S.744 Immigration bill - Sec. 4601: EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL LIMITATION

Posted Wed, Apr 17, 2013 at 4:58 pm

    (a) In General-

      (1) IN GENERAL- Subparagraph (A) of paragraph (10) of section 214(g) (8 U.S.C. 1184(g)), as redesignated by section 4101(a)(3), is amended by striking `fiscal year 2004, 2005, or 2006' and inserting `fiscal year 2013 shall not again be counted toward such limitation during fiscal years 2014 through 2018.'.

      (2) EFFECTIVE PERIOD- The amendment made by paragraph (1) shall be effective during the period beginning on the effective date described in subsection (c) and ending on September 30, 2018.

    (b) Technical and Clarifying Amendments-

      (1) NONIMMIGRANT STATUS- Section 101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amended--

        (A) in clause (iii), by striking `or' at the end;

        (B) in clause (iv), by striking `clause (i), (ii), or (iii),' and inserting `clause (i), (ii), (iii), or (iv)';

        (C) by redesignating `clause (iv)' as `clause (v)'; and

        (D) by inserting after `clause (iii)' the following new clause:

          `(iv) is a ski instructor seeking to enter the United States temporarily to perform instructing services; or'.

      (2) AUTHORIZED PERIOD OF STAY; NUMERICAL LIMITATION- Section 214(a)(2)(B) (8 U.S.C. 1184(a)(2)(B)) is amended in the second sentence--

        (A) by inserting `or ski instructors' after `athletes'; and

        (B) by inserting `or ski instructor' after `athlete'.

      (3) CONSTRUCTION- Nothing in the amendments made by this subsection may be construed as preventing an alien who is a ski instructor from obtaining nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such alien is otherwise qualified for such status.

    (c) Effective Date- The amendment made by subsection (a) shall take effect as if enacted on January 1, 2013.

4601
EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL LIMITATION