§ 4103 : ELIMINATING IMPEDIMENTS TO WORKER MOBILITY |
DEFERENCE TO PRIOR APPROVALS.— Section 214(c)(8 U.S.C. 1184(c)), as amended by section 4102, is further amended by adding at the end the following:
Subject to paragraph (2)(D) and subsection (g) and section 104(c) and subsections (a) and (b) of section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall give deference to a prior approval of a petition in reviewing a petition to extend the status of a nonimmigrant admitted under subparagraph (H)(i)(b)or (L) of section 101(a)(15)if the petition involves the same alien and petitioner unless the Secretary determines that—
there was a material error with regard to the previous petition approval;
a substantial change in circumstances has taken place;
new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant; or
in the Secretary’s discretion, such extension should not be approved.
EFFECT OF EMPLOYMENT TERMINATION.— Section 214(n)(8 U.S.C. 1184(n)) is amended by adding at the end the following:
A nonimmigrant admitted under section 101(a)(15)(H)(i)(b)whose employment relationship terminates before the expiration of the nonimmigrant’s period of authorized admission shall be deemed to have retained such legal status throughout the entire 60-day period beginning on the date such employment is terminated. A nonimmigrant who files a petition to extend, change, or adjust their status at any point during such period shall be deemed to have lawful status under section 101(a)(15)(H)(i)(b)while that petition is pending.
VISA REVALIDATION.— Section 222(c)(8 U.S.C. 1202(c)) is amended—
by inserting (1) before Every alien; and
by adding at the end the following:
The Secretary of State may, at the Secretary’s discretion, renew in the United States the visa of an alien admitted under subparagraph (A),(E),(G),(H),(I),(L),(N),(O),(P),(R), or (W) of section 101(a)(15)if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection (h)(1)(D).
INTERVIEW WAIVERS FOR LOW RISK VISA APPLICANTS.— Section 222(h)(1)(8 U.S.C. 1202(h)(1)) is amended—
in subparagraph (B)(iv), by striking or at the end;
in subparagraph (C)(ii), by striking and at the end and inserting or; and
by adding at the end the following:
by the Secretary of State, in consultation with the Secretary of Homeland Security, for such aliens or classes of aliens—
that the Secretary determines generally represent a low security risk;
for which an in-person interview would not add material benefit to the adjudication process;
unless the Secretary of State, after a review of all standard database and biometric checks, the visa application, and other supporting documents, determines that an interview is unlikely to reveal derogatory information; and
except that in every case, the Secretary of State retains the right to require an applicant to appear for an interview; and