TITLE IV:REFORMS TO NONIMMIGRANT VISA PROGRAMS

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§ 4402 : CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE TRADE COUNTRIES
a.

NONIMMIGRANT STATUS.— Section 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended—

1.

in the matter preceding clause (i), by inserting , bilateral investment treaty, or free trade agreement after treaty of commerce and navigation;

2.

in clause (ii), by striking or at the end; and

3.

by adding at the end the following:

iv.

solely to perform services in a specialty occupation in the United States if the alien is a national of a country, other than Chile, Singapore, or Australia, with which the United States has entered into a free trade agreement (regardless of whether such an agreement is a treaty of commerce and navigation) and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t); or

v.

solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t);

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vi.

solely to perform services as an employee and who has at least a high school education or its equivalent, or has, during the most recent 5-year period, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience if the alien is a national of a country—

I.

designated as an eligible sub-Saharan African country under section 104 of the African Growth and Opportunity Act (19 U.S.C.2 3703); or

II.

designated as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.);

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b.

NUMERICAL LIMITATION.—Section 214(g)(11) (8 U.S.C. 1184(g)(11)) is amended—

1.

in subparagraph (A), by striking section 101(a)(15)(E)(iii) and inserting clauses (iii) and (vi) of section 101(a)(15)(E); and

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2.

by amending subparagraph (B) to read as follows:

B.

The applicable numerical limitation referred to in subparagraph (A) for each fiscal year is—

i.

10,500 for each of the nationalities identified in clause (iii) of section 101(a)(15)(E); and

ii.

10,500 for all aliens described in clause (vi) of such section.

c.

FREE TRADE AGREEMENTS.— Section 214(g)(8 U.S.C. 1184(g)) is amended by adding at the end the following:

12.

 A. The free trade agreements referred to in section 101(a)(15)(E)(iv)are defined as any free trade agreement designated by the Secretary of Homeland Security with the concurrence of the United States Trade Representative and the Secretary of State.

B.

The Secretary of State may not approve a number of initial applications submitted for aliens described in clause (iv) or (v) of section 101(a)(15)(E)that is more than 5,000 per fiscal year for each country with which the United States has entered into a Free Trade Agreement.

C.

The applicable numerical limitation referred to in subparagraph (A) shall apply only to principal aliens and not to the spouses or children of such aliens.

d.

NONIMMIGRANT PROFESSIONALS.— Section 212(t)(8 U.S.C. 1182(t)) is amended by striking section 101(a)(15)(E)(iii) each place that term appears and inserting clause (iv)or (v) of section 101(a)(15)(E).