§ 4403 : E–VISA REFORM

NONIMMIGRANT CATEGORY.— Section 101(a)(15)(E)(iii)(8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting , or solely to perform services as an employee and who has at least a high school education or its equivalent, or has, within 5 years, 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 the Republic of Ireland, after Australia.

TEMPORARY ADMISSION.— Section 212(d)(3)(A)(8 U.S.C. 1182(d)(3)(A)) is amended to read as follows:

A.

Except as otherwise provided in this subsection—

i.

an alien who is applying for a nonimmigrant visa and who the consular officer knows or believes to be ineligible for such visa under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)—

I.

after approval by the Secretary of Homeland Security of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite the alien’s inadmissibility, may be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security; or

II.

absent such recommendation and approval, be granted a nonimmigrant visa pursuant to section 101(a)(15)(E)if such ineligibility is based solely on conduct in violation of paragraph (6),(7), or (9) of section 212(a)that occurred before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and

ii.

an alien who is inadmissible under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection), is in possession of appropriate documents or was granted a waiver from such document requirement, and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security, who shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.