[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3051 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3051

      To extend H-1B status for aliens with lengthy adjudications.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2002

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To extend H-1B status for aliens with lengthy adjudications.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION OF H-1B STATUS FOR ALIENS WITH LENGTHY 
              ADJUDICATIONS.

    (a) Exemption From Limitation.--Section 106(a) of American 
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184 
note) is amended to read as follows:
    ``(a) Exemption From Limitation.--The limitation contained in 
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(4)) with respect to the duration of authorized stay shall not 
apply to any nonimmigrant alien previously issued a visa or otherwise 
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such 
Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), if 365 days or more have elapsed 
since the filing of any of the following:
            ``(1) Any application for labor certification under section 
        212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case in 
        which certification is required or used by the alien to obtain 
        status under section 203(b) of such Act (8 U.S.C. 1153(b)).
            ``(2) A petition described in section 204(b) of such Act (3 
        U.S.C. 1154(b)) to accord the alien a status under section 
        203(b) of such Act.''.
    (b) Extension of H-1B Worker Status.--Section 106(b) of American 
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184 
note) is amended to read as follows:
    ``(b) Extension of H-1B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made--
            ``(1) to deny the application described in subsection 
        (a)(1), or, in a case in which such application is granted, to 
        deny a petition described in subsection (a)(2) filed on behalf 
        of the alien pursuant to such grant;
            ``(2) to deny the petition described in subsection (a)(2); 
        or
            ``(3) to grant or deny the alien's application for an 
        immigrant visa or for adjustment of status to that of an alien 
        lawfully admitted for permanent residence.''.
                                 <all>