Business facilitation visitors

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

(s)

Business facilitation visitors

(1)

In general

For purposes of section 101(a)(15)(B), the term visiting the United States temporarily for business includes visiting the United States temporarily as a business facilitation visitor, as defined in paragraph (2). (2)

Definition of business facilitation visitor

For purposes of this subsection, a business facilitation visitor is an alien who is visiting the United States temporarily to— (A)provide services pursuant to a qualifying services contract, as defined in paragraph (7); or (B)(i)provide management or technical training to; or (ii)receive management or technical training from personnel of a United States entity. (3)

Conditions

(A)

In general

No alien may be admitted or provided status as a business facilitation visitor unless— (i)the alien is a national of a country that the Secretary of Homeland Security has certified as having entered into arrangements with the United States to combat fraud in the application for visas to the United States through the use of measures such as machine readable passports and biometric technology; and (ii)the consular officer to whom the alien applies for a visa under the provisions of section 101(a)(15)(B) determines, based on evidence provided by the alien, that the conditions described in this paragraph have been met. (B)

Conditions with respect to provision of services

In the case of the provision of services as described in paragraph (2)(A), the conditions described in this paragraph are that— (i)all of the alien’s remuneration and expenses related to the provision of such services will be paid by the alien’s employer; and (ii)the alien is qualified to provide such services, as demonstrated by the alien’s possession of— (I)expert knowledge of the entity’s technology or operations on the basis of technical training or experience; and (II)all licenses or other authorizations required to provide the services in the United States. (C)

Conditions with respect to provision or receipt of management or technical training

In the case of the provision or receipt of management or technical training as described in paragraph (2)(B), the conditions described in this paragraph are that— (i)the alien is an employee of a firm, corporation, or other legal entity that— (I)is affiliated through ownership or control with the United States entity whose personnel will be providing or receiving the training; (II)has entered into a joint venture or similar agreement with the United States entity; or (III)has purchased, or is considering purchasing, goods or services from, or has sold goods or services to, the United States entity, and the training is related to such purchase or sale; (ii)all of the alien’s remuneration and expenses related to the provision or receipt of such training will be paid by the alien’s employer; (iii)in the case of an alien seeking to provide management training, the alien has— (I)at least 5 years of experience directly related to management or management training; and (II)detailed knowledge of the business operations of the alien’s employer; and (iv)in the case of an alien seeking to receive management training, the alien holds, or will hold within 1 year of completing the training, a management level position within the alien’s employer. (4)

Period of authorized admission

(A)

Business facilitation visitors providing services

The period of authorized admission for an alien admitted as a business facilitation visitor providing professional services as described in paragraph (2)(A) shall not exceed 1 year. However, the Secretary of Homeland Security may grant such alien a single extension of not more than 6 months if the Secretary determines, based on evidence provided by the alien, that— (i)there has been an unforeseen delay in completing the provision of services described in the qualifying services contract; and (ii)replacing the alien with another provider of professional services would further delay or otherwise inhibit fulfillment of the terms of the contract. (B)

Business facilitation visitors providing or receiving management or technical training

The period of authorized admission for an alien admitted as a business facilitation visitor providing or receiving management or technical training, as described in paragraph (2)(B), may not exceed 1 year. (5)

No change of status

Notwithstanding any other provision of this Act, an alien admitted as a business facilitation visitor shall not be eligible for a change of nonimmigrant status or for an adjustment from nonimmigrant to immigrant status during the alien’s stay in the United States. (6)

Authorization to counter pattern of fraud

If the Secretary of Homeland Security finds that nationals of a country have engaged in a pattern of fraud involving visa applications or other immigration matters, the Secretary may prohibit such nationals from admission to the United States as business facilitation visitors for such period of time as the Secretary determines to be appropriate. (7)

Definition of qualifying services contract

For purposes of this subsection, a qualifying services contract is a contract between a foreign provider of professional services and a United States entity, the terms of which include— (A)the time period during which the alien will be required to be present in the United States in order to fulfill the terms of the contract; (B)the duties to be performed by the alien in the United States; (C)provisions stating that— (i)the alien’s remuneration and expenses will be paid by the foreign provider; (ii)the United States entity will provide the alien with working conditions comparable to those of similarly situated providers of professional services to the entity and consistent with the applicable requirements of the Fair Labor Standards Act (29 U.S.C. 201 et seq.); and (iii)the alien possesses the credentials necessary to provide the services covered by the contract, including any licenses or other authorizations required to provide the services in the United States; and (D)a provision stating the respective responsibilities of the foreign provider for ensuring the alien’s— (i)compliance with the terms of the alien’s admission to the United States; and (ii)return to the alien’s home country at the conclusion of the period for which the alien is admitted.