[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5817 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5817

 To establish a new nonimmigrant category for Korean aliens seeking to 
enter the United States temporarily to perform services in a specialty 
                  occupation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 2008

 Mr. Faleomavaega introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a new nonimmigrant category for Korean aliens seeking to 
enter the United States temporarily to perform services in a specialty 
                  occupation, and for other purposes.

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

SECTION 1. NEW NONIMMIGRANT CATEGORY FOR KOREAN ALIENS SEEKING TO ENTER 
              THE UNITED STATES TEMPORARILY TO PERFORM SERVICES IN A 
              SPECIALTY OCCUPATION.

    (a) In General.--Section 101(a)(15)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
            (1) in clause (ii), by striking ``or'' at the end; and
            (2) by adding at the end the following: ``or (iv) 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 Secretary of State 
        that the intending employer has filed with the Secretary of 
        Labor an attestation under section 212(t)(1);''.
    (b) Attestation.--Section 212(t) of such Act (8 U.S.C. 1182(t)), as 
added by section 402(b)(2) of Public Law 108-77 (117 Stat. 941), is 
amended--
            (1) except in clauses (i)(II), (ii)(II), and (iii)(II) of 
        paragraph (3)(C), by striking ``or section 101(a)(15)(E)(iii)'' 
        each place such term appears and inserting ``or clause (iii) or 
        (iv) of section 101(a)(15)(E)''; and
            (2) in clauses (i)(II), (ii)(II), and (iii)(II) of 
        paragraph (3)(C), by striking ``or 101(a)(15)(E)(iii) or 
        section 101(a)(15)(E)(iii)'' each place such term appears and 
        inserting ``or clause (iii) or (iv) of section 101(a)(15)(E)''.
    (c) Numerical Limitation.--Section 214(g)(11) of such Act (8 U.S.C. 
1184(g)(11)) is amended--
            (1) in subparagraph (A), by striking ``section 
        101(a)(15)(E)(iii)'' and inserting ``clause (iii) or (iv) of 
        section 101(a)(15)(E)''; and
            (2) by amending subparagraph (B) to read as follows:
    ``(B) The applicable numerical limitation referred to in 
subparagraph (A) is--
            ``(i) 10,500 for each fiscal year for aliens described in 
        section 101(a)(15)(E)(iii); and
            ``(ii) 20,000 for each fiscal year for aliens described in 
        section 101(a)(15)(E)(iv).''.
    (d) Specialty Occupation Defined.--Section 214(i) of such Act (8 
U.S.C. 1184(i)) is amended by striking ``section 101(a)(15)(E)(iii),'' 
and inserting ``clauses (iii) and (iv) of section 101(a)(15)(E),''.
    (e) Change of Employer.--Section 214(n) of such Act (8 U.S.C. 
1184(n)) is amended--
            (1) in paragraph (1), by striking ``section 
        101(a)(15)(H)(i)(b)'' and inserting ``subparagraph (H)(i)(b) or 
        (E)(iv) of section 101(a)(15)''; and
            (2) in paragraph (2)(B)--
                    (A) by striking ``(B)'' and inserting ``(B)(i) in 
                the case of a nonimmigrant having status under section 
                101(a)(15)(H)(i)(b),''; and
                    (B) by adding at the end the following:
            ``(ii) in the case of a nonimmigrant having status under 
        section 101(a)(15)(E)(iv), who has filed such a petition before 
        such expiration date; and''.
                                 <all>