110 HR 5817 IH: To establish a new nonimmigrant category for Korean U.S. House of Representatives 2008-04-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5817 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.

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 .