Back to Bill Details

HR 5817 IH

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.

April 16, 2008

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

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'.