TITLE IV:REFORMS TO NONIMMIGRANT VISA PROGRAMS

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§ 4404 : OTHER CHANGES TO NONIMMIGRANT VISAS


a.

PORTABILITY.—Paragraphs (1)and (2) of section 214(n)(8 U.S.C. 1184(n)) are amended to read as follows:

1.

A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b)or 101(a)(15)(O)(i)is authorized to accept new employment pursuant to such section upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.

2.

A nonimmigrant alien described in this paragraph is a nonimmigrant alien—

A.

who has been lawfully admitted into the United States;

B.

on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and

C.

who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.

b.

WAIVER.—The undesignated material at the end of section 214(c)(3)(8 U.S.C. 1184(c)(3)) is amended to read as follows:

The Secretary of Homeland Security shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section

i.

any opinion under the previous sentence shall only be advisory;

ii.

any such opinion that recommends denial must be in writing;

iii.

in making the decision the Attorney General shall consider the exigencies and scheduling of the production;

iv.

the Attorney General shall append to the decision any such opinion; and

v.

upon making the decision, the Attorney General shall immediately provide a copy of the decision to the consulting labor and management organizations.