TITLE IV:REFORMS TO NONIMMIGRANT VISA PROGRAMS

previous next

§ 4601 : EXTENSION OF RETURNING WORKER EXEMPTION TO H–2B NUMERICAL LIMITATION


a.

IN GENERAL.—

1.

IN GENERAL.—Subparagraph (A) of paragraph (10) of section 214(g)(8 U.S.C. 1184(g)), as redesignated by section 4101(a)(3), is amended by striking fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007. and inserting fiscal year 2013 shall not again be counted toward such limitation during fiscal years 2014 through 2018..

2.

EFFECTIVE PERIOD.—The amendment made by paragraph (1) shall be effective during the period beginning on the effective date described in subsection (c) and ending on September 30, 2018.

b.

TECHNICAL AND CLARIFYING AMENDMENTS.—

1.

NONIMMIGRANT STATUS.— Section 101(a)(15)(P)(8 U.S.C. 1101(a)(15)(P)) is amended—

A.

in clause (iii), by striking or at the end;

B.

in clause (iv), by striking clause (i), (ii), or (iii), and inserting clause (i), (ii), (iii), or (iv);

C.

by redesignating clause (iv) as clause (v); and

D.

by inserting after clause (iii) the following:

iv.

is a ski instructor who has been certified as a level I, II, or III ski and snowboard instructor by the Professional Ski Instructors of America or the American Association of Snowboard Instructors, or received an equivalent certification in the alien’s country of origin, and is seeking to enter the United States temporarily to perform instructing services; or

2.

AUTHORIZED PERIOD OF STAY; NUMERICAL LIMITATION.— Section 214(a)(2)(B)(8 U.S.C. 1184(a)(2)(B)) is amended in the second sentence—

A.

by inserting or ski instructors after athletes; and

B.

by inserting or ski instructor after athlete.

3.

CONSTRUCTION.—Nothing in the amendments made by this subsection may be construed as preventing an alien who is a ski instructor from obtaining nonimmigrant status under section 101(a)(15)(H)(ii)(b)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such alien is otherwise qualified for such status.

c.

EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect as if enacted on January 1, 2013.