```

[House Report 114-614]
[From the U.S. Government Publishing Office]

114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-614

======================================================================
 
         OVERSEE VISA INTEGRITY WITH STAKEHOLDER ADVISORIES ACT

                                _______
                                

 June 10, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3636]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3636) to amend the Immigration and Nationality Act 
to allow labor organizations and management organizations to 
receive the results of visa petitions about which such 
organizations have submitted advisory opinions, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     2
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     5
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Duplication of Federal Programs..................................     7
Disclosure of Directed Rule Makings..............................     7
Performance Goals and Objectives.................................     7
Advisory on Earmarks.............................................     8
Section-by-Section Analysis......................................     8
Changes in Existing Law Made by the Bill, as Reported............     8

                             The Amendments

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Oversee Visa Integrity with 
Stakeholder Advisories Act'' or the ``O-VISA Act''.

SEC. 2. ALLOWING CERTAIN ORGANIZATIONS TO RECEIVE THE RESULTS OF VISA 
                    PETITIONS.

  Section 214(c)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(3)) is amended--
          (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
          (2) in the first sentence of the matter following 
        subparagraph (B)--
                  (A) by striking ``and (iv)'' and inserting ``(iv)''; 
                and
                  (B) by striking the period at the end and inserting 
                the following: ``, and (v) upon making the decision, 
                the Secretary of Homeland Security shall provide a copy 
                of the decision to each organization with which the 
                Secretary consulted under subparagraph (A) or (B).''.
    Amend the title so as to read:
    A bill to amend the Immigration and Nationality Act to 
allow labor organizations and management organizations to 
receive the results of visa petitions about which such 
organizations have submitted advisory opinions.

                          Purpose and Summary

    H.R. 3636 ensures that labor organizations and management 
organizations receive the results of petitions for O 
nonimmigrant status (for aliens with extraordinary abilities in 
the sciences, arts, education, business, or athletics and those 
accompanying and assisting in the aliens' artistic or athletic 
performances in the United States) about which such 
organizations submitted advisory opinions to U.S. Citizenship 
and Immigration Services.

                Background and Need for the Legislation

                                O VISAS

    [An O-1 visa is a temporary visa for an alien who] has 
extraordinary ability in the sciences, arts, education, 
business, or athletics which has been demonstrated by sustained 
national or international acclaim or, with regard to motion 
picture and television productions a demonstrated record of 
extraordinary achievement, and whose achievements have been 
recognized in the field through extensive documentation, and 
seeks to enter the United States to continue work in the area 
of extraordinary ability. . . .\1\
---------------------------------------------------------------------------
    \1\Section 101(a)(15)(O)(i) of the Immigration and Nationality Act 
(INA).
---------------------------------------------------------------------------
    An O-2 visa is a temporary visa for an alien who:

    (I)
           Lseeks to enter the United States temporarily and 
        solely for the purpose of accompanying and assisting in 
        the artistic or athletic performance by an [O-1] alien 
        who is admitted . . . for a specific event or events,

    (II)
           Lis an integral part of such actual performance, 
        [and]

    (III)
           L(a) has critical skills and experience with such 
        alien which are not of a general nature and which 
        cannot be performed by other individuals, or

           L(b) in the case of a motion picture or television 
        production, has skills and experience with such alien 
        which are not of a general nature and which are 
        critical either based on a pre-existing longstanding 
        working relationship or, with respect to the specific 
        production, because significant production (including 
        pre- and post-production work) will take place both 
        inside and outside the United States and the continuing 
        participation of the alien is essential to the 
        successful completion of the production. . . .\2\
---------------------------------------------------------------------------
    \2\Section 101(a)(15)(O)(ii) of the INA.

    U.S. Citizenship and Immigration Services' (USCIS) approval 
rate in fiscal year 2013 for O-1 petitions was 96% and for O-2 
petitions was 98%.\3\
---------------------------------------------------------------------------
    \3\See USCIS, U.S. Department of Homeland Security (DHS), USCIS 
Responses to Questions from Chairman Goodlatte and Ranking Member 
Conyers at 1 (July 23, 2014).
---------------------------------------------------------------------------

                             CONSULTATIONS

    Employers and other petitioners seeking O visas for aliens 
must\4\ meet a ``consultation'' requirement designed to protect 
American workers by ensuring that truly extraordinary aliens 
are able to receive O-1 visas.\5\ In general, petitioners 
filing O-1 petitions must include a written\6\ ``advisory 
opinion from a peer group\7\ (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.''\8\ O-2 petitions 
must be filed with ``an advisory opinion from a labor 
organization with expertise in the skill area involved.''\9\ 
With respect to aliens seeking entry for motion picture or 
television productions, consultation must be with ``the 
appropriate union representing the alien's occupational peers 
and a management organization in the area of the alien's 
ability. . . .''\10\
---------------------------------------------------------------------------
    \4\See 8 C.F.R. sec. 214.2(o)(5)(i).
    \5\See section 214(c)(3) & (6) of the INA.
    \6\See 8 C.F.R. sec. 214.2(o)(5)(i)(B).
    \7\``Peer group means a group or organization which is comprised of 
practitioners of the alien's occupation. If there is a collective 
bargaining representative of an employer's employees in the 
occupational classification for which the alien is being sought, such a 
representative may be considered the appropriate peer group for 
purposes of consultation.'' 8 C.F.R. sec. 214.2(o)(3)(ii).
    \8\Section 214(c)(6)(A)(i) of the INA.
    \9\Section 214(c)(6)(A)(ii) of the INA.
    \10\Section 214(c)(3)(A) of the INA (for O-1 visas, with similar 
standards for O-2 visas (see section 214(c)(3)(B) of the INA).
---------------------------------------------------------------------------
    The INA provides that in the case of an alien seeking entry 
for a motion picture or television production ``any opinion . . 
. shall only be advisory . . . any such opinion that recommends 
denial must be in writing . . . in making the decision the 
[Secretary of Homeland Security] shall consider the exigencies 
and scheduling of the production, and [the Secretary of 
Homeland Security] shall append to the decision any such 
opinion.''\11\
---------------------------------------------------------------------------
    \11\Section 214(c)(3) of the INA (The consultation requirement is 
waived ``in the case of aliens who have been admitted as [O-1 
nonimmigrants] because of extraordinary ability in the arts and who 
seek readmission to perform similar services within 2 years after the 
date of a consultation. . . .'').
---------------------------------------------------------------------------
    USCIS regulations provide that:

        [For O-1 visas, i]f the advisory opinion is not 
        favorable to the petitioner, the advisory opinion must 
        set forth a specific statement of facts which supports 
        the conclusion reached in the opinion. If the advisory 
        opinion is favorable to the petitioner, it should 
        describe the alien's ability and achievements in the 
        field of endeavor, describe the nature of the duties to 
        be performed, and state whether the position requires 
        the services of an alien of extraordinary ability. A 
        consulting organization may also submit a letter of no 
        objection in lieu of the above if it has no objection 
        to the approval of the petition. . . .
        .    .    .    .

        In the case of an alien of extraordinary achievement 
        who will be working on a motion picture or television 
        production, consultation shall be made with the 
        appropriate union representing the alien's occupational 
        peers and a management organization in the area of the 
        alien's ability. If an advisory opinion is not 
        favorable to the petitioner, the advisory opinion must 
        set forth a specific statement of facts which supports 
        the conclusion reached in the opinion. If the advisory 
        opinion is favorable to the petitioner, the written 
        advisory opinion from the labor and management 
        organizations should describe the alien's achievements 
        in the motion picture or television field and state 
        whether the position requires the services of an alien 
        of extraordinary achievement. If a consulting 
        organization has no objection to the approval of the 
        petition, the organization may submit a letter of no 
        objection in lieu of the above.
        .    .    .    .

        Consultation with a labor organization with expertise 
        in the skill area involved is required for an O-2 alien 
        accompanying an O-1 alien of extraordinary ability. In 
        the case of an O-2 alien seeking entry for a motion 
        picture or television production, consultation with a 
        labor organization and a management organization in the 
        area of the alien's ability is required. If an advisory 
        opinion is not favorable to the petitioner, the 
        advisory opinion must set forth a specific statement of 
        facts which supports the conclusion reached in the 
        opinion. If the advisory opinion is favorable to the 
        petitioner, the opinion provided by the labor and/or 
        management organization should describe the alien's 
        essentiality to, and working relationship with, the O-1 
        artist or athlete and state whether there are available 
        U.S. workers who can perform the support services. If 
        the alien will accompany an O-1 alien involved in a 
        motion picture or television production, the advisory 
        opinion should address the alien's skills and 
        experience with the O-1 alien and whether the alien has 
        a pre-existing longstanding working relationship with 
        the O-1 alien, or whether significant production will 
        take place in the United States and abroad and if the 
        continuing participation of the alien is essential to 
        the successful completion of the production. A 
        consulting organization may also submit a letter of no 
        objection in lieu of the above if it has no objection 
        to the approval of the petition.\12\
---------------------------------------------------------------------------
    \12\8 C.F.R. sec. 214.2(o)(5)(ii)(A), (iii), (iv).

    In addition, USCIS regulations provide that ``[i]n those 
cases where it is established by the petitioner that an 
appropriate peer group, including a labor organization, does 
not exist, the Service shall render a decision on the evidence 
of record.''\13\
---------------------------------------------------------------------------
    \13\8 C.F.R. sec. 214.2(o)(5)(i)(G).
---------------------------------------------------------------------------
    USCIS has noted to the Committee that:

        [T]he consultations are only one piece of evidence 
        reviewed in the totality of all the information 
        provided during the course of an adjudication . . . 
        [U]nder the preponderance of evidence standard, a 
        petition with a negative consultation could still be 
        approved if the totality of the evidence established 
        that, more likely than not, the beneficiary was 
        eligible for the benefit sought. Likewise, a positive 
        consultation may not necessarily lead to approval of 
        the petition if the totality of the evidence 
        established that, more likely than not, the beneficiary 
        was not eligible for the benefit sought.''\14\
---------------------------------------------------------------------------
    \14\USCIS Responses to Questions from Chairman Goodlatte and 
Ranking Member Conyers at 3.

    As to how many of these petitions were objected to by an 
organization providing an advisory opinion and how many were 
approved despite such objections, USCIS indicated that ``[o]ur 
database does not capture the information requested.''\15\
---------------------------------------------------------------------------
    \15\Id. at 1.
---------------------------------------------------------------------------
    USCIS does not provide notice as to the outcome of 
adjudications to the organizations that provide advisory 
opinions. It believes that ``[s]ince the petitions are 
contained with a system of records under the Privacy Act, 5 USC 
552a, USCIS is prohibited from sharing information regarding 
the results of an adjudication to third parties absent a 
release from the petitioner.''\16\
---------------------------------------------------------------------------
    \16\Id. at 2.
---------------------------------------------------------------------------
    The Directors Guild of America (DGA) is ``the organization 
charged with providing O-1 and O-2 advisory opinions on behalf 
of directors, assistant directors, associate directors, unit 
production managers, stage managers and production 
assistants.''\17\ The DGA has raised concerns regarding 
``[p]etitioners who, upon receipt of an objection from one 
labor organization, seek a consultation letter from a different 
organization [or] remove or revise the evidence in their 
petition to omit the basis for DGA's objection before 
submitting the petition to USCIS [or p]etitioners who 
physically alter DGA letters to change their content [or] draft 
fabricated letters and forge DGA signatures. . . .''\18\
---------------------------------------------------------------------------
    \17\Letter from Matthew Bowers, Assistant General Counsel, DGA, to 
Mallory Hurteau, USCIS, DHS at 1 (Feb. 22, 2013).
    \18\DGA, Abuse of ``O'' Visa Program Jeopardizes Jobs in the Motion 
Picture Industry.
---------------------------------------------------------------------------

                               H.R. 3636

    H.R. 3636 provides that upon making the decision as to 
whether to approve an O visa petition regarding motion picture 
and television productions, ``the Secretary of Homeland 
Security shall provide a copy of the decision to the 
organizations consulted with. . . .''

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3636.

                        Committee Consideration

    On May 25, 2016, the Committee met in open session and 
ordered the bill H.R. 3636 favorably reported, with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3636.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3636, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 9, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3636, the 
``Oversee Visa Integrity with Stakeholder Advisories Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                                Keith Hall,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

   H.R. 3636--Oversee Visa Integrity with Stakeholder Advisories Act.

      As ordered reported by the House Committee on the Judiciary 
                            on May 25, 2016.

    Foreign people with records of extraordinary achievement in 
motion pictures or television productions may apply for visas 
(known as ``O'' visas) for temporary admission to the United 
States. In evaluating petitions for these people and their 
associates, the Department of Homeland Security (DHS) must 
consult with certain labor organizations before rendering a 
decision. H.R. 3636 would require DHS to provide a copy of the 
decision to each such organization that it consulted.
    Based on information from DHS, CBO estimates that enacting 
H.R. 3636 would have no significant cost to the Federal 
Government. Any such costs would be paid from fees collected by 
DHS and would be considered direct spending, so pay-as-you-go 
procedures would apply to the bill. The legislation would not 
affect revenues. CBO estimates that enacting H.R. 3636 would 
not increase net direct spending or on-budget deficits in any 
of the four consecutive 10-year periods beginning in 2027.
    H.R. 3636 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 3636 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3636 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3636 allows labor organizations and management organizations to 
receive the results of petitions for O nonimmigrant status (for 
aliens with extraordinary abilities in the sciences, arts, 
education, business, or athletics and those accompanying and 
assisting in the aliens' artistic or athletic performances in 
the United States) about which such organizations submitted 
advisory opinions to USCIS.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3636 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    Section 1. Short title. Section 1 sets forth the short 
title of the bill as the ``Oversee Visa Integrity with 
Stakeholder Advisories Act'' or the ``O-VISA Act''.
    Section 2. Allowing certain organizations to receive the 
results of visa petitions. Section 2 amends section 214(c)(3) 
of the Immigration and Nationality Act (8 U.S.C. Sec. 1184(c) 
(3)). It strikes ``Attorney General'' each place it appears and 
inserts ``Secretary of Homeland Security.'' It requires that 
``upon making the decision [to approve or deny an O visa 
petition], the Secretary of Homeland Security shall provide a 
copy of the decision to each organization with which the 
Secretary consulted'' pursuant to subparagraphs (A) or (B) [of 
section 214(c)(3)].

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *
TITLE II--IMMIGRATION

           *       *       *       *       *       *       *

 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *

                       admission of nonimmigrants

    Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam or the 
Commonwealth of the Northern Mariana Islands without a visa 
pursuant to section 212(l) may be authorized to enter or stay 
in the United States other than in Guam or the Commonwealth of 
the Northern Mariana Islands or to remain in Guam or the 
Commonwealth of the Northern Mariana Islands for a period 
exceeding 45 days from date of admission to Guam or the 
Commonwealth of the Northern Mariana Islands. No alien admitted 
to the United States without a visa pursuant to section 217 may 
be authorized to remain in the United States as a nonimmigrant 
visitor for a period exceeding 90 days from the date of 
admission.
    (2)(A) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(O) shall be for such period as 
the Attorney General may specify in order to provide for the 
event (or events) for which the nonimmigrant is admitted.
    (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes under section 101(a)(15)(P), the period of 
authorized status may be for an initial period (not to exceed 5 
years) during which the nonimmigrant will perform as an athlete 
and such period may be extended by the Attorney General for an 
additional period of up to 5 years.
    (b) Every alien (other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of section 
101(a)(15)(H)(i) except subclause (b1) of such section) shall 
be presumed to be an immigrant until he establishes to the 
satisfaction of the consular officer, at the time of 
application for a visa, and the immigration officers, at the 
time of application for admission, that he is entitled to a 
nonimmigrant status under section 101(a)(15). An alien who is 
an officer or employee of any foreign government or of any 
international organization entitled to enjoy privileges, 
exemptions, and immunities under the International 
Organizations Immunities Act, or an alien who is the attendant, 
servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an 
immigrant visa, or to enter the United States as an immigrant 
unless he executes a written waiver in the same form and 
substance as is prescribed by section 247(b).
    (c)(1) The question of importing any alien as a 
nonimmigrant under subparagraph (H), (L), (O), or (P)(i) of 
section 101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the Attorney General, after consultation 
with appropriate agencies of the Government, upon petition of 
the importing employer. Such petition shall be made and 
approved before the visa is granted. The petition shall be in 
such form and contain such information as the Attorney General 
shall prescribe. The approval of such a petition shall not, of 
itself, be construed as establishing that the alien is a 
nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
    (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.
    (B) For purposes of section 101(a)(15)(L), an alien is 
considered to be serving in a capacity involving specialized 
knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in 
international markets or has an advanced level of knowledge of 
processes and procedures of the company.
    (C) The Attorney General shall provide a process for 
reviewing and acting upon petitions under this subsection with 
respect to nonimmigrants described in section 101(a)(15)(L) 
within 30 days after the date a completed petition has been 
filed.
    (D) The period of authorized admission for--
            (i) a nonimmigrant admitted to render services in a 
        managerial or executive capacity under section 
        101(a)(15)(L) shall not exceed 7 years, or
            (ii) a nonimmigrant admitted to render services in 
        a capacity that involves specialized knowledge under 
        section 101(a)(15)(L) shall not exceed 5 years.
    (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
    (F) An alien who will serve in a capacity involving 
specialized knowledge with respect to an employer for purposes 
of section 101(a)(15)(L) and will be stationed primarily at the 
worksite of an employer other than the petitioning employer or 
its affiliate, subsidiary, or parent shall not be eligible for 
classification under section 101(a)(15)(L) if--
            (i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
            (ii) the placement of the alien at the worksite of 
        the unaffiliated employer is essentially an arrangement 
        to provide labor for hire for the unaffiliated 
        employer, rather than a placement in connection with 
        the provision of a product or service for which 
        specialized knowledge specific to the petitioning 
        employer is necessary.
    (3) The [Attorney General] Secretary of Homeland Security 
shall approve a petition--In the case of an alien seeking entry 
for a motion picture or television production, (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] Secretary of 
Homeland Security shall consider the exigencies and scheduling 
of the production, and (iv) (iv) the [Attorney General] 
Secretary of Homeland Security shall append to the decision any 
such opinion. The [Attorney General] 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 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the [Attorney General] Secretary of Homeland Security shall 
forward a copy of the petition and all supporting documentation 
to the national office of an appropriate labor organization.
            (A) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(i) only after consultation in 
        accordance with paragraph (6) or, with respect to 
        aliens seeking entry for a motion picture or television 
        production, after consultation with the appropriate 
        union representing the alien's occupational peers and a 
        management organization in the area of the alien's 
        ability, or
            (B) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(ii) after consultation in 
        accordance with paragraph (6) or, in the case of such 
        an alien seeking entry for a motion picture or 
        television production, after consultation with such a 
        labor organization and a management organization in the 
        area of the alien's ability.
In the case of an alien seeking entry for a motion picture or 
television production, (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] Secretary of Homeland Security 
shall consider the exigencies and scheduling of the production, 
[and (iv)] (iv) the [Attorney General] Secretary of Homeland 
Security shall append to the decision any such opinion[.], and 
(v) upon making the decision, the Secretary of Homeland 
Security shall provide a copy of the decision to each 
organization with which the Secretary consulted under 
subparagraph (A) or (B). The [Attorney General] 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 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the [Attorney General] Secretary of Homeland Security shall 
forward a copy of the petition and all supporting documentation 
to the national office of an appropriate labor organization.
    (4)(A) For purposes of section 101(a)(15)(P)(i)(a), an 
alien is described in this subparagraph if the alien--
            (i)(I) performs as an athlete, individually or as 
        part of a group or team, at an internationally 
        recognized level of performance;
            (II) is a professional athlete, as defined in 
        section 204(i)(2);
            (III) performs as an athlete, or as a coach, as 
        part of a team or franchise that is located in the 
        United States and a member of a foreign league or 
        association of 15 or more amateur sports teams, if--
                    (aa) the foreign league or association is 
                the highest level of amateur performance of 
                that sport in the relevant foreign country;
                    (bb) participation in such league or 
                association renders players ineligible, whether 
                on a temporary or permanent basis, to earn a 
                scholarship in, or participate in, that sport 
                at a college or university in the United States 
                under the rules of the National Collegiate 
                Athletic Association; and
                    (cc) a significant number of the 
                individuals who play in such league or 
                association are drafted by a major sports 
                league or a minor league affiliate of such a 
                sports league; or
            (IV) is a professional athlete or amateur athlete 
        who performs individually or as part of a group in a 
        theatrical ice skating production; and
            (ii) seeks to enter the United States temporarily 
        and solely for the purpose of performing--
                    (I) as such an athlete with respect to a 
                specific athletic competition; or
                    (II) in the case of an individual described 
                in clause (i)(IV), in a specific theatrical ice 
                skating production or tour.
    (B)(i) For purposes of section 101(a)(15)(P)(i)(b), an 
alien is described in this subparagraph if the alien--
            (I) performs with or is an integral and essential 
        part of the performance of an entertainment group that 
        has (except as provided in clause (ii)) been recognized 
        internationally as being outstanding in the discipline 
        for a sustained and substantial period of time,
            (II) in the case of a performer or entertainer, 
        except as provided in clause (iii), has had a sustained 
        and substantial relationship with that group 
        (ordinarily for at least one year) and provides 
        functions integral to the performance of the group, and
            (III) seeks to enter the United States temporarily 
        and solely for the purpose of performing as such a 
        performer or entertainer or as an integral and 
        essential part of a performance.
    (ii) In the case of an entertainment group that is 
recognized nationally as being outstanding in its discipline 
for a sustained and substantial period of time, the Attorney 
General may, in consideration of special circumstances, waive 
the international recognition requirement of clause (i)(I).
    (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
    (II) The Attorney General may waive such one-year 
relationship requirement for an alien who because of illness or 
unanticipated and exigent circumstances replaces an essential 
member of the group and for an alien who augments the group by 
performing a critical role.
    (iv) The requirements of subclauses (I) and (II) of clause 
(i) shall not apply to alien circus personnel who perform as 
part of a circus or circus group or who constitute an integral 
and essential part of the performance of such circus or circus 
group, but only if such personnel are entering the United 
States to join a circus that has been recognized nationally as 
outstanding for a sustained and substantial period of time or 
as part of such a circus.
    (C) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under section 
101(a)(15)(P).
    (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause 
(i) or (iii) of section 101(a)(15)(P) only after consultation 
in accordance with paragraph (6).
    (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 
101(a)(15)(P)(ii) only after consultation with labor 
organizations representing artists and entertainers in the 
United States.
    (F)(i) No nonimmigrant visa under section 
101(a)(15)(P)(i)(a) shall be issued to any alien who is a 
national of a country that is a state sponsor of international 
terrorism unless the Secretary of State determines, in 
consultation with the Secretary of Homeland Security and the 
heads of other appropriate United States agencies, that such 
alien does not pose a threat to the safety, national security, 
or national interest of the United States. In making a 
determination under this subparagraph, the Secretary of State 
shall apply standards developed by the Secretary of State, in 
consultation with the Secretary of Homeland Security and the 
heads of other appropriate United States agencies, that are 
applicable to the nationals of such states.
    (ii) In this subparagraph, the term ``state sponsor of 
international terrorism'' means any country the government of 
which has been determined by the Secretary of State under any 
of the laws specified in clause (iii) to have repeatedly 
provided support for acts of international terrorism.
    (iii) The laws specified in this clause are the following:
            (I) Section 6(j)(1)(A) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or 
        successor statute).
            (II) Section 40(d) of the Arms Export Control Act 
        (22 U.S.C. 2780(d)).
            (III) Section 620A(a) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2371(a)).
    (G) The Secretary of Homeland Security shall permit a 
petition under this subsection to seek classification of more 
than 1 alien as a nonimmigrant under section 
101(a)(15)(P)(i)(a).
    (H) The Secretary of Homeland Security shall permit an 
athlete, or the employer of an athlete, to seek admission to 
the United States for such athlete under a provision of this 
Act other than section 101(a)(15)(P)(i) if the athlete is 
eligible under such other provision.
    (5)(A) In the case of an alien who is provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(H)(ii)(b) and who is dismissed from employment by 
the employer before the end of the period of authorized 
admission, the employer shall be liable for the reasonable 
costs of return transportation of the alien abroad.
    (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the Attorney 
General that the reasonable cost of that transportation will be 
provided.
    (6)(A)(i) To meet the consultation requirement of paragraph 
(3)(A) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(i) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a peer group (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.
    (ii) To meet the consultation requirement of paragraph 
(3)(B) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(ii) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a labor organization with expertise in the skill 
area involved.
    (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the 
petitioner shall submit with the petition an advisory opinion 
from a labor organization with expertise in the specific field 
of athletics or entertainment involved.
    (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
Attorney General shall forward a copy of the petition and all 
supporting documentation to the national office of an 
appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that 
representative shall be the appropriate labor organization.
    (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the Attorney 
General shall adjudicate the petition without requiring an 
advisory opinion.
    (D) Any person or organization receiving a copy of a 
petition described in subparagraph (A) and supporting documents 
shall have no more than 15 days following the date of receipt 
of such documents within which to submit a written advisory 
opinion or comment or to provide a letter of no objection. Once 
the 15-day period has expired and the petitioner has had an 
opportunity, where appropriate, to supply rebuttal evidence, 
the Attorney General shall adjudicate such petition in no more 
than 14 days. The Attorney General may shorten any specified 
time period for emergency reasons if no unreasonable burden 
would be thus imposed on any participant in the process.
    (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
artists or entertainers described in section 101(a)(15)(O) or 
101(a)(15)(P) to accommodate the exigencies and scheduling of a 
given production or event.
    (ii) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
athletes described in section 101(a)(15)(O)(i) or 
101(a)(15)(P)(i) in the case of emergency circumstances 
(including trades during a season).
    (F) No consultation required under this subsection by the 
Attorney General with a nongovernmental entity shall be 
construed as permitting the Attorney General to delegate any 
authority under this subsection to such an entity. The Attorney 
General shall give such weight to advisory opinions provided 
under this section as the Attorney General determines, in his 
sole discretion, to be appropriate.
    (7) If a petition is filed and denied under this 
subsection, the Attorney General shall notify the petitioner of 
the determination and the reasons for the denial and of the 
process by which the petitioner may appeal the determination.
    (8) The Attorney General shall submit annually to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report describing, with respect to petitions 
under each subcategory of subparagraphs (H), (O), (P), and (Q) 
of section 101(a)(15) the following:
            (A) The number of such petitions which have been 
        filed.
            (B) The number of such petitions which have been 
        approved and the number of workers (by occupation) 
        included in such approved petitions.
            (C) The number of such petitions which have been 
        denied and the number of workers (by occupation) 
        requested in such denied petitions.
            (D) The number of such petitions which have been 
        withdrawn.
            (E) The number of such petitions which are awaiting 
        final action.
    (9)(A) The Attorney General shall impose a fee on an 
employer (excluding any employer that is a primary or secondary 
education institution, an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated 
with any such institution, a nonprofit entity which engages in 
established curriculum-related clinical training of students 
registered at any such institution, a nonprofit research 
organization, or a governmental research organization) filing 
before a petition under paragraph (1)--
            (i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b);
            (ii) to extend the stay of an alien having such 
        status (unless the employer previously has obtained an 
        extension for such alien); or
            (iii) to obtain authorization for an alien having 
        such status to change employers.
    (B) The amount of the fee shall be $1,500 for each such 
petition except that the fee shall be half the amount for each 
such petition by any employer with not more than 25 full-time 
equivalent employees who are employed in the United States 
(determined by including any affiliate or subsidiary of such 
employer).
    (C) Fees collected under this paragraph shall be deposited 
in the Treasury in accordance with section 286(s).
            (10) An amended H-1B petition shall not be required 
        where the petitioning employer is involved in a 
        corporate restructuring, including but not limited to a 
        merger, acquisition, or consolidation, where a new 
        corporate entity succeeds to the interests and 
        obligations of the original petitioning employer and 
        where the terms and conditions of employment remain the 
        same but for the identity of the petitioner.
    (11)(A) Subject to subparagraph (B), the Secretary of 
Homeland Security or the Secretary of State, as appropriate, 
shall impose a fee on an employer who has filed an attestation 
described in section 212(t)--
            (i) in order that an alien may be initially granted 
        nonimmigrant status described in section 
        101(a)(15)(H)(i)(b1); or
            (ii) in order to satisfy the requirement of the 
        second sentence of subsection (g)(8)(C) for an alien 
        having such status to obtain certain extensions of 
        stay.
    (B) The amount of the fee shall be the same as the amount 
imposed by the Secretary of Homeland Security under paragraph 
(9), except that if such paragraph does not authorize such 
Secretary to impose any fee, no fee shall be imposed under this 
paragraph.
    (C) Fees collected under this paragraph shall be deposited 
in the Treasury in accordance with section 286(s).
    (12)(A) In addition to any other fees authorized by law, 
the Secretary of Homeland Security shall impose a fraud 
prevention and detection fee on an employer filing a petition 
under paragraph (1)--
            (i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
            (ii) to obtain authorization for an alien having 
        such status to change employers.
    (B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and 
detection fee on an alien filing an application abroad for a 
visa authorizing admission to the United States as a 
nonimmigrant described in section 101(a)(15)(L), if the alien 
is covered under a blanket petition described in paragraph 
(2)(A).
    (C) The amount of the fee imposed under subparagraph (A) or 
(B) shall be $500.
    (D) The fee imposed under subparagraph (A) or (B) shall 
only apply to principal aliens and not to the spouses or 
children who are accompanying or following to join such 
principal aliens.
    (E) Fees collected under this paragraph shall be deposited 
in the Treasury in accordance with section 286(v).
    (13)(A) In addition to any other fees authorized by law, 
the Secretary of Homeland Security shall impose a fraud 
prevention and detection fee on an employer filing a petition 
under paragraph (1) for nonimmigrant workers described in 
section 101(a)(15)(H)(ii)(b).
    (B) The amount of the fee imposed under subparagraph (A) 
shall be $150.
    (14)(A) If the Secretary of Homeland Security finds, after 
notice and an opportunity for a hearing, a substantial failure 
to meet any of the conditions of the petition to admit or 
otherwise provide status to a nonimmigrant worker under section 
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a 
material fact in such petition--
            (i) the Secretary of Homeland Security may, in 
        addition to any other remedy authorized by law, impose 
        such administrative remedies (including civil monetary 
        penalties in an amount not to exceed $10,000 per 
        violation) as the Secretary of Homeland Security 
        determines to be appropriate; and
            (ii) the Secretary of Homeland Security may deny 
        petitions filed with respect to that employer under 
        section 204 or paragraph (1) of this subsection during 
        a period of at least 1 year but not more than 5 years 
        for aliens to be employed by the employer.
    (B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of 
Labor, any of the authority given to the Secretary of Homeland 
Security under subparagraph (A)(i).
    (C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for willful failures to meet any of the conditions of the 
petition that involve harm to United States workers.
    (D) In this paragraph, the term ``substantial failure'' 
means the willful failure to comply with the requirements of 
this section that constitutes a significant deviation from the 
terms and conditions of a petition.
    (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Secretary 
of Homeland Security. The petition shall be in such form and 
contain such information as the Secretary of Homeland Security 
shall, by regulation, prescribe. Such information shall include 
information on any criminal convictions of the petitioner for 
any specified crime described in paragraph (3)(B) and 
information on any permanent protection or restraining order 
issued against the petitioner related to any specified crime 
described in paragraph (3)(B)(i). It shall be approved only 
after satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Secretary of Homeland Security in his 
discretion may waive the requirement that the parties have 
previously met in person. In the event the marriage with the 
petitioner does not occur within three months after the 
admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to 
do so shall be removed in accordance with sections 240 and 241.
    (2)(A) Subject to subparagraphs (B) and (C), the Secretary 
of Homeland Security may not approve a petition under paragraph 
(1) unless the Secretary has verified that--
            (i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect 
        to two or more applying aliens; and
            (ii) if the petitioner has had such a petition 
        previously approved, 2 years have elapsed since the 
        filing of such previously approved petition.
    (B) The Secretary of Homeland Security may, in the 
Secretary's discretion, waive the limitations in subparagraph 
(A) if justification exists for such a waiver. Except in 
extraordinary circumstances and subject to subparagraph (C), 
such a waiver shall not be granted if the petitioner has a 
record of violent criminal offenses against a person or 
persons.
    (C)(i) The Secretary of Homeland Security is not limited by 
the criminal court record and shall grant a waiver of the 
condition described in the second sentence of subparagraph (B) 
in the case of a petitioner described in clause (ii).
    (ii) A petitioner described in this clause is a petitioner 
who has been battered or subjected to extreme cruelty and who 
is or was not the primary perpetrator of violence in the 
relationship upon a determination that--
            (I) the petitioner was acting in self-defense;
            (II) the petitioner was found to have violated a 
        protection order intended to protect the petitioner; or
            (III) the petitioner committed, was arrested for, 
        was convicted of, or pled guilty to committing a crime 
        that did not result in serious bodily injury and where 
        there was a connection between the crime and the 
        petitioner's having been battered or subjected to 
        extreme cruelty.
    (iii) In acting on applications under this subparagraph, 
the Secretary of Homeland Security shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence 
shall be within the sole discretion of the Secretary.
    (3) In this subsection:
            (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
            (B) The term ``specified crime'' means the 
        following:
                    (i) Domestic violence, sexual assault, 
                child abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                    (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                    (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.
    (e)(1) Notwithstanding any other provision of this Act, an 
alien who is a citizen of Canada and seeks to enter the United 
States under and pursuant to the provisions of Annex 1502.1 
(United States of America), Part C--Professionals, of the 
United States-Canada Free-Trade Agreement to engage in business 
activities at a professional level as provided for therein may 
be admitted for such purpose under regulations of the Attorney 
General promulgated after consultation with the Secretaries of 
State and Labor.
    (2) An alien who is a citizen of Canada or Mexico, and the 
spouse and children of any such alien if accompanying or 
following to join such alien, who seeks to enter the United 
States under and pursuant to the provisions of Section D of 
Annex 1603 of the North American Free Trade Agreement (in this 
subsection referred to as ``NAFTA'') to engage in business 
activities at a professional level as provided for in such 
Annex, may be admitted for such purpose under regulations of 
the Attorney General promulgated after consultation with the 
Secretaries of State and Labor. For purposes of this Act, 
including the issuance of entry documents and the application 
of subsection (b), such alien shall be treated as if seeking 
classification, or classifiable, as a nonimmigrant under 
section 101(a)(15). The admission of an alien who is a citizen 
of Mexico shall be subject to paragraphs (3), (4), and (5). For 
purposes of this paragraph and paragraphs (3), (4), and (5), 
the term ``citizen of Mexico'' means ``citizen'' as defined in 
Annex 1608 of NAFTA.
    (3) The Attorney General shall establish an annual 
numerical limit on admissions under paragraph (2) of aliens who 
are citizens of Mexico, as set forth in Appendix 1603.D.4 of 
Annex 1603 of the NAFTA. Subject to paragraph (4), the annual 
numerical limit--
            (A) beginning with the second year that NAFTA is in 
        force, may be increased in accordance with the 
        provisions of paragraph 5(a) of Section D of such 
        Annex, and
            (B) shall cease to apply as provided for in 
        paragraph 3 of such Appendix.
    (4) The annual numerical limit referred to in paragraph (3) 
may be increased or shall cease to apply (other than by 
operation of paragraph 3 of such Appendix) only if--
            (A) the President has obtained advice regarding the 
        proposed action from the appropriate advisory 
        committees established under section 135 of the Trade 
        Act of 1974 (19 U.S.C. 2155);
            (B) the President has submitted a report to the 
        Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of 
        Representatives that sets forth--
                    (i) the action proposed to be taken and the 
                reasons therefor, and
                    (ii) the advice obtained under subparagraph 
                (A);
            (C) a period of at least 60 calendar days that 
        begins on the first day on which the President has met 
        the requirements of subparagraphs (A) and (B) with 
        respect to such action has expired; and
            (D) the President has consulted with such 
        committees regarding the proposed action during the 
        period referred to in subparagraph (C).
    (5) During the period that the provisions of Appendix 
1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an 
alien who is a citizen of Mexico under and pursuant to the 
provisions of Section D of Annex 1603 of NAFTA shall be subject 
to the attestation requirement of section 212(m), in the case 
of a registered nurse, or the application requirement of 
section 212(n), in the case of all other professions set out in 
Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition 
requirement of subsection (c), to the extent and in the manner 
prescribed in regulations promulgated by the Secretary of 
Labor, with respect to sections 212(m) and 212(n), and the 
Attorney General, with respect to subsection (c).
    (6) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
    (f)(1) Except as provided in paragraph (3), no alien shall 
be entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49, United States Code) during a labor 
dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service.
    (2) An alien described in paragraph (1)--
            (A) may not be paroled into the United States 
        pursuant to section 212(d)(5) unless the Attorney 
        General determines that the parole of such alien is 
        necessary to protect the national security of the 
        United States; and
            (B) shall be considered not to be a bona fide 
        crewman for purposes of section 252(b).
    (3) Paragraph (1) shall not apply to an alien if the air 
carrier or owner or operator of such vessel that employs the 
alien provides documentation that satisfies the Attorney 
General that the alien--
            (A) has been an employee of such employer for a 
        period of not less than 1 year preceding the date that 
        a strike or lawful lockout commenced;
            (B) has served as a qualified crewman for such 
        employer at least once in each of 3 months during the 
        12-month period preceding such date; and
            (C) shall continue to provide the same services 
        that such alien provided as such a crewman.
    (g)(1) The total number of aliens who may be issued visas 
or otherwise provided nonimmigrant status during any fiscal 
year (beginning with fiscal year 1992)--
            (A) under section 101(a)(15)(H)(i)(b), may not 
        exceed--
                    (i) 65,000 in each fiscal year before 
                fiscal year 1999;
                    (ii) 115,000 in fiscal year 1999;
                    (iii) 115,000 in fiscal year 2000;
                    (iv) 195,000 in fiscal year 2001;
                    (v) 195,000 in fiscal year 2002;
                    (vi) 195,000 in fiscal year 2003; and
                    (vii) 65,000 in each succeeding fiscal 
                year; or
            (B) under section 101(a)(15)(H)(ii)(b) may not 
        exceed 66,000.
    (2) The numerical limitations of paragraph (1) shall only 
apply to principal aliens and not to the spouses or children of 
such aliens.
    (3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided 
nonimmigrant status) in the order in which petitions are filed 
for such visas or status. If an alien who was issued a visa or 
otherwise provided nonimmigrant status and counted against the 
numerical limitations of paragraph (1) is found to have been 
issued such visa or otherwise provided such status by fraud or 
willfully misrepresenting a material fact and such visa or 
nonimmigrant status is revoked, then one number shall be 
restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical 
limitations of paragraph (1) in the fiscal year in which the 
petition is revoked, regardless of the fiscal year in which the 
petition was approved.
    (4) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(b), the period of authorized admission as such 
a nonimmigrant may not exceed 6 years.
    (5) The numerical limitations contained in paragraph (1)(A) 
shall not apply to any nonimmigrant alien issued a visa or 
otherwise provided status under section 101(a)(15)(H)(i)(b) 
who--
            (A) is employed (or has received an offer of 
        employment) at an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a))), or a related or 
        affiliated nonprofit entity;
            (B) is employed (or has received an offer of 
        employment) at a nonprofit research organization or a 
        governmental research organization; or
            (C) has earned a master's or higher degree from a 
        United States institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a)), until the number of aliens 
        who are exempted from such numerical limitation during 
        such year exceeds 20,000.
    (6) Any alien who ceases to be employed by an employer 
described in paragraph (5)(A) shall, if employed as a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
who has not previously been counted toward the numerical 
limitations contained in paragraph (1)(A), be counted toward 
those limitations the first time the alien is employed by an 
employer other than one described in paragraph (5).
    (7) Any alien who has already been counted, within the 6 
years prior to the approval of a petition described in 
subsection (c), toward the numerical limitations of paragraph 
(1)(A) shall not again be counted toward those limitations 
unless the alien would be eligible for a full 6 years of 
authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall 
be counted only once.
    (8)(A) The agreements referred to in section 
101(a)(15)(H)(i)(b1) are--
            (i) the United States-Chile Free Trade Agreement; 
        and
            (ii) the United States-Singapore Free Trade 
        Agreement.
    (B)(i) The Secretary of Homeland Security shall establish 
annual numerical limitations on approvals of initial 
applications by aliens for admission under section 
101(a)(15)(H)(i)(b1).
    (ii) The annual numerical limitations described in clause 
(i) shall not exceed--
            (I) 1,400 for nationals of Chile (as defined in 
        article 14.9 of the United States-Chile Free Trade 
        Agreement) for any fiscal year; and
            (II) 5,400 for nationals of Singapore (as defined 
        in Annex 1A of the United States-Singapore Free Trade 
        Agreement) for any fiscal year.
    (iii) The annual numerical limitations described in clause 
(i) shall only apply to principal aliens and not to the spouses 
or children of such aliens.
    (iv) The annual numerical limitation described in paragraph 
(1)(A) is reduced by the amount of the annual numerical 
limitations established under clause (i). However, if a 
numerical limitation established under clause (i) has not been 
exhausted at the end of a given fiscal year, the Secretary of 
Homeland Security shall adjust upwards the numerical limitation 
in paragraph (1)(A) for that fiscal year by the amount 
remaining in the numerical limitation under clause (i). Visas 
under section 101(a)(15)(H)(i)(b) may be issued pursuant to 
such adjustment within the first 45 days of the next fiscal 
year to aliens who had applied for such visas during the fiscal 
year for which the adjustment was made.
    (C) The period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be 
extended, but only in 1-year increments. After every second 
extension, the next following extension shall not be granted 
unless the Secretary of Labor had determined and certified to 
the Secretary of Homeland Security and the Secretary of State 
that the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1) for the purpose of 
permitting the nonimmigrant to obtain such extension.
    (D) The numerical limitation described in paragraph (1)(A) 
for a fiscal year shall be reduced by one for each alien 
granted an extension under subparagraph (C) during such year 
who has obtained 5 or more consecutive prior extensions.
    (9)(A) Subject to subparagraphs (B) and (C), an alien who 
has already been counted toward the numerical limitation of 
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall 
not again be counted toward such limitation during fiscal year 
2016. Such an alien shall be considered a returning worker.
    (B) A petition to admit or otherwise provide status under 
section 101(a)(15)(H)(ii)(b) shall include, with respect to a 
returning worker--
            (i) all information and evidence that the Secretary 
        of Homeland Security determines is required to support 
        a petition for status under section 
        101(a)(15)(H)(ii)(b);
            (ii) the full name of the alien; and
            (iii) a certification to the Department of Homeland 
        Security that the alien is a returning worker.
    (C) An H-2B visa or grant of nonimmigrant status for a 
returning worker shall be approved only if the alien is 
confirmed to be a returning worker by--
            (i) the Department of State; or
            (ii) if the alien is visa exempt or seeking to 
        change to status under section 101 (a)(15)(H)(ii)(b), 
        the Department of Homeland Security.
    (10) The numerical limitations of paragraph (1)(B) shall be 
allocated for a fiscal year so that the total number of aliens 
subject to such numerical limits who enter the United States 
pursuant to a visa or are accorded nonimmigrant status under 
section 101(a)(15)(H)(ii)(b) during the first 6 months of such 
fiscal year is not more than 33,000.
    (11)(A) The Secretary of State may not approve a number of 
initial applications submitted for aliens described in section 
101(a)(15)(E)(iii) that is more than the applicable numerical 
limitation set out in this paragraph.
    (B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
    (C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not 
to the spouses or children of such aliens.
    (h) The fact that an alien is the beneficiary of an 
application for a preference status filed under section 204 or 
has otherwise sought permanent residence in the United States 
shall not constitute evidence of an intention to abandon a 
foreign residence for purposes of obtaining a visa as a 
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), 
or (V) of section 101(a)(15) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status 
under section 248 to a classification as such a nonimmigrant 
before the alien's most recent departure from the United 
States.
    (i)(1) Except as provided in paragraph (3), for purposes of 
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
paragraph (2), the term ``specialty occupation'' means an 
occupation that requires--
            (A) theoretical and practical application of a body 
        of highly specialized knowledge, and
            (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
    (2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements of this paragraph, with respect to a specialty 
occupation, are--
            (A) full state licensure to practice in the 
        occupation, if such licensure is required to practice 
        in the occupation,
            (B) completion of the degree described in paragraph 
        (1)(B) for the occupation, or
            (C)(i) experience in the specialty equivalent to 
        the completion of such degree, and (ii) recognition of 
        expertise in the specialty through progressively 
        responsible positions relating to the specialty.
    (3) For purposes of section 101(a)(15)(H)(i)(b1), the term 
``specialty occupation'' means an occupation that requires--
            (A) theoretical and practical application of a body 
        of specialized knowledge; and
            (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
    (j)(1) Notwithstanding any other provision of this Act, an 
alien who is a citizen of Canada or Mexico who seeks to enter 
the United States under and pursuant to the provisions of 
Section B, Section C, or Section D of Annex 1603 of the North 
American Free Trade Agreement, shall not be classified as a 
nonimmigrant under such provisions if there is in progress a 
strike or lockout in the course of a labor dispute in the 
occupational classification at the place or intended place of 
employment, unless such alien establishes, pursuant to 
regulations promulgated by the Attorney General, that the 
alien's entry will not affect adversely the settlement of the 
strike or lockout or the employment of any person who is 
involved in the strike or lockout. Notice of a determination 
under this paragraph shall be given as may be required by 
paragraph 3 of article 1603 of such Agreement. For purposes of 
this paragraph, the term ``citizen of Mexico'' means 
``citizen'' as defined in Annex 1608 of such Agreement.
    (2) Notwithstanding any other provision of this Act except 
section 212(t)(1), and subject to regulations promulgated by 
the Secretary of Homeland Security, an alien who seeks to enter 
the United States under and pursuant to the provisions of an 
agreement listed in subsection (g)(8)(A), and the spouse and 
children of such an alien if accompanying or following to join 
the alien, may be denied admission as a nonimmigrant under 
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if 
there is in progress a labor dispute in the occupational 
classification at the place or intended place of employment, 
unless such alien establishes, pursuant to regulations 
promulgated by the Secretary of Homeland Security after 
consultation with the Secretary of Labor, that the alien's 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved in the 
labor dispute. Notice of a determination under this paragraph 
shall be given as may be required by such agreement.
    (k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed 200. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any 
fiscal year may not exceed 50.
    (2) The period of admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be 
extended by the Attorney General.
    (3) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
            (A) shall report not less often than quarterly to 
        the Attorney General such information concerning the 
        alien's whereabouts and activities as the Attorney 
        General may require;
            (B) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more 
        after the date of such admission;
            (C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the 
        basis of an application for withholding of removal, any 
        action for removal of the alien instituted before the 
        alien obtains lawful permanent resident status; and
            (D) shall abide by any other condition, limitation, 
        or restriction imposed by the Attorney General.
    (4) The Attorney General shall submit a report annually to 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning--
            (A) the number of such nonimmigrants admitted;
            (B) the number of successful criminal prosecutions 
        or investigations resulting from cooperation of such 
        aliens;
            (C) the number of terrorist acts prevented or 
        frustrated resulting from cooperation of such aliens;
            (D) the number of such nonimmigrants whose 
        admission or cooperation has not resulted in successful 
        criminal prosecution or investigation or the prevention 
        or frustration of a terrorist act; and
            (E) the number of such nonimmigrants who have 
        failed to report quarterly (as required under paragraph 
        (3)) or who have been convicted of crimes in the United 
        States after the date of their admission as such a 
        nonimmigrant.
    (l)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
            (A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, 
        the government of such country furnishes the Director 
        of the United States Information Agency with a 
        statement in writing that it has no objection to such 
        waiver;
            (B) in the case of a request by an interested State 
        agency, the grant of such waiver would not cause the 
        number of waivers allotted for that State for that 
        fiscal year to exceed 30;
            (C) in the case of a request by an interested 
        Federal agency or by an interested State agency--
                    (i) the alien demonstrates a bona fide 
                offer of full-time employment at a health 
                facility or health care organization, which 
                employment has been determined by the Attorney 
                General to be in the public interest; and
                    (ii) the alien agrees to begin employment 
                with the health facility or health care 
                organization within 90 days of receiving such 
                waiver, and agrees to continue to work for a 
                total of not less than 3 years (unless the 
                Attorney General determines that extenuating 
                circumstances exist, such as closure of the 
                facility or hardship to the alien, which would 
                justify a lesser period of employment at such 
                health facility or health care organization, in 
                which case the alien must demonstrate another 
                bona fide offer of employment at a health 
                facility or health care organization for the 
                remainder of such 3-year period); and
            (D) in the case of a request by an interested 
        Federal agency (other than a request by an interested 
        Federal agency to employ the alien full-time in medical 
        research or training) or by an interested State agency, 
        the alien agrees to practice primary care or specialty 
        medicine in accordance with paragraph (2) for a total 
        of not less than 3 years only in the geographic area or 
        areas which are designated by the Secretary of Health 
        and Human Services as having a shortage of health care 
        professionals, except that--
                    (i) in the case of a request by the 
                Department of Veterans Affairs, the alien shall 
                not be required to practice medicine in a 
                geographic area designated by the Secretary;
                    (ii) in the case of a request by an 
                interested State agency, the head of such State 
                agency determines that the alien is to practice 
                medicine under such agreement in a facility 
                that serves patients who reside in one or more 
                geographic areas so designated by the Secretary 
                of Health and Human Services (without regard to 
                whether such facility is located within such a 
                designated geographic area), and the grant of 
                such waiver would not cause the number of the 
                waivers granted on behalf of aliens for such 
                State for a fiscal year (within the limitation 
                in subparagraph (B)) in accordance with the 
                conditions of this clause to exceed 10; and
                    (iii) in the case of a request by an 
                interested Federal agency or by an interested 
                State agency for a waiver for an alien who 
                agrees to practice specialty medicine in a 
                facility located in a geographic area so 
                designated by the Secretary of Health and Human 
                Services, the request shall demonstrate, based 
                on criteria established by such agency, that 
                there is a shortage of health care 
                professionals able to provide services in the 
                appropriate medical specialty to the patients 
                who will be served by the alien.
            (2)(A) Notwithstanding section 248(a)(2), the 
        Attorney General may change the status of an alien who 
        qualifies under this subsection and section 212(e) to 
        that of an alien described in section 
        101(a)(15)(H)(i)(b). The numerical limitations 
        contained in subsection (g)(1)(A) shall not apply to 
        any alien whose status is changed under the preceding 
        sentence, if the alien obtained a waiver of the 2-year 
        foreign residence requirement upon a request by an 
        interested Federal agency or an interested State 
        agency.
            (B) No person who has obtained a change of status 
        under subparagraph (A) and who has failed to fulfill 
        the terms of the contract with the health facility or 
        health care organization named in the waiver 
        application shall be eligible to apply for an immigrant 
        visa, for permanent residence, or for any other change 
        of nonimmigrant status, until it is established that 
        such person has resided and been physically present in 
        the country of his nationality or his last residence 
        for an aggregate of at least 2 years following 
        departure from the United States.
            (3) Notwithstanding any other provision of this 
        subsection, the 2-year foreign residence requirement 
        under section 212(e) shall apply with respect to an 
        alien described in clause (iii) of such section, who 
        has not otherwise been accorded status under section 
        101(a)(27)(H), if--
                    (A) at any time the alien ceases to comply 
                with any agreement entered into under 
                subparagraph (C) or (D) of paragraph (1); or
                    (B) the alien's employment ceases to 
                benefit the public interest at any time during 
                the 3-year period described in paragraph 
                (1)(C).
    (m)(1) An alien may not be accorded status as a 
nonimmigrant under clause (i) or (iii) of section 101(a)(15)(F) 
in order to pursue a course of study--
            (A) at a public elementary school or in a publicly 
        funded adult education program; or
            (B) at a public secondary school unless--
                    (i) the aggregate period of such status at 
                such a school does not exceed 12 months with 
                respect to any alien, and (ii) the alien 
                demonstrates that the alien has reimbursed the 
                local educational agency that administers the 
                school for the full, unsubsidized per capita 
                cost of providing education at such school for 
                the period of the alien's attendance.
    (2) An alien who obtains the status of a nonimmigrant under 
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 
a course of study at a private elementary or secondary school 
or in a language training program that is not publicly funded 
shall be considered to have violated such status, and the 
alien's visa under section 101(a)(15)(F) shall be void, if the 
alien terminates or abandons such course of study at such a 
school and undertakes a course of study at a public elementary 
school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or 
at a public secondary school (unless the requirements of 
paragraph (1)(B) are met).
    (n)(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) is authorized to 
accept new employment 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 Attorney General; and
            (C) who, subsequent to such lawful admission, has 
        not been employed without authorization in the United 
        States before the filing of such petition.
    (o)(1) No alien shall be eligible for admission to the 
United States under section 101(a)(15)(T) if there is 
substantial reason to believe that the alien has committed an 
act of a severe form of trafficking in persons (as defined in 
section 103 of the Trafficking Victims Protection Act of 2000).
    (2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
    (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
    (4) An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 101(a)(15)(T)(i), 
and who was under 21 years of age on the date on which such 
parent applied for such status, shall continue to be classified 
as a child for purposes of section 101(a)(15)(T)(ii), if the 
alien attains 21 years of age after such parent's application 
was filed but while it was pending.
    (5) An alien described in clause (i) of section 
101(a)(15)(T) shall continue to be treated as an alien 
described in clause (ii)(I) of such section if the alien 
attains 21 years of age after the alien's application for 
status under such clause (i) is filed but while it is pending.
    (6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements 
from State and local law enforcement officials that the alien 
has complied with any reasonable request for assistance in the 
investigation or prosecution of crimes such as kidnapping, 
rape, slavery, or other forced labor offenses, where severe 
forms of trafficking in persons (as defined in section 103 of 
the Trafficking Victims Protection Act of 2000) appear to have 
been involved, shall be considered.
    (7)(A) Except as provided in subparagraph (B), an alien who 
is issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(T) may be granted such status for a 
period of not more than 4 years.
    (B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the 
period of such status beyond the period described in 
subparagraph (A) if--
            (i) a Federal, State, or local law enforcement 
        official, prosecutor, judge, or other authority 
        investigating or prosecuting activity relating to human 
        trafficking or certifies that the presence of the alien 
        in the United States is necessary to assist in the 
        investigation or prosecution of such activity;
            (ii) the alien is eligible for relief under section 
        245(l) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section; or
            (iii) the Secretary of Homeland Security determines 
        that an extension of the period of such nonimmigrant 
        status is warranted due to exceptional circumstances.
    (C) Nonimmigrant status under section 101(a)(15)(T) shall 
be extended during the pendency of an application for 
adjustment of status under section 245(l).
    (p) Requirements Applicable to Section 101(a)(15)(U) 
Visas.--
            (1) Petitioning procedures for section 
        101(a)(15)(u) visas.--The petition filed by an alien 
        under section 101(a)(15)(U)(i) shall contain a 
        certification from a Federal, State, or local law 
        enforcement official, prosecutor, judge, or other 
        Federal, State, or local authority investigating 
        criminal activity described in section 
        101(a)(15)(U)(iii). This certification may also be 
        provided by an official of the Service whose ability to 
        provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been 
        helpful, is being helpful, or is likely to be helpful'' 
        in the investigation or prosecution of criminal 
        activity described in section 101(a)(15)(U)(iii).
            (2) Numerical limitations.--
                    (A) The number of aliens who may be issued 
                visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(U) in 
                any fiscal year shall not exceed 10,000.
                    (B) The numerical limitations in 
                subparagraph (A) shall only apply to principal 
                aliens described in section 101(a)(15)(U)(i), 
                and not to spouses, children, or, in the case 
                of alien children, the alien parents of such 
                children.
            (3) Duties of the attorney general with respect to 
        ``u'' visa nonimmigrants.--With respect to nonimmigrant 
        aliens described in subsection (a)(15)(U)--
                    (A) the Attorney General and other 
                government officials, where appropriate, shall 
                provide those aliens with referrals to 
                nongovernmental organizations to advise the 
                aliens regarding their options while in the 
                United States and the resources available to 
                them; and
                    (B) the Attorney General shall, during the 
                period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
            (4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
            (5) Nonexclusive relief.--Nothing in this 
        subsection limits the ability of aliens who qualify for 
        status under section 101(a)(15)(U) to seek any other 
        immigration benefit or status for which the alien may 
        be eligible.
            (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        101(a)(15)(U) shall be for a period of not more than 4 
        years, but shall be extended upon certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating or prosecuting criminal 
        activity described in section 101(a)(15)(U)(iii) that 
        the alien's presence in the United States is required 
        to assist in the investigation or prosecution of such 
        criminal activity. The Secretary of Homeland Security 
        may extend, beyond the 4-year period authorized under 
        this section, the authorized period of status of an 
        alien as a nonimmigrant under section 101(a)(15)(U) if 
        the Secretary determines that an extension of such 
        period is warranted due to exceptional circumstances. 
        Such alien's nonimmigrant status shall be extended 
        beyond the 4-year period authorized under this section 
        if the alien is eligible for relief under section 
        245(m) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section and shall be extended during the pendency of an 
        application for adjustment of status under section 
        245(m). The Secretary may grant work authorization to 
        any alien who has a pending, bona fide application for 
        nonimmigrant status under section 101(a)(15)(U).
            (7) Age determinations.--
                    (A) Children.--An unmarried alien who seeks 
                to accompany, or follow to join, a parent 
                granted status under section 101(a)(15)(U)(i), 
                and who was under 21 years of age on the date 
                on which such parent petitioned for such 
                status, shall continue to be classified as a 
                child for purposes of section 
                101(a)(15)(U)(ii), if the alien attains 21 
                years of age after such parent's petition was 
                filed but while it was pending.
                    (B) Principal aliens.--An alien described 
                in clause (i) of section 101(a)(15)(U) shall 
                continue to be treated as an alien described in 
                clause (ii)(I) of such section if the alien 
                attains 21 years of age after the alien's 
                application for status under such clause (i) is 
                filed but while it is pending.
    (q)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
            (A) the Attorney General shall authorize the alien 
        to engage in employment in the United States during the 
        period of authorized admission and shall provide the 
        alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment; and
            (B) the period of authorized admission as such a 
        nonimmigrant shall terminate 30 days after the date on 
        which any of the following is denied:
                    (i) The petition filed under section 204 to 
                accord the alien a status under section 
                203(a)(2)(A) (or, in the case of a child 
                granted nonimmigrant status based on 
                eligibility to receive a visa under section 
                203(d), the petition filed to accord the 
                child's parent a status under section 
                203(a)(2)(A)).
                    (ii) The alien's application for an 
                immigrant visa pursuant to the approval of such 
                petition.
                    (iii) The alien's application for 
                adjustment of status under section 245 pursuant 
                to the approval of such petition.
    (2) In determining whether an alien is eligible to be 
admitted to the United States as a nonimmigrant under section 
101(a)(15)(V), the grounds for inadmissibility specified in 
section 212(a)(9)(B) shall not apply.
    (3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the 
discretion of the Attorney General and under such regulations 
as the Attorney General may prescribe, to that of a 
nonimmigrant under section 101(a)(15)(V), if the alien--
            (A) applies for such adjustment;
            (B) satisfies the requirements of such section; and
            (C) is eligible to be admitted to the United 
        States, except in determining such admissibility, the 
        grounds for inadmissibility specified in paragraphs 
        (6)(A), (7), and (9)(B) of section 212(a) shall not 
        apply.
    (r)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(ii) until the consular officer has 
received a petition filed in the United States by the spouse of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. Such 
information shall include information on any criminal 
convictions of the petitioner for any specified crime described 
in paragraph (5)(B) and information on any permanent protection 
or restraining order issued against the petitioner related to 
any specified crime described in subsection (5)(B)(i).
    (2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of 
the United States outside the United States, the alien shall be 
considered inadmissible under section 212(a)(7)(B) if the alien 
is not at the time of application for admission in possession 
of a valid nonimmigrant visa issued by a consular officer in 
the foreign state in which the marriage was concluded.
    (3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a 
nonimmigrant, the period of authorized admission shall 
terminate 30 days after the date on which any of the following 
is denied:
            (A) The petition filed under section 204 to accord 
        the principal alien status under section 
        201(b)(2)(A)(i).
            (B) The principal alien's application for an 
        immigrant visa pursuant to the approval of such 
        petition.
            (C) The principal alien's application for 
        adjustment of status under section 245 pursuant to the 
        approval of such petition.
    (4)(A) The Secretary of Homeland Security shall create a 
database for the purpose of tracking multiple visa petitions 
filed for fiance(e)s and spouses under clauses (i) and (ii) of 
section 101(a)(15)(K). Upon approval of a second visa petition 
under section 101(a)(15)(K) for a fiance(e) or spouse filed by 
the same United States citizen petitioner, the petitioner shall 
be notified by the Secretary that information concerning the 
petitioner has been entered into the multiple visa petition 
tracking database. All subsequent fiance(e) or spouse 
nonimmigrant visa petitions filed by that petitioner under such 
section shall be entered in the database.
    (B)(i) Once a petitioner has had two fiance(e) or spousal 
petitions approved under clause (i) or (ii) of section 
101(a)(15)(K), if a subsequent petition is filed under such 
section less than 10 years after the date the first visa 
petition was filed under such section, the Secretary of 
Homeland Security shall notify both the petitioner and 
beneficiary of any such subsequent petition about the number of 
previously approved fiance(e) or spousal petitions listed in 
the database.
    (ii) To notify the beneficiary as required by clause (i), 
the Secretary of Homeland Security shall provide such notice to 
the Secretary of State for inclusion in the mailing to the 
beneficiary described in section 833(a)(5)(A)(i) of the 
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(a)(5)(A)(i)).
    (5) In this subsection:
            (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
            (B) The term ``specified crime'' means the 
        following:
                    (i) Domestic violence, sexual assault, 
                child abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                    (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                    (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.

           *       *       *       *       *       *       *

                                  [all]
```