59–006 

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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
2 

1Section 101(a)(15)(O)(i) of the Immigration and Nationality Act (INA). 

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

An O-2 visa is a temporary visa for an alien who: 

(I) seeks 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) is an integral part of such actual performance, [and] 

(III) (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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
3 

2Section 101(a)(15)(O)(ii) of the INA. 

3See USCIS, U.S. Department of Homeland Security (DHS), USCIS Responses to Questions 

from Chairman Goodlatte and Ranking Member Conyers at 1 (July 23, 2014). 4See 8 C.F.R. sec. 214.2(o)(5)(i). 5See section 214(c)(3) & (6) of the INA. 6See 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). 8Section 214(c)(6)(A)(i) of the INA. 

9Section 214(c)(6)(A)(ii) of the INA. 

10Section 214(c)(3)(A) of the INA (for O-1 visas, with similar standards for O-2 visas (see sec- tion 214(c)(3)(B) of the INA). 11Section 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. . . .’’). 

(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

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

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

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

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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
4 

12 8 C.F.R. sec. 214.2(o)(5)(ii)(A), (iii), (iv). 

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

In addition, USCIS regulations provide that ‘‘[i]n those cases 

where it is established by the petitioner that an appropriate peer 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
5 

13 8 C.F.R. sec. 214.2(o)(5)(i)(G). 14 USCIS Responses to Questions from Chairman Goodlatte and Ranking Member Conyers at 

3. 15 Id. at 1. 16 Id. at 2. 17Letter from Matthew Bowers, Assistant General Counsel, DGA, to Mallory Hurteau, USCIS, 

DHS at 1 (Feb. 22, 2013). 18DGA, Abuse of ‘‘O’’ Visa Program Jeopardizes Jobs in the Motion Picture Industry. 

group, including a labor organization, does not exist, the Service 

shall render a decision on the evidence of record.’’ 13

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

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

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

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

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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
6 

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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
7 

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. 

§ 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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
8 

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. § 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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
9 

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). 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
10 

(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 øAttorney 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 øAttorney General¿ Secretary of Homeland Security shall consider the exigencies and scheduling of the production, and (iv) (iv) 

the øAttorney General¿ Secretary of Homeland Security shall append to the decision any such opinion. The øAttorney General¿ Secretary of Homeland Security shall provide by regulation for the 

waiver of the consultation requirement under subparagraph (A) in 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
11 

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 

øAttorney 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 øAttorney General¿ Secretary of Homeland Security shall consider the exigencies 

and scheduling of the production, øand (iv)¿ (iv) the øAttorney 

General¿ Secretary of Homeland Security shall append to the decision any such opinionø.¿, 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 øAttorney 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 øAttorney 

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; 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
12 

(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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
13 

(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 proVerDate Sep 11 2014 23:58 Jun 10, 2016 Jkt 059006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR614.XXX HR614

smartinez on DSK3GLQ082PROD with REPORTS-HSE
14 

vide 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). 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
15 

(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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
16 

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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
17 

(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 fiance ́e 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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
18 

(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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
19 

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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
20 

(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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
21 

(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 adVerDate Sep 11 2014 23:58 Jun 10, 2016 Jkt 059006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6601 E:\HR\OC\HR614.XXX HR614

smartinez on DSK3GLQ082PROD with REPORTS-HSE
22 

just 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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
23 

(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 SecVerDate Sep 11 2014 23:58 Jun 10, 2016 Jkt 059006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6601 E:\HR\OC\HR614.XXX HR614

smartinez on DSK3GLQ082PROD with REPORTS-HSE
24 

retary 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 forVerDate Sep 11 2014 23:58 Jun 10, 2016 Jkt 059006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6601 E:\HR\OC\HR614.XXX HR614

smartinez on DSK3GLQ082PROD with REPORTS-HSE
25 

eign 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 faVerDate Sep 11 2014 23:58 Jun 10, 2016 Jkt 059006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6601 E:\HR\OC\HR614.XXX HR614

smartinez on DSK3GLQ082PROD with REPORTS-HSE
26 

cility 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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
27 

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. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
28 

(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 AtVerDate Sep 11 2014 23:58 Jun 10, 2016 Jkt 059006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 E:\HR\OC\HR614.XXX HR614

smartinez on DSK3GLQ082PROD with REPORTS-HSE
29 

torney 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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
30 

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 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
31 

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. 

* * * * * * * 

Æ 


smartinez on DSK3GLQ082PROD with REPORTS-HSE