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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4301 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4301

  To grant States and Indian Tribes the authority to waive the 2-year 
foreign residence requirement for educators in rural and Tribal areas, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2024

   Mr. Thune (for himself, Mr. Heinrich, Mr. Rounds, and Mr. Lujan) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To grant States and Indian Tribes the authority to waive the 2-year 
foreign residence requirement for educators in rural and Tribal areas, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODIFICATION OF DEFINITIONS TO INCLUDE INDIAN TRIBES.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended--
            (1) in paragraph (36), by striking ``and the Commonwealth 
        of the Northern Mariana Islands'' and inserting ``the 
        Commonwealth of the Northern Mariana Islands, and each Indian 
        Tribe''; and
            (2) by adding at the end the following:
            ``(53) The term `Indian Tribe' has the meaning given that 
        term in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304(e)).
            ``(54) The terms `Tribal government' and `Tribal entity' 
        mean the recognized governing body of an Indian Tribe.
            ``(55) The term `State educational agency' has the meaning 
        given that term in section 8101(49) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801(49))''.

SEC. 2. EXCHANGE VISITOR VISA EXTENSION FOR EDUCATORS IN RURAL AND 
              TRIBAL AREAS.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following:
    ``(s)(1) If the Governor of a State or a Tribal government requests 
a waiver of the 2-year foreign residence requirement under section 
212(e) on behalf of an alien described in clause (i) or (ii) of that 
section who is a primary or secondary school teacher or an education 
specialist in that State, the Secretary of Homeland Security may not 
grant such a 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) the grant of such waiver would not cause the number 
        of waivers allotted for that State for that fiscal year to 
        exceed 30;
            ``(C) the alien demonstrates a bona fide offer of full-time 
        employment as a teacher or an education specialist at a primary 
        or secondary school in a rural or Tribal area in that State; 
        and
            ``(D)(i) in the case of a request made by a Governor, the 
        alien agrees to begin employment with such a primary or 
        secondary school not later than 90 days after receiving such 
        waiver, and agrees to continue to work for a total of not less 
        than 3 years (unless the Secretary of Homeland Security 
        determines that extenuating circumstances exist, such as 
        closure of the school or hardship to the alien, which would 
        justify a lesser period of employment at the school, in which 
        case the alien must demonstrate another bona fide offer of 
        employment at a primary or secondary school for the remainder 
        of such 3-year period), in rural and underserved area (as 
        defined by the State educational agency); or
            ``(ii) in the case of a request made by a Tribal 
        government, the alien--
                    ``(I) agrees to begin employment with such a 
                primary or secondary school of an Indian Tribe, 
                including any Bureau of Indian Education funded school 
                operated pursuant to a grant under the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) 
                or a contract under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 5301 et seq.), not 
                later than 90 days after receiving such waiver; and
                    ``(II) agrees to continue to work for a total of 
                not less than 3 years (unless the Secretary of Homeland 
                Security determines that extenuating circumstances 
                exist, such as closure of the school or hardship to the 
                alien, which would justify a lesser period of 
                employment at the school, in which case the alien must 
                demonstrate another bona fide offer of employment at a 
                primary or secondary school for the remainder of such 
                3-year period).
    ``(2)(A) Notwithstanding section 248(a)(2), the Secretary of 
Homeland Security 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 pursuant to this subparagraph, 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 primary or secondary school 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 such person has resided and been physically present in the 
country of his or her nationality or his or her last residence for an 
aggregate of at least 2 years following his or here 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 (i) or (ii) of such 
section who has not otherwise been accorded status under section 
101(a)(27)(H), if at any time the alien ceases to comply with any 
agreement entered into under pursuant to paragraph (1)(C).
    ``(4) Any spouse or children of an alien granted a waiver under 
this subsection shall be included in such waiver.
    ``(5) In the case of a request submitted under paragraph (1) by a 
Tribal entity, the Governor of the State in which the Tribal entity is 
located may endorse such request.''.
                                 <all>
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