I 

110TH CONGRESS 

2D SESSION H. R. 5817 

To establish a new nonimmigrant category for Korean aliens seeking to 

enter the United States temporarily to perform services in a specialty 

occupation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2008 

Mr. FALEOMAVAEGA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To establish a new nonimmigrant category for Korean aliens 

seeking to enter the United States temporarily to perform services in a specialty occupation, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. NEW NONIMMIGRANT CATEGORY FOR KOREAN 

2 ALIENS SEEKING TO ENTER THE UNITED 

3 STATES TEMPORARILY TO PERFORM SERV4 ICES IN A SPECIALTY OCCUPATION. 

5 (a) IN GENERAL.—Section 101(a)(15)(E) of the Im6 migration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) 

7 is amended— 

8 (1) in clause (ii), by striking ‘‘or’’ at the end; 

9 and 

10 (2) by adding at the end the following: ‘‘or (iv) 

11 solely to perform services in a specialty occupation 

12 in the United States if the alien is a national of the 

13 Republic of Korea and with respect to whom the 

14 Secretary of Labor determines and certifies to the 

15 Secretary of Homeland Security and Secretary of 

16 State that the intending employer has filed with the 

17 Secretary of Labor an attestation under section 

18 212(t)(1);’’. 

19 (b) ATTESTATION.—Section 212(t) of such Act (8 

20 U.S.C. 1182(t)), as added by section 402(b)(2) of Public 

21 Law 108–77 (117 Stat. 941), is amended— 

22 (1) except in clauses (i)(II), (ii)(II), and (iii)(II) 

23 of paragraph (3)(C), by striking ‘‘or section 

24 101(a)(15)(E)(iii)’’ each place such term appears 

25 and inserting ‘‘or clause (iii) or (iv) of section 

26 101(a)(15)(E)’’; and 


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1 (2) in clauses (i)(II), (ii)(II), and (iii)(II) of 

2 paragraph (3)(C), by striking ‘‘or 101(a)(15)(E)(iii) 

3 or section 101(a)(15)(E)(iii)’’ each place such term 

4 appears and inserting ‘‘or clause (iii) or (iv) of sec5 tion 101(a)(15)(E)’’. 

6 (c) NUMERICAL LIMITATION.—Section 214(g)(11) of 

7 such Act (8 U.S.C. 1184(g)(11)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘section 

9 101(a)(15)(E)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

10 of section 101(a)(15)(E)’’; and 

11 (2) by amending subparagraph (B) to read as 

12 follows: 

13 ‘‘(B) The applicable numerical limitation referred to 

14 in subparagraph (A) is— 

15 ‘‘(i) 10,500 for each fiscal year for aliens de16 scribed in section 101(a)(15)(E)(iii); and 

17 ‘‘(ii) 20,000 for each fiscal year for aliens de18 scribed in section 101(a)(15)(E)(iv).’’. 

19 (d) SPECIALTY OCCUPATION DEFINED.—Section 

20 214(i) of such Act (8 U.S.C. 1184(i)) is amended by strik21 ing ‘‘section 101(a)(15)(E)(iii),’’ and inserting ‘‘clauses 

22 (iii) and (iv) of section 101(a)(15)(E),’’. 

23 (e) CHANGE OF EMPLOYER.—Section 214(n) of such 

24 Act (8 U.S.C. 1184(n)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘section 

2 101(a)(15)(H)(i)(b)’’ and inserting ‘‘subparagraph 

3 (H)(i)(b) or (E)(iv) of section 101(a)(15)’’; and 

4 (2) in paragraph (2)(B)— 

5 (A) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) 

6 in the case of a nonimmigrant having status 

7 under section 101(a)(15)(H)(i)(b),’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(ii) in the case of a nonimmigrant having sta10 tus under section 101(a)(15)(E)(iv), who has filed 

11 such a petition before such expiration date; and’’. 

Æ 


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