(1) is coming to the United States at the invitation of a public or
nonprofit private educational or research institution or agency in the
United States to teach or conduct research, or both, at or for the insti-
tution or agency; or
(2)(A) has passed the licensing examination administered by the
Federation of State Medical Boards of the United States or an exam-
ination the Secretary of Health and Human Services decides is equiva-
lent; and
(B)(i) is competent in oral and written English; or
(ii) is a graduate of a medical school that is accredited by a body
approved by the Secretary of Education (regardless of whether the
school is in the United States).
(e) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—For
purposes of obtaining a visa or acquiring or maintaining the status of a
nonimmigrant classified under subsection (a)(1) or (2) of this section, the
fact that an alien is the beneficiary of an application for a preference status
filed under subchapter I of chapter 43 of this title or otherwise has sought
permanent residence in the United States is not evidence of an intention
to abandon a residence in a foreign country if the alien has acquired a
change of status under section 9109 of this title to a classification as such
a nonimmigrant before the alien’s most recent departure from the United
States.
§ 2314. Temporary and seasonal agricultural employees
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning; and
(B) is coming to the United States temporarily to perform temporary
or seasonal agricultural labor or services as defined by the Secretary
of Labor by regulation, including agricultural labor as defined in sec-
tion 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C.
3121(g)) and agriculture as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203); or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(b) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) of this section must
file a petition with the Attorney General. The petition must be in the form
and contain the information the Attorney General prescribes. Before approv-
ing a petition, the Attorney General shall consult with the heads of appro-
priate agencies, including the Secretaries of Labor and Agriculture. The At-
torney General may approve the petition only after the petitioner has ap-
plied to the Secretary of Labor for a certification under section 2502 of this
title. The Attorney General must approve the petition before a visa may be
issued to the alien. Approval of the petition does not establish by itself that
the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
§ 2315. Aliens performing labor or services for which United
States workers are unavailable
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) is not a graduate of a medical school coming to the United
States to perform services as a member of the medical profession;
(B) has a residence in a foreign country that the alien has no inten-
tion of abandoning; and
(C) is coming to the United States temporarily to perform temporary
labor or services (except labor or services described in section 2314 of
this title) for which unemployed workers able to perform the labor or
services are unavailable in the United States; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(b) NUMERICAL LIMITATIONS.—The total number of aliens who may be
issued visas or provided status as nonimmigrants classified under subsection
(a)(1) of this section during a fiscal year is 66,000. Those aliens shall be
classified as nonimmigrants under that subsection in the order in which pe-
titions are filed for that classification.
(c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) of this section must
file a petition with the Attorney General. The petition must be in the form
and contain the information the Attorney General prescribes. Before approv-
ing a petition, the Attorney General shall consult with the heads of appro-
priate agencies. The Attorney General must approve the petition before a
visa may be issued to the alien. Approval of the petition does not establish
by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
(d) EMPLOYMENT IN THE VIRGIN ISLANDS.—The Attorney General may
approve a petition filed for an alien described in subsection (a)(1) of this
section for employment in the Virgin Islands only—
(1) if the alien is to be employed as an entertainer or athlete; and
(2) for not more than 45 days.
§ 2316. Aliens receiving training
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning; and
(B) is coming to the United States temporarily to receive training
(except graduate medical education or training) in a training program
that is not designed primarily to provide productive employment; or
(2) is the spouse or child of an alien described in clause (1) of this
section if accompanying or following to join the alien.
(b) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) of this section must
file a petition with the Attorney General. The petition must be in the form
and contain the information the Attorney General prescribes. Before approv-
ing a petition, the Attorney General shall consult with the heads of appro-
priate agencies. The Attorney General must approve the petition before a
visa may be issued to the alien. Approval of the petition does not establish
by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
§ 2317. Intra-company transferees
(a) GENERAL.—(1) An alien is classifiable as a nonimmigrant under this
section if the alien—
(A) within 3 years before applying for admission, has been employed
continuously for at least one year by a corporation or other legal entity
or an affiliate or subsidiary of the entity and is coming to the United
States temporarily to continue employment with the same employer or
an affiliate or subsidiary of the entity—
(i) in an executive or managerial capacity; or
(ii) that involves a specialized knowledge of the product of the
entity, affiliate, or subsidiary and its application in international
markets or an advanced level of knowledge of processes and proce-
dures of the entity, affiliate, or subsidiary and the alien has that
knowledge; or
(B) is the spouse or child of an alien described in clause (A) of this
paragraph if accompanying or following to join the alien.
(2) The period of admission for an alien classified as a nonimmigrant
under—
(A) paragraph (1)(A)(i) of this subsection may be not more than 7
years; and
(B) paragraph (1)(A)(ii) of this subsection may be not more 5 years.
(3) In applying paragraph (1) of this subsection, a partnership or similar
organization organized outside the United States to provide accounting serv-
ices is deemed to be an affiliate of a partnership organized in the United
States to provide accounting services if—
(A) the partnership or similar organization organized outside the
United States markets its accounting services under an internationally
recognized name under an agreement with a worldwide coordinating or-
ganization owned and controlled by the member accounting firms of
which the United States partnership is also a member; and
(B) the United States partnership markets its accounting services
under the same internationally recognized name under an agreement
with the worldwide coordinating organization.
(b) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (a)(1)(A) of this section must
file a petition with the Attorney General. The petition must be in the form
and contain the information the Attorney General prescribes. Before approv-
ing a petition, the Attorney General shall consult with the heads of appro-
priate agencies. The Attorney General must approve the petition before a
visa may be issued to the alien. Approval of the petition does not establish
by itself that the alien is a nonimmigrant.
(2) The Attorney General shall establish a procedure under which an em-
ployer that meets the requirements the Attorney General prescribes may file
a petition for more than one alien described in subsection (a)(1)(A) of this
section instead of filing individual petitions under paragraph (1) of this sub-
section for those aliens. The procedure shall allow the expedited processing
of visas for the entry of aliens under such a petition.
(3) The Attorney General shall provide for a procedure for reviewing and
acting on petitions filed under this subsection not later than 30 days after
the date a completed petition is filed.
(4) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
(c) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—For
purposes of obtaining a visa or acquiring or maintaining the status of a
nonimmigrant classified under subsection (a)(1)(A) of this section, the fact
that an alien is the beneficiary of an application for a preference status filed
under subchapter I of chapter 43 of this title or otherwise has sought per-
manent residence in the United States is not evidence of an intention to