952 
SEC. 4408. J VISA ELIGIBILITY FOR SPEAKERS OF CERTAIN 
FOREIGN LANGUAGES. 
(a) IN GENERAL.—Section 101(a)(15)(J) (8 U.S.C. 
1101(a)(15)(J)) is amended to read as follows: 
‘‘(J) an alien having a residence in a for-
eign country which he has no intention of aban-
doning who— 
‘‘(i) is a bona fide student, scholar, 
trainee, teacher, professor, research assist-
ant, specialist, or leader in a field of spe-
cialized knowledge or skill, or other person 
of similar description, who is coming tem-
porarily to the United States as a partici-
pant in a program designated by the Di-
rector of the United States Information 
Agency, for the purpose of teaching, in-
structing or lecturing, studying, observing, 
conducting 
research, 
consulting, 
dem-
onstrating special skills, or receiving train-
ing and who, if such alien is coming to the 
United States to participate in a program 
under which such alien will receive grad-
uate medical education or training, also 
meets the requirements of section 212(j), 
and the alien spouse and minor children of 
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any such alien if accompanying such alien 
or following to join such alien; or 
‘‘(ii) is coming to the United States to 
perform work involving specialized knowl-
edge or skill, including teaching on a full- 
time or part-time basis, that requires pro-
ficiency of languages spoken as a native 
language in countries of which fewer than 
5,000 nationals were lawfully admitted for 
permanent residence in the United States 
in the previous year;’’. 
(b) REQUIREMENT
FOR ANNUAL LIST
OF COUN-
TRIES.—The Secretary of State shall publish an annual 
list of the countries described in clause (ii) of section 
101(a)(15)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(J)), as added by subsection (a). 
SEC. 4409. F–1 VISA FEE. 
Section 281 (8 U.S.C. 1351), as amended by sections 
4105 and 4407, is further amended by adding at the end 
the following: 
‘‘(f) F–1 VISA FEE.— 
‘‘(1) IN GENERAL.—In addition to the fees au-
thorized under subsection (a), the Secretary of 
Homeland Security shall collect a $100 fee from 
each 
nonimmigrant 
admitted 
under 
section 
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954 
101(a)(15)(F)(i). Fees collected under this sub-
section shall be deposited into the Comprehensive 
Immigration Reform Trust Fund established under 
section 9(a)(1) of the Border Security, Economic 
Opportunity, and Immigration Modernization Act. 
‘‘(2) RULEMAKING.—The Secretary of Home-
land Security, in conjunction with the Secretary of 
State, shall promulgate regulations to ensure that— 
‘‘(A) the fee authorized under paragraph 
(1) is paid on behalf of all J–1 nonimmigrants 
seeking entry into the United States; 
‘‘(B) a fee related to the hiring of a J–1 
nonimmigrant is not deducted from the wages 
or other compensation paid to the J–1 non-
immigrant; and 
‘‘(C) not more than 1 fee is collected per 
J–1 nonimmigrant.’’. 
SEC. 
4410. 
PILOT 
PROGRAM 
FOR 
REMOTE 
B 
NON-
IMMIGRANT VISA INTERVIEWS. 
Section 222 (8 U.S.C. 1202) is amended by adding 
at the end the following: 
‘‘(i)(1) Except as provided in paragraph (3), the Sec-
retary of State— 
‘‘(A) shall develop and conduct a pilot program 
for processing visas under section 101(a)(15)(B) 
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955 
using secure remote videoconferencing technology as 
a method for conducting any required in person 
interview of applicants; and 
‘‘(B) in consultation with the heads of other 
Federal agencies that use such secure communica-
tions, shall help ensure the security of the 
videoconferencing transmission and encryption con-
ducted under subparagraph (A). 
‘‘(2) Not later than 90 days after the termination of 
the pilot program authorized under paragraph (1), the 
Secretary of State shall submit to the appropriate commit-
tees of Congress a report that contains— 
‘‘(A) a detailed description of the results of 
such program, including an assessment of the effi-
cacy, efficiency, and security of the remote 
videoconferencing technology as a method for con-
ducting visa interviews of applicants; and 
‘‘(B) recommendations for whether such pro-
gram should be continued, broadened, or modified. 
‘‘(3) The pilot program authorized under paragraph 
(1) may not be conducted if the Secretary of State deter-
mines that such program— 
‘‘(A) poses an undue security risk; and 
‘‘(B) cannot be conducted in a manner con-
sistent with maintaining security controls. 
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‘‘(4) If the Secretary of State makes a determination 
under paragraph (3), the Secretary shall submit a report 
to the appropriate committees of Congress that describes 
the reasons for such determination. 
‘‘(5) In this subsection: 
‘‘(A) The term ‘appropriate committees of Con-
gress’ means— 
‘‘(i) the Committee on the Judiciary, the 
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate; and 
‘‘(ii) the Committee on the Judiciary, the 
Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Rep-
resentatives. 
‘‘(B) The term ‘in person interview’ includes 
interviews conducted using remote video tech-
nology.’’. 
SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS 
TO ALL TERRORIST DATABASES AND REQUIR-
ING HEIGHTENED SCRUTINY OF APPLICA-
TIONS FOR ADMISSION FROM PERSONS LIST-
ED ON TERRORIST DATABASES. 
Section 222 (8 U.S.C. 1202), as amended by section 
4410, is further amended by adding at the end the fol-
lowing: 
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‘‘(j) PROVIDING CONSULAR OFFICERS WITH ACCESS 
TO
ALL
TERRORIST
DATABASES
AND
REQUIRING 
HEIGHTENED SCRUTINY OF APPLICATIONS FOR ADMIS-
SION FROM PERSONS LISTED
ON TERRORIST DATA-
BASES.— 
‘‘(1) ACCESS TO THE SECRETARY OF STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary of State shall 
have access to all terrorism records and data-
bases maintained by any agency or department 
of the United States for the purposes of deter-
mining whether an applicant for admission 
poses a security threat to the United States. 
‘‘(B) EXCEPTION.—The head of such an 
agency or department may only withhold access 
to terrorism records and databases from the 
Secretary of State if such head is able to articu-
late that withholding is necessary to prevent the 
unauthorized disclosure of information that 
clearly identifies, or would reasonably permit 
ready identification of, intelligence or sensitive 
law enforcement sources, methods, or activities. 
‘‘(2) BIOGRAPHIC
AND
BIOMETRIC
SCREEN-
ING.— 
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‘‘(A) REQUIREMENT FOR BIOGRAPHIC AND 
BIOMETRIC SCREENING.—Notwithstanding any 
other provision of this Act, the Secretary of 
State shall require every alien applying for ad-
mission to the United States to submit to bio-
graphic and biometric screening to determine 
whether the alien’s name or biometric informa-
tion is listed in any terrorist watch list or data-
base maintained by any agency or department 
of the United States. 
‘‘(B) EXCLUSIONS.—No alien applying for 
a visa to the United States shall be granted 
such visa by a consular officer if the alien’s 
name or biometric information is listed in any 
terrorist watch list or database referred to in 
subparagraph (A) unless— 
‘‘(i) screening of the alien’s visa appli-
cation 
against 
interagency 
counterter-
rorism screening systems which compare 
the applicant’s information against data in 
all counterterrorism watch lists and data-
bases reveals no potentially pertinent links 
to terrorism; 
‘‘(ii) the consular officer submits the 
application for further review to the Sec-
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retary of State and the heads of other rel-
evant agencies, including the Secretary of 
Homeland Security and the Director of 
National Intelligence; and 
‘‘(iii) the Secretary of State, after 
consultation with the Secretary of Home-
land Security, the Director of National In-
telligence, and the heads of other relevant 
agencies, certifies that the alien is admis-
sible to the United States.’’. 
SEC. 4412. VISA REVOCATION INFORMATION. 
Section 428 of the Homeland Security Act of 2002 
(6 U.S.C. 236) is amended by adding at the end the fol-
lowing: 
‘‘(j) VISA REVOCATION INFORMATION.—If the Sec-
retary of State or the Secretary of Homeland Security re-
voke a visa— 
‘‘(1) the fact of the revocation shall be imme-
diately provided to the relevant consular officers, law 
enforcement, and terrorist screening databases; and 
‘‘(2) a notice of such revocation shall be posted 
to all Department of Homeland Security port inspec-
tors and to all consular officers.’’. 
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SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND 
CHILDREN. 
(a) NONIMMIGRANT STATUS
FOR CERTAIN BAT-
TERED SPOUSES AND CHILDREN.—Section 101(a)(51) (8 
U.S.C. 
1101(a)(51)), 
as 
amended 
by 
section 
2305(d)(6)(B)(i)(III), is further amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (F), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) section 106 as an abused derivative 
alien.’’. 
(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 
(1) IN
GENERAL.—Section 106 (8 U.S.C. 
1105a) is amended to read as follows: 
‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. 
‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.—In this 
section, the term ‘abused derivative alien’ means an alien 
who— 
‘‘(1) is the spouse or child admitted under sec-
tion 101(a)(15) or pursuant to a blue card status 
granted under section 2211 of the Border Security, 
Economic Opportunity, and Immigration Moderniza-
tion Act; 
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‘‘(2) is accompanying or following to join a 
principal alien admitted under such a section; and 
‘‘(3) has been subjected to battery or extreme 
cruelty by such principal alien. 
‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 
The Secretary of Homeland Security— 
‘‘(1) shall grant or extend the status of admis-
sion of an abused derivative alien under section 
101(a)(15) or section 2211 of the Border Security, 
Economic Opportunity, and Immigration Moderniza-
tion Act under which the principal alien was admit-
ted for the longer of— 
‘‘(A) the same period for which the prin-
cipal was initially admitted; or 
‘‘(B) a period of 3 years; 
‘‘(2) may renew a grant or extension of status 
made under paragraph (1); 
‘‘(3) shall grant employment authorization to 
an abused derivative alien; and 
‘‘(4) may adjust the status of the abused deriv-
ative alien to that of an alien lawfully admitted for 
permanent residence if— 
‘‘(A) the alien is admissible under section 
212(a) or the Secretary of Homeland Security 
finds the alien’s continued presence in the 
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United States is justified on humanitarian 
grounds, to ensure family unity, or is otherwise 
in the public interest; and 
‘‘(B) the status under which the principal 
alien was admitted to the United States would 
have potentially allowed for eventual adjustment 
of status. 
‘‘(c) EFFECT OF TERMINATION OF RELATIONSHIP.— 
Termination of the relationship with principal alien shall 
not affect the status of an abused derivative alien under 
this section if battery or extreme cruelty by the principal 
alien was 1 central reason for termination of the relation-
ship. 
‘‘(d) PROCEDURES.—Requests for relief under this 
section shall be handled under the procedures that apply 
to aliens seeking relief under section 204(a)(1)(C).’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents in the first section is amended by 
striking the item relating to section 106 and insert-
ing the following: 
‘‘Sec. 106. Relief for abused derivative aliens.’’. 
SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPO-
RARILY IN HAWAII. 
(a) IN
GENERAL.—Section 101(a)(15)(D)(ii) (8 
U.S.C. 1101(a)(15)(D)(ii)) is amended— 
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(1) by striking ‘‘Guam’’ both places that term 
appears and inserting ‘‘Hawaii, Guam,’’; and 
(2) by striking the semicolon at the end and in-
serting ‘‘or some other vessel or aircraft;’’. 
(b) TREATMENT OF DEPARTURES.—In the adminis-
tration of section 101(a)(15)(D)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)), an 
alien crewman shall be considered to have departed from 
Hawaii, Guam, or the Commonwealth of the Northern 
Mariana Islands after leaving the territorial waters of Ha-
waii, Guam, or the Commonwealth of the Northern Mar-
iana Islands, respectively, without regard to whether the 
alien arrives in a foreign state before returning to Hawaii, 
Guam, or the Commonwealth of the Northern Mariana Is-
lands. 
(c) CONFORMING AMENDMENT.—The Act entitled 
‘‘An Act to amend the Immigration and Nationality Act 
to permit nonimmigrant alien crewmen on fishing vessels 
to stop temporarily at ports in Guam’’, approved October 
21, 1986 (Public Law 99–505; 8 U.S.C. 1101 note) is 
amended by striking section 2. 
SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIA-
TION MIGRANTS. 
(a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 214 the following: 
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(1) in subsection (f), in the matter preceding 
paragraph (1), by striking ‘‘subsection (g)’’ and in-
serting ‘‘subsections (g) and (h)’’; and 
(2) by adding at the end the following: 
‘‘(h) The limitations of subsections (f) and (g) shall 
not apply with respect to medical assistance provided to 
an individual described in section 214A of the Immigra-
tion and Nationality Act.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to benefits for items and services 
furnished on or after the date of the enactment of this 
Act. 
Subtitle E—JOLT Act 
SEC. 4501. SHORT TITLES. 
This subtitle may be cited as the ‘‘Jobs Originated 
through Launching Travel Act of 2013’’ or the ‘‘JOLT 
Act of 2013’’. 
SEC. 4502. PREMIUM PROCESSING. 
Section 221 (8 U.S.C. 1201) is amended by inserting 
at the end the following: 
‘‘(j) PREMIUM PROCESSING.— 
‘‘(1) PILOT
PROCESSING
SERVICE.—Recog-
nizing that the best solution for expedited processing 
is low interview wait times for all applicants, the 
Secretary of State shall nevertheless establish, on a 
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limited, pilot basis only, a fee-based premium proc-
essing service to expedite interview appointments. In 
establishing a pilot processing service, the Secretary 
may— 
‘‘(A) determine the consular posts at which 
the pilot service will be available; 
‘‘(B) establish the duration of the pilot 
service; 
‘‘(C) define the terms and conditions of the 
pilot service, with the goal of expediting visa 
appointments and the interview process for 
those electing to pay said fee for the service; 
and 
‘‘(D) resources permitting, during the pilot 
service, consider the addition of consulates in 
locations advantageous to foreign policy objec-
tives or in highly populated locales. 
‘‘(2) FEES.— 
‘‘(A) AUTHORITY TO COLLECT.—The Sec-
retary of State is authorized to collect, and set 
the amount of, a fee imposed for the premium 
processing service. The Secretary of State shall 
set the fee based on all relevant considerations 
including, the cost of expedited service. 
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‘‘(B) USE OF FEES.—Fees collected under 
the authority of subparagraph (A) shall be de-
posited as an offsetting collection to any De-
partment of State appropriation, to recover the 
costs of providing consular services. Such fees 
shall remain available for obligation until ex-
pended. 
‘‘(C) RELATIONSHIP
TO
OTHER
FEES.— 
Such fee is in addition to any existing fee cur-
rently being collected by the Department of 
State. 
‘‘(D) NONREFUNDABLE.—Such fee will be 
nonrefundable to the applicant. 
‘‘(3) 
DESCRIPTION
OF
PREMIUM
PROC-
ESSING.—Premium processing pertains solely to the 
expedited scheduling of a visa interview. Utilizing 
the premium processing service for an expedited 
interview appointment does not establish the appli-
cant’s eligibility for a visa. The Secretary of State 
shall, if possible, inform applicants utilizing the pre-
mium processing of potential delays in visa issuance 
due to additional screening requirements, including 
necessary security-related checks and clearances. 
‘‘(4) REPORT TO CONGRESS.— 
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‘‘(A) REQUIREMENT
FOR
REPORT.—Not 
later than 18 months after the date of the en-
actment of the JOLT Act of 2013, the Sec-
retary of State shall submit to the appropriate 
committees of Congress a report on the results 
of the pilot service carried out under this sec-
tion. 
‘‘(B) APPROPRIATE COMMITTEES OF CON-
GRESS DEFINED.—In this paragraph, the term 
‘appropriate committees of Congress’ means— 
‘‘(i) the Committee on the Judiciary, 
the Committee on Foreign Relations, and 
the Committee on Appropriations of the 
Senate; and 
‘‘(ii) the Committee on the Judiciary, 
the Committee on Foreign Affairs, and the 
Committee on Appropriations of the House 
of Representatives.’’. 
SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE 
UNITED STATES. 
Section 214 (8 U.S.C. 1184), as amended by sections 
3609, 4233, and 4405, is further amended by adding at 
the end the following: 
‘‘(v) CANADIAN RETIREES.— 
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‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may admit as a visitor for pleasure as de-
scribed in section 101(a)(15)(B) any alien for a pe-
riod not to exceed 240 days, if the alien dem-
onstrates, to the satisfaction of the Secretary, that 
the alien— 
‘‘(A) is a citizen of Canada; 
‘‘(B) is at least 55 years of age; 
‘‘(C) maintains a residence in Canada; 
‘‘(D) owns a residence in the United States 
or has signed a rental agreement for accom-
modations in the United States for the duration 
of the alien’s stay in the United States; 
‘‘(E) is not inadmissible under section 212; 
‘‘(F) is not described in any ground of de-
portability under section 237; 
‘‘(G) will not engage in employment or 
labor for hire in the United States; and 
‘‘(H) will not seek any form of assistance 
or benefit described in section 403(a) of the 
Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 
‘‘(2) SPOUSE.—The spouse of an alien de-
scribed in paragraph (1) may be admitted under the 
same terms as the principal alien if the spouse satis-
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fies the requirements of paragraph (1), other than 
subparagraphs (B) and (D). 
‘‘(3) IMMIGRANT INTENT.—In determining eli-
gibility for admission under this subsection, mainte-
nance of a residence in the United States shall not 
be considered evidence of intent by the alien to 
abandon the alien’s residence in Canada. 
‘‘(4) PERIOD OF ADMISSION.—During any sin-
gle 365-day period, an alien may be admitted as de-
scribed in section 101(a)(15)(B) pursuant to this 
subsection for a period not to exceed 240 days, be-
ginning on the date of admission. Unless an exten-
sion is approved by the Secretary, periods of time 
spent outside the United States during such 240-day 
period shall not toll the expiration of such 240-day 
period.’’. 
SEC. 4504. RETIREE VISA. 
(a) NONIMMIGRANT STATUS.—Section 101(a)(15), 
as amended, is further amended by inserting after sub-
paragraph (X) the following: 
‘‘(Y) subject to section 214(w), an alien 
who, after the date of the enactment of the 
JOLT Act of 2013— 
‘‘(i)(I) uses at least $500,000 in cash 
to purchase 1 or more residences in the 
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United States, which each sold for more 
than 100 percent of the most recent ap-
praised value of such residence, as deter-
mined by the property assessor in the city 
or county in which the residence is located; 
‘‘(II) maintains ownership of residen-
tial property in the United States worth at 
least $500,000 during the entire period the 
alien remains in the United States as a 
nonimmigrant described in this subpara-
graph; and 
‘‘(III) resides for more than 180 days 
per year in a residence in the United 
States that is worth at least $250,000; and 
‘‘(ii) the alien spouse and children of 
the alien described in clause (i) if accom-
panying or following to join the alien.’’. 
(b) VISA APPLICATION PROCEDURES.—Section 214 
(8 U.S.C. 1184), as amended by sections 3609, 4233, 
4405, and 4503, is further amended by adding at the end 
the following: 
‘‘(w) VISAS OF NONIMMIGRANTS DESCRIBED IN SEC-
TION 101(a)(15)(Y).— 
‘‘(1) The Secretary of Homeland Security shall 
authorize the issuance of a nonimmigrant visa to 
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any alien described in section 101(a)(15)(Y) who 
submits a petition to the Secretary that— 
‘‘(A) demonstrates, to the satisfaction of 
the Secretary, that the alien— 
‘‘(i) has purchased a residence in the 
United States that meets the criteria set 
forth in section 101(a)(15)(Y)(i); 
‘‘(ii) is at least 55 years of age; 
‘‘(iii) possesses health insurance cov-
erage; 
‘‘(iv) is not inadmissible under section 
212; and 
‘‘(v) will comply with the terms set 
forth in paragraph (2); and 
‘‘(B) includes payment of a fee in an 
amount equal to $1,000. 
‘‘(2) An alien who is issued a visa under this 
subsection— 
‘‘(A) shall reside in the United States at a 
residence that meets the criteria set forth in 
section 101(a)(15)(Y)(i) for more than 180 
days per year; 
‘‘(B) is not authorized to engage in em-
ployment in the United States, except for em-
ployment that is directly related to the manage-
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ment of the residential property described in 
section 101(Y)(i)(II); 
‘‘(C) is not eligible for any form of assist-
ance or benefit described in section 403(a) of 
the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 
1613(a)); and 
‘‘(D) may renew such visa every 3 years 
under the same terms and conditions.’’. 
(c) USE
OF FEE.—Fees collected under section 
214(w)(1)(B) of the Immigration and Nationality Act, as 
added by subsection (b), shall be deposited in the Com-
prehensive Immigration Reform Trust Fund established 
under section 9(a)(1). 
SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING 
THE UNITED STATES DURING LOW PEAK SEA-
SONS. 
The Secretary of State shall make publically avail-
able, on a monthly basis, historical data, for the previous 
2 years, regarding the availability of visa appointments for 
each visa processing post, to allow applicants to identify 
periods of low demand, when wait times tend to be lower. 
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SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY 
AND REFORM. 
(a) DEFINITIONS.—Section 217(c)(1) (8 U.S.C. 
1187(c)(1)) is amended to read as follows: 
‘‘(1) AUTHORITY
TO
DESIGNATE; 
DEFINI-
TIONS.— 
‘‘(A) AUTHORITY
TO
DESIGNATE.—The 
Secretary of Homeland Security, in consultation 
with the Secretary of State, may designate any 
country as a program country if that country 
meets the requirements under paragraph (2). 
‘‘(B) DEFINITIONS.—In this subsection: 
‘‘(i) APPROPRIATE
CONGRESSIONAL 
COMMITTEES.—The term ‘appropriate con-
gressional committees’ means— 
‘‘(I) the Committee on Foreign 
Relations, the Committee on Home-
land Security and Governmental Af-
fairs, and the Committee on the Judi-
ciary of the Senate; and 
‘‘(II) the Committee on Foreign 
Affairs, the Committee on Homeland 
Security, and the Committee on the 
Judiciary of the House of Representa-
tives. 
‘‘(ii) OVERSTAY RATE.— 
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‘‘(I) INITIAL DESIGNATION.—The 
term ‘overstay rate’ means, with re-
spect to a country being considered 
for designation in the program, the 
ratio of— 
‘‘(aa) the number of nation-
als of that country who were ad-
mitted to the United States on 
the basis of a nonimmigrant visa 
under 
section 
101(a)(15)(B) 
whose periods of authorized stay 
ended during a fiscal year but 
who remained unlawfully in the 
United States beyond such peri-
ods; to 
‘‘(bb) the number of nation-
als of that country who were ad-
mitted to the United States on 
the basis of a nonimmigrant visa 
under 
section 
101(a)(15)(B) 
whose periods of authorized stay 
ended during that fiscal year. 
‘‘(II) 
CONTINUING
DESIGNA-
TION.—The 
term 
‘overstay 
rate’ 
means, for each fiscal year after ini-
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976 
tial designation under this section 
with respect to a country, the ratio 
of— 
‘‘(aa) the number of nation-
als of that country who were ad-
mitted to the United States 
under this section or on the basis 
of a nonimmigrant visa under 
section 101(a)(15)(B) whose pe-
riods of authorized stay ended 
during a fiscal year but who re-
mained unlawfully in the United 
States beyond such periods; to 
‘‘(bb) the number of nation-
als of that country who were ad-
mitted to the United States 
under this section or on the basis 
of a nonimmigrant visa under 
section 101(a)(15)(B) whose pe-
riods of authorized stay ended 
during that fiscal year. 
‘‘(III) COMPUTATION
OF
OVER-
STAY RATE.—In determining the over-
stay rate for a country, the Secretary 
of Homeland Security may utilize in-
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977 
formation from any available data-
bases to ensure the accuracy of such 
rate. 
‘‘(iii) PROGRAM COUNTRY.—The term 
‘program country’ means a country des-
ignated as a program country under sub-
paragraph (A).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 217 (8 U.S.C. 1187) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
the term appears (except in subsection (c)(11)(B)) 
and inserting ‘‘Secretary of Homeland Security’’; 
and 
(2) in subsection (c)— 
(A) in paragraph (2)(C)(iii), by striking 
‘‘Committee on the Judiciary and the Com-
mittee on International Relations of the House 
of Representatives and the Committee on the 
Judiciary and the Committee on Foreign Rela-
tions of the Senate’’ and inserting ‘‘appropriate 
congressional committees’’; 
(B) in paragraph (5)(A)(i)(III), by striking 
‘‘Committee on the Judiciary, the Committee on 
Foreign Affairs, and the Committee on Home-
land Security, of the House of Representatives 
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978 
and the Committee on the Judiciary, the Com-
mittee on Foreign Relations, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate’’ and inserting 
‘‘appropriate congressional committees’’; and 
(C) in paragraph (7), by striking subpara-
graph (E). 
(c) DESIGNATION OF PROGRAM COUNTRIES BASED 
ON OVERSTAY RATES.— 
(1) IN
GENERAL.—Section 217(c)(2)(A) (8 
U.S.C. 1187(c)(2)(A)) is amended to read as fol-
lows: 
‘‘(A) 
GENERAL
NUMERICAL
LIMITA-
TIONS.— 
‘‘(i) LOW
NONIMMIGRANT
VISA
RE-
FUSAL RATE.—The percentage of nationals 
of that country refused nonimmigrant visas 
under section 101(a)(15)(B) during the 
previous full fiscal year was not more than 
3 percent of the total number of nationals 
of that country who were granted or re-
fused nonimmigrant visas under such sec-
tion during such year. 
‘‘(ii) LOW NONIMMIGRANT OVERSTAY 
RATE.—The overstay rate for that country 
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was not more than 3 percent during the 
previous fiscal year.’’. 
(2) 
QUALIFICATION
CRITERIA.—Section 
217(c)(3) (8 U.S.C. 1187(c)(3)) is amended to read 
as follows: 
‘‘(3) QUALIFICATION CRITERIA.—After designa-
tion as a program country under section 217(c)(2), 
a country may not continue to be designated as a 
program country unless the Secretary of Homeland 
Security, in consultation with the Secretary of State, 
determines, pursuant to the requirements under 
paragraph (5), that the designation will be contin-
ued.’’. 
(3) INITIAL PERIOD.—Section 217(c) (8 U.S.C. 
1187(c)) is amended by striking paragraph (4). 
(4) 
CONTINUING
DESIGNATION.—Section 
217(c)(5)(A)(i)(II) (8 U.S.C. 1187(c)(5)(A)(i)(II)) is 
amended to read as follows: 
‘‘(II) shall determine, 
based upon the evaluation in 
subclause (I), whether any 
such designation under sub-
section (d) or (f), or proba-
tion under subsection (f), 
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980 
ought to be continued or ter-
minated;’’. 
(5) COMPUTATION
OF
VISA
REFUSAL
RATES; 
JUDICIAL
REVIEW.—Section 217(c)(6) (8 U.S.C. 
1187(c)(6)) is amended to read as follows: 
‘‘(6) COMPUTATION OF VISA REFUSAL RATES 
AND JUDICIAL REVIEW.— 
‘‘(A) COMPUTATION
OF
VISA
REFUSAL 
RATES.—For purposes of determining the eligi-
bility of a country to be designated as a pro-
gram country, the calculation of visa refusal 
rates shall not include any visa refusals which 
incorporate any procedures based on, or are 
otherwise based on, race, sex, or disability, un-
less otherwise specifically authorized by law or 
regulation. 
‘‘(B) JUDICIAL REVIEW.—No court shall 
have jurisdiction under this section to review 
any visa refusal, the Secretary of State’s com-
putation of a visa refusal rate, the Secretary of 
Homeland Security’s computation of an over-
stay rate, or the designation or nondesignation 
of a country as a program country.’’. 
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981 
(6) 
VISA
WAIVER
INFORMATION.—Section 
217(c)(7) (8 U.S.C. 1187(c)(7)), as amended by 
subsection (b)(2)(C), is further amended— 
(A) by striking subparagraphs (B) through 
(D); and 
(B) by striking ‘‘WAIVER INFORMATION.— 
’’ and all that follows through ‘‘In refusing’’ 
and inserting ‘‘WAIVER INFORMATION.—In re-
fusing’’. 
(7) WAIVER AUTHORITY.—Section 217(c)(8) (8 
U.S.C. 1187(c)(8)) is amended to read as follows: 
‘‘(8) WAIVER
AUTHORITY.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of State, may waive the application of para-
graph (2)(A)(i) for a country if— 
‘‘(A) the country meets all other require-
ments of paragraph (2); 
‘‘(B) the Secretary of Homeland Security 
determines that the totality of the country’s se-
curity risk mitigation measures provide assur-
ance that the country’s participation in the pro-
gram would not compromise the law enforce-
ment, security interests, or enforcement of the 
immigration laws of the United States; 
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982 
‘‘(C) there has been a general downward 
trend in the percentage of nationals of the 
country refused nonimmigrant visas under sec-
tion 101(a)(15)(B); 
‘‘(D) the country consistently cooperated 
with the Government of the United States on 
counterterrorism initiatives, information shar-
ing, preventing terrorist travel, and extradition 
to the United States of individuals (including 
the country’s own nationals) who commit 
crimes that violate United States law before the 
date of its designation as a program country, 
and the Secretary of Homeland Security and 
the Secretary of State assess that such coopera-
tion is likely to continue; and 
‘‘(E) the percentage of nationals of the 
country refused a nonimmigrant visa under sec-
tion 101(a)(15)(B) during the previous full fis-
cal year was not more than 10 percent of the 
total number of nationals of that country who 
were granted or refused such nonimmigrant 
visas.’’. 
(d) TERMINATION OF DESIGNATION; PROBATION.— 
Section 217(f) (8 U.S.C. 1187(f)) is amended to read as 
follows: 
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‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) PROBATIONARY PERIOD.—The term 
‘probationary period’ means the fiscal year in 
which a probationary country is placed in pro-
bationary status under this subsection. 
‘‘(B) PROGRAM COUNTRY.—The term ‘pro-
gram country’ has the meaning given that term 
in subsection (c)(1)(B). 
‘‘(2) DETERMINATION, NOTICE, AND
INITIAL 
PROBATIONARY PERIOD.— 
‘‘(A) DETERMINATION OF PROBATIONARY 
STATUS AND NOTICE OF NONCOMPLIANCE.—As 
part of each program country’s periodic evalua-
tion required by subsection (c)(5)(A), the Sec-
retary of Homeland Security shall determine 
whether a program country is in compliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2). 
‘‘(B) INITIAL PROBATIONARY PERIOD.—If 
the Secretary of Homeland Security determines 
that a program country is not in compliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2), 
the Secretary of Homeland Security shall place 
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the program country in probationary status for 
the fiscal year following the fiscal year in which 
the periodic evaluation is completed. 
‘‘(3) ACTIONS AT THE END OF THE INITIAL 
PROBATIONARY PERIOD.—At the end of the initial 
probationary period of a country under paragraph 
(2)(B), the Secretary of Homeland Security shall 
take 1 of the following actions: 
‘‘(A) COMPLIANCE DURING INITIAL PROBA-
TIONARY PERIOD.—If the Secretary determines 
that all instances of noncompliance with the 
program requirements under subparagraphs 
(A)(ii) through (F) of subsection (c)(2) that 
were identified in the latest periodic evaluation 
have been remedied by the end of the initial 
probationary period, the Secretary shall end the 
country’s probationary period. 
‘‘(B) NONCOMPLIANCE
DURING
INITIAL 
PROBATIONARY PERIOD.—If the Secretary de-
termines that any instance of noncompliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2) 
that were identified in the latest periodic eval-
uation has not been remedied by the end of the 
initial probationary period— 
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985 
‘‘(i) the Secretary may terminate the 
country’s participation in the program; or 
‘‘(ii) on an annual basis, the Secretary 
may continue the country’s probationary 
status if the Secretary, in consultation 
with the Secretary of State, determines 
that the country’s continued participation 
in the program is in the national interest 
of the United States. 
‘‘(4) ACTIONS
AT
THE
END
OF
ADDITIONAL 
PROBATIONARY PERIODS.—At the end of all proba-
tionary periods granted to a country pursuant to 
paragraph (3)(B)(ii), the Secretary shall take 1 of 
the following actions: 
‘‘(A) COMPLIANCE
DURING
ADDITIONAL 
PERIOD.—The Secretary shall end the country’s 
probationary status if the Secretary determines 
during the latest periodic evaluation required by 
subsection (c)(5)(A) that the country is in com-
pliance with the program requirements under 
subparagraphs (A)(ii) through (F) of subsection 
(c)(2). 
‘‘(B) 
NONCOMPLIANCE
DURING
ADDI-
TIONAL PERIODS.—The Secretary shall termi-
nate the country’s participation in the program 
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986 
if the Secretary determines during the latest 
periodic evaluation required by subsection 
(c)(5)(A) that the program country continues to 
be in noncompliance with the program require-
ments under subparagraphs (A)(ii) through (F) 
of subsection (c)(2). 
‘‘(5) EFFECTIVE DATE.—The termination of a 
country’s participation in the program under para-
graph (3)(B) or (4)(B) shall take effect on the first 
day of the first fiscal year following the fiscal year 
in which the Secretary determines that such partici-
pation shall be terminated. Until such date, nation-
als of the country shall remain eligible for a waiver 
under subsection (a). 
‘‘(6) TREATMENT OF NATIONALS AFTER TERMI-
NATION.—For purposes of this subsection and sub-
section (d)— 
‘‘(A) nationals of a country whose designa-
tion is terminated under paragraph (3) or (4) 
shall remain eligible for a waiver under sub-
section (a) until the effective date of such ter-
mination; and 
‘‘(B) a waiver under this section that is 
provided to such a national for a period de-
scribed in subsection (a)(1) shall not, by such 
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987 
termination, be deemed to have been rescinded 
or otherwise rendered invalid, if the waiver is 
granted prior to such termination. 
‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY 
OF STATE.—In this subsection, references to sub-
paragraphs (A)(ii) through (F) of subsection (c)(2) 
and subsection (c)(5)(A) carry with them the con-
sultative role of the Secretary of State as provided 
in those provisions.’’. 
(e) REVIEW
OF OVERSTAY TRACKING METHOD-
OLOGY.—Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the 
United States shall conduct a review of the methods used 
by the Secretary— 
(1) to track aliens entering and exiting the 
United States; and 
(2) to detect any such alien who stays longer 
than such alien’s period of authorized admission. 
(f) EVALUATION
OF
ELECTRONIC
SYSTEM
FOR 
TRAVEL AUTHORIZATION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary shall 
submit to Congress— 
(1) an evaluation of the security risks of aliens 
who enter the United States without an approved 
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988 
Electronic 
System 
for 
Travel 
Authorization 
verification; and 
(2) a description of any improvements needed 
to minimize the number of aliens who enter the 
United States without the verification described in 
paragraph (1). 
(g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW 
OF PROGRAM COUNTRIES.—It is the sense of Congress 
that the Secretary, in the process of conducting evalua-
tions of countries participating in the visa waiver program 
under section 217 of the Immigration and Nationality Act 
(8 U.S.C. 1187), should prioritize the reviews of countries 
in which circumstances indicate that such a review is nec-
essary or desirable. 
(h) ELIGIBILITY OF HONG KONG SPECIAL ADMINIS-
TRATIVE REGION FOR DESIGNATION FOR PARTICIPATION 
IN VISA WAIVER PROGRAM FOR CERTAIN VISITORS TO 
THE
UNITED
STATES.—Section 217(c) (8 U.S.C. 
1187(c)) is amended by adding at the end the following 
new paragraph: 
‘‘(12) ELIGIBILITY
OF
CERTAIN
REGION
FOR 
DESIGNATION
AS
PROGRAM
COUNTRY.—The Hong 
Kong Special Administrative Region of the People’s 
Republic of China— 
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989 
‘‘(A) shall be eligible for designation as a 
program country for purposes of this sub-
section; and 
‘‘(B) may be designated as a program 
country for purposes of this subsection if such 
region meets requirements applicable for such 
designation in this subsection.’’. 
SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS. 
Section 7208(k)(4) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) 
is amended to read as follows: 
‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI-
TORS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may expand the enrollment 
across registered traveler programs to include 
eligible individuals employed by international 
organizations, selected by the Secretary, which 
maintain strong working relationships with the 
United States. 
‘‘(B) REQUIREMENTS.—An individual may 
not be enrolled in a registered traveler program 
unless— 
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990 
‘‘(i) the individual is sponsored by an 
international organization selected by the 
Secretary under subparagraph (A); and 
‘‘(ii) the government that issued the 
passport that the individual is using has 
entered into a Trusted Traveler Arrange-
ment with the Department of Homeland 
Security to participate in a registered trav-
eler program. 
‘‘(C) SECURITY REQUIREMENTS.—An indi-
vidual may not be enrolled in a registered trav-
eler program unless the individual has success-
fully completed all applicable security require-
ments established by the Secretary, including 
cooperation from the applicable foreign govern-
ment, to ensure that the individual does not 
pose a risk to the United States. 
‘‘(D) DISCRETION.—Except as provided in 
subparagraph (E), the Secretary shall retain 
unreviewable discretion to offer or revoke en-
rollment in a registered traveler program to any 
individual. 
‘‘(E) INELIGIBLE
TRAVELERS.—An indi-
vidual who is a citizen of a state sponsor of ter-
rorism (as defined in section 301(13) of the 
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991 
Comprehensive Iran Sanctions, Accountability, 
and Divestment Act of 2010 (22 U.S.C. 
8541(13)) may not be enrolled in a registered 
traveler program.’’. 
SEC. 4508. VISA PROCESSING. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and not later than 90 days after the date of 
the enactment of this Act, the Secretary of State shall— 
(1) require United States diplomatic and con-
sular missions— 
(A) to conduct visa interviews for non-
immigrant visa applications determined to re-
quire a consular interview in an expeditious 
manner, consistent with national security re-
quirements, and in recognition of resource allo-
cation considerations, such as the need to en-
sure provision of consular services to citizens of 
the United States; 
(B) to set a goal of interviewing 80 percent 
of all nonimmigrant visa applicants, worldwide, 
within 3 weeks of receipt of application, subject 
to the conditions outlined in subparagraph (A); 
and 
(C) to explore expanding visa processing 
capacity in China and Brazil, with the goal of 
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992 
maintaining interview wait times under 15 work 
days on a consistent, year-round basis, recog-
nizing that demand can spike suddenly and un-
predictably and that the first priority of United 
States missions abroad is the protection of citi-
zens of the United States; and 
(2) submit to the appropriate committees of 
Congress a detailed strategic plan that describes the 
resources needed to carry out paragraph (1)(A). 
(b) APPROPRIATE COMMITTEES OF CONGRESS.—In 
this section, the term ‘‘appropriate committees of Con-
gress’’ means— 
(1) the Committee on the Judiciary, the Com-
mittee on Foreign Relations, and the Committee on 
Appropriations of the Senate; and 
(2) the Committee on the Judiciary, the Com-
mittee on Foreign Affairs, and the Committee on 
Appropriations of the House of Representatives. 
(c) SEMI-ANNUAL REPORT.—Not later than 30 days 
after the end of the first 6 months after the implementa-
tion of subsection (a), and not later than 30 days after 
the end of each subsequent quarter, the Secretary of State 
shall submit to the appropriate committees of Congress 
a report that provides— 
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993 
(1) data substantiating the efforts of the Sec-
retary of State to meet the requirements and goals 
described in subsection (a); 
(2) any factors that have negatively impacted 
the efforts of the Secretary to meet such require-
ments and goals; and 
(3) any measures that the Secretary plans to 
implement to meet such requirements and goals. 
(d) SAVINGS PROVISION.— 
(1) IN GENERAL.—Nothing in subsection (a) 
may be construed to affect a consular officer’s au-
thority— 
(A) to deny a visa application under sec-
tion 221(g) of the Immigration and Nationality 
Act (8 U.S.C. 1201(g)); or 
(B) to initiate any necessary or appro-
priate security-related check or clearance. 
(2) SECURITY CHECKS.—The completion of a 
security-related check or clearance shall not be sub-
ject to the time limits set out in subsection (a). 
SEC. 4509. B VISA FEE. 
Section 281 (8 U.S.C. 1351), as amended by sections 
4105, 4407, and 4408, is further amended by adding at 
the end the following: 
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994 
‘‘(g) B VISA FEE.—In addition to the fees authorized 
under subsection (a), the Secretary of Homeland Security 
shall collect a $5 fee from each nonimmigrant admitted 
under section 101(a)(15)(B). Fees collected under this 
subsection shall be deposited into the Comprehensive Im-
migration Reform Trust Fund established under section 
9(a)(1) of the Border Security, Economic Opportunity, 
and Immigration Modernization Act.’’. 
Subtitle F—Reforms to the H–2B 
Visa Program 
SEC. 4601. EXTENSION OF RETURNING WORKER EXEMP-
TION TO H–2B NUMERICAL LIMITATION. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Subparagraph (A) of para-
graph (10) of section 214(g) (8 U.S.C. 1184(g)), as 
redesignated by section 4101(a)(3), is amended by 
striking ‘‘fiscal year 2004, 2005, or 2006 shall not 
again be counted toward such limitation during fis-
cal year 2007.’’ and inserting ‘‘fiscal year 2013 shall 
not again be counted toward such limitation during 
fiscal years 2014 through 2018.’’. 
(2) 
EFFECTIVE
PERIOD.—The 
amendment 
made by paragraph (1) shall be effective during the 
period beginning on the effective date described in 
subsection (c) and ending on September 30, 2018. 
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(b) TECHNICAL AND CLARIFYING AMENDMENTS.— 
(1) 
NONIMMIGRANT
STATUS.—Section 
101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amend-
ed— 
(A) in clause (iii), by striking ‘‘or’’ at the 
end; 
(B) in clause (iv), by striking ‘‘clause (i), 
(ii), or (iii),’’ and inserting ‘‘clause (i), (ii), (iii), 
or (iv)’’; 
(C) by redesignating clause (iv) as clause 
(v); and 
(D) by inserting after clause (iii) the fol-
lowing: 
‘‘(iv) is a ski instructor, who has been 
certified as a level I, II, or III ski and 
snowboard instructor by the Professional 
Ski Instructors of America or the Amer-
ican Association of Snowboard Instructors, 
or received an equivalent certification in 
the alien’s country of origin, and is seeking 
to enter the United States temporarily to 
perform instructing services; or’’. 
(2) AUTHORIZED PERIOD OF STAY; NUMERICAL 
LIMITATION.—Section 
214(a)(2)(B) 
(8 
U.S.C. 
1184(a)(2)(B)) is amended in the second sentence— 
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996 
(A) by inserting ‘‘or ski instructors’’ after 
‘‘athletes’’; and 
(B) by inserting ‘‘or ski instructor’’ after 
‘‘athlete’’. 
(3) CONSTRUCTION.—Nothing in the amend-
ments made by this subsection may be construed as 
preventing an alien who is a ski instructor from ob-
taining 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such 
alien is otherwise qualified for such status. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if enacted on January 
1, 2013. 
SEC. 4602. OTHER REQUIREMENTS FOR H–2B EMPLOYERS. 
Section 214 (8 U.S.C. 1184), as amended by sections 
3609, 4233, 4405, 4503, and 4504, is further amended 
by adding at the end the following: 
‘‘(x) REQUIREMENTS FOR H–2B EMPLOYERS.— 
‘‘(1) H–2B NONIMMIGRANT DEFINED.—In this 
subsection the term ‘H–2B nonimmigrant’ means an 
alien admitted to the United States pursuant to sec-
tion 101(a)(15)(H)(ii)(B). 
‘‘(2) NON-DISPLACEMENT OF UNITED STATES 
WORKERS.—An employer who seeks to employ an 
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997 
H–2B nonimmigrant admitted in an occupational 
classification shall certify and attest that the em-
ployer did not displace and will not displace a 
United States worker employed by the employer in 
the same metropolitan statistical area where such 
nonimmigrant will be hired within the period begin-
ning 90 days before the start date and ending on the 
end date for which the employer is seeking the serv-
ices of such nonimmigrant as specified on an appli-
cation for labor certification under this Act. 
‘‘(3) TRANSPORTATION COSTS.—The employer 
shall pay the transportation costs, including reason-
able subsistence costs during the period of travel, for 
an H–2B nonimmigrant hired by the employer— 
‘‘(A) from the place of recruitment to the 
place of such nonimmigrant’s employment; and 
‘‘(B) from the place of employment to such 
nonimmigrant’s place of permanent residence or 
a subsequent worksite. 
‘‘(4) PAYMENT OF FEES.—A fee related to the 
hiring of an H–2B nonimmigrant required to be 
paid by an employer under this Act shall be paid by 
the employer and may not be deducted from the 
wages or other compensation paid to an H–2B non-
immigrant. 
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998 
‘‘(5) H–2B NONIMMIGRANT
LABOR
CERTIFI-
CATION APPLICATION FEE.— 
‘‘(A) IN
GENERAL.—To recover costs of 
carrying out labor certification activities under 
the H–2B program, the Secretary of Labor 
shall impose a $500 fee on an employer that 
submits an application for an employment cer-
tification 
for 
aliens 
granted 
H–2B 
non-
immigrant status to the Secretary of Labor 
under this subparagraph on or after the date 
that is 30 days after the date of the enactment 
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996.’’. 
‘‘(B) USE
OF
FEES.—The fees collected 
under subparagraph (A) shall be deposited in 
the Comprehensive Immigration Reform Trust 
Fund established under section 9 of the Border 
Security, Economic Opportunity, and Immigra-
tion Modernization Act.’’. 
SEC. 4603. EXECUTIVES AND MANAGERS. 
Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended 
by adding at the end the following: ‘‘Aliens admitted under 
section 101(a)(15) should include— 
‘‘(A) executives and managers employed by a 
firm or corporation or other legal entity or an affil-
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999 
iate or subsidiary thereof who are principally sta-
tioned abroad and who seek to enter the United 
States for periods of 90 days or less to oversee and 
observe the United States operations of their related 
companies, and establish strategic objectives when 
needed; or 
‘‘(B) employees of multinational corporations 
who enter the United States to observe the oper-
ations of a related United States company and par-
ticipate in select leadership and development train-
ing activities, whether or not the activity is part of 
a formal or classroom training program for a period 
not to exceed 180 days. 
Nonimmigrant aliens admitted pursuant to section 
101(a)(15) and engaged in the activities described in 
the subparagraph (A) or (B) may not receive a sal-
ary from a United States source, except for inci-
dental expenses for meals, travel, lodging and other 
basic services.’’. 
SEC. 4604. HONORARIA. 
Section 212(q) (8 U.S.C. 1182(q)) is amended to 
read as follows: 
‘‘(q)(1) 
Any 
alien 
admitted 
under 
section 
101(a)(15)(B) may accept an honorarium payment and 
associated incidental expenses, for a usual academic activ-
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1000 
ity or activities (lasting not longer than 9 days at any sin-
gle institution), as defined by the Attorney General in con-
sultation with the Secretary of Education, or for a per-
formance, appearance and participation in United States 
based programming, including scripted or unscripted pro-
gramming (with services not rendered for more than 60 
days in a 6 month period) if the alien has received a letter 
of invitation from the institution, organization, or media 
outlet, such payment is offered by an institution, organiza-
tion, or media outlet described in paragraph (2) and is 
made for services conducted for the benefit of that institu-
tion, entity or media outlet and if the alien has not accept-
ed such payment or expenses from more than 5 institu-
tions, organizations, or media outlets in the previous 6- 
month period. Any alien who is admitted under section 
101(a)(15)(B) or any other valid visa may perform serv-
ices under this section without reentering the United 
States and without a letter of invitation, if the alien does 
not receive any remuneration including an honorarium 
payment or incidental expenses, but may receive prize 
money. 
‘‘(2) An institution, organization, or media outlet de-
scribed in this paragraph— 
‘‘(A) an institution of higher education (as de-
fined in section 101(a) of the Higher Education Act 
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1001 
of 1965 (20 U.S.C. 1001(a))) or a related or affili-
ated nonprofit entity; 
‘‘(B) a nonprofit research organization or a 
governmental research organization; and 
‘‘(C) a broadcast network, cable entity, produc-
tion company, new media, Internet and mobile based 
companies, who create or distribute programming 
content.’’. 
SEC. 4605. NONIMMIGRANTS PARTICIPATING IN RELIEF OP-
ERATIONS. 
Section 214 (8 U.S.C. 1184), as amended by sections 
3609, 4233, 4405, 4503, 4504, and 4602, is further 
amended by adding at the end following: 
‘‘(y) NONIMMIGRANTS PARTICIPATING
IN RELIEF 
OPERATIONS.— 
‘‘(1) IN GENERAL.—An alien coming individ-
ually, or aliens coming as a group, to participate in 
relief operations, including critical infrastructure re-
pairs or improvements, needed in response to a Fed-
eral or State declared emergency or disaster, may be 
admitted to the United States pursuant to section 
101(a)(15)(B) for a period of not more than 90 days 
if each such alien has been employed in a foreign 
country by 1 employer for not less than 1 year prior 
to the date the alien is so admitted. 
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1002 
‘‘(2) PROHIBITION ON DIRECT PAYMENTS FROM 
A UNITED STATES SOURCE.—During a period of ad-
mission pursuant to paragraph (1), an alien may not 
receive direct payments from a United States source, 
except for incidental expenses for meals, travel, lodg-
ing, and other basic services.’’. 
SEC. 4606. NONIMMIGRANTS PERFORMING MAINTENANCE 
ON COMMON CARRIERS. 
Section 214 (8 U.S.C. 1184), as amended by sections 
3609, 4233, 4405, 4503, 4504, 4602, and 4603, is further 
amended by adding at the end following: 
‘‘(z) NONIMMIGRANTS PERFORMING MAINTENANCE 
ON COMMON CARRIER.— 
‘‘(1) IN GENERAL.—An alien coming individ-
ually, or aliens coming as a group, who possess spe-
cialized knowledge to perform maintenance or re-
pairs for common carriers, including to airlines, 
cruise lines, and railways, if such maintenance or re-
pairs are occurring to equipment or machinery man-
ufactured outside of the United States and are need-
ed for purposes relating to life, health, and safety, 
may be admitted to the United States pursuant to 
section 101(a)(15)(B) for a period of not more than 
90 days if each such alien has been employed in a 
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foreign country by 1 employer for not less than 1 
year prior to the date the alien is so admitted. 
‘‘(2) PROHIBITION ON INCOME FROM A UNITED 
STATES
SOURCE.—During a period of admission 
pursuant to paragraph (1), an alien may not receive 
income from a United States source, except for inci-
dental expenses for meals, travel, lodging, and other 
basic services. 
‘‘(3) FEE.— 
‘‘(A) IN
GENERAL.—An alien admitted 
pursuant to paragraph (1) shall pay a fee of 
$500 in addition to any fee assessed to cover 
the costs to process an application under this 
subsection. 
‘‘(B) USE
OF
FEE.—The fees collected 
under subparagraph (A) shall be deposited in 
the Comprehensive Immigration Reform Trust 
Fund established under section 9(a)(1) of the 
Border Security, Economic Opportunity, and 
Immigration Modernization Act.’’. 
SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘American Jobs in American Forests Act of 2013’’. 
(b) DEFINITIONS.—In this section: 
(1) FORESTRY.—The term ‘‘forestry’’ means— 
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1004 
(A) propagating, protecting, and managing 
forest tracts; 
(B) felling trees and cutting them into 
logs; 
(C) using hand tools or operating heavy 
powered equipment to perform activities such as 
preparing sites for planting, tending crop trees, 
reducing competing vegetation, moving logs, pil-
ing brush, and yarding and trucking logs from 
the forest; and 
(D) planting seedlings and trees. 
(2) H–2B NONIMMIGRANT.—The term ‘‘H–2B 
nonimmigrant’’ means a nonimmigrant described in 
section 101(a)(15)(H)(ii)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
(3) PROSPECTIVE H–2B EMPLOYER.—The term 
‘‘prospective H–2B employer’’ means a United 
States business that is considering employing 1 or 
more 
nonimmigrants 
described 
in 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
(4) STATE
WORKFORCE
AGENCY.—Except as 
used in subsection (c), the term ‘‘State workforce 
agency’’ means the workforce agency of the State in 
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1005 
which the prospective H–2B employer intends to em-
ploy H–2B nonimmigrants. 
(c) DEPARTMENT OF LABOR.— 
(1) RECRUITMENT.—As a component of the 
labor certification process required before H–2B 
nonimmigrants are offered forestry employment in 
the United States, the Secretary of Labor shall re-
quire all prospective H–2B employers, before they 
submit a petition to hire H–2B nonimmigrants to 
work in forestry, to conduct a robust effort to re-
cruit United States workers, including, to the extent 
the State workforce agency considers appropriate— 
(A) advertising at employment or job- 
placement events, such as job fairs; 
(B) advertising with State or local work-
force agencies, nonprofit organizations, or other 
appropriate entities, and working with such en-
tities to identify potential employees; 
(C) advertising in appropriate media, in-
cluding local radio stations and commonly used, 
reputable Internet job-search sites; and 
(D) such other recruitment strategies as 
the State workforce agency considers appro-
priate for the sector or positions for which H– 
2B nonimmigrants would be considered. 
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1006 
(2) SEPARATE PETITIONS.—A prospective H– 
2B employer shall submit a separate petition for 
each State in which the employer plans to employ 
H–2B nonimmigrants in forestry for a period of 7 
days or longer. 
(d) STATE WORKFORCE AGENCIES.—The Secretary 
of Labor may not grant a temporary labor certification 
to a prospective H–2B employer seeking to employ H–2B 
nonimmigrants in forestry until after the Director of the 
State workforce agency— 
(1) has, after formally consulting with the 
workforce agency director of each contiguous State 
listed on the prospective H–2B employer’s applica-
tion, determined that— 
(A) the employer has complied with all re-
cruitment requirements set forth in subsection 
(c) and there is a legitimate demand for the 
employment of H–2B nonimmigrants in each of 
those States; or 
(B) the employer has amended the applica-
tion by removing or making appropriate modi-
fications with respect to the States in which the 
criteria set forth in subparagraph (A) have not 
been met; 
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1007 
(2) certifies that the prospective H–2B em-
ployer has complied with all recruitment require-
ments set forth in subsection (c) or any other appli-
cable provision of law; and 
(3) makes a formal determination that nation-
als of the United States are not qualified or avail-
able to fill the employment opportunities offered by 
the prospective H–2B employer. 
Subtitle G—W Nonimmigrant Visas 
SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET 
RESEARCH. 
(a) DEFINITIONS.—In this section: 
(1) BUREAU.—Except as otherwise specifically 
provided, the term ‘‘Bureau’’ means the Bureau of 
Immigration and Labor Market Research established 
under subsection (b). 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau. 
(3) CONSTRUCTION
OCCUPATION.—The term 
‘‘construction occupation’’ means an occupation clas-
sified by the Bureau of Labor Statistics as being 
within the construction industry for the purposes of 
publishing the Bureau’s workforce statistics. 
(4) METROPOLITAN
STATISTICAL
AREA.—The 
term ‘‘metropolitan statistical area’’ means a geo-
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1008 
graphic area designated as a metropolitan statistical 
area by the Director of the Office of Management 
and Budget. 
(5) SHORTAGE OCCUPATION.—The term ‘‘short-
age occupation’’ means an occupation that the Com-
missioner determines is experiencing a shortage of 
labor— 
(A) throughout the United States; or 
(B) in a specific metropolitan statistical 
area. 
(6) W VISA PROGRAM.—The term ‘‘W Visa Pro-
gram’’ means the program for the admission of non-
immigrant aliens described in subparagraph (W)(i) 
of section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)), as added by 
section 4702. 
(7) ZONE 1 OCCUPATION.—The term ‘‘zone 1 
occupation’’ means an occupation that requires little 
or no preparation and is classified as a zone 1 occu-
pation on— 
(A) the Occupational Information Network 
Database (O*NET) on the date of the enact-
ment of this Act; or 
(B) such Database or a similar successor 
database, as designated by the Secretary of 
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1009 
Labor, after the date of the enactment of this 
Act. 
(8) ZONE 2 OCCUPATION.—The term ‘‘zone 2 
occupation’’ means an occupation that requires some 
preparation and is classified as a zone 2 occupation 
on— 
(A) the Occupational Information Network 
Database (O*NET) on the date of the enact-
ment of this Act; or 
(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
Act. 
(9) ZONE 3 OCCUPATION.—The term ‘‘zone 3 
occupation’’ means an occupation that requires me-
dium preparation and is classified as a zone 3 occu-
pation on— 
(A) the Occupational Information Network 
Database (O*NET) on the date of the enact-
ment of this Act; or 
(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
Act. 
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1010 
(b) ESTABLISHMENT.—There is established a Bureau 
of Immigration and Labor Market Research as an inde-
pendent statistical agency within U.S. Citizenship and Im-
migration Services. 
(c) COMMISSIONER.—The head of the Bureau of Im-
migration and Labor Market Research is the Commis-
sioner, who shall be appointed by the President, by and 
with the advice and consent of the Senate. 
(d) DUTIES.—The duties of the Commissioner are 
limited to the following: 
(1) To devise a methodology subject to publica-
tion in the Federal Register and an opportunity for 
public comment regarding the calculation for the 
index referred to in section 220(g)(2)(C) of the Im-
migration and Nationality Act, as added by section 
4703. 
(2) To determine and to publish in the Federal 
Register the annual change to the numerical limita-
tion for nonimmigrant aliens described in subpara-
graph (W)(i) of section 101(a)(15) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)), as 
added by section 4702. 
(3) With respect to the W Visa Program, to 
supplement the recruitment methods employers may 
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1011 
use to attract United States workers and current 
nonimmigrant aliens described in paragraph (2). 
(4) With respect to the W Visa Program, to de-
vise a methodology subject to publication in the Fed-
eral Register and an opportunity for public comment 
to designate shortage occupations in zone 1 occupa-
tions, zone 2 occupations, and zone 3 occupations. 
(5) With respect to the W Visa Program, to 
designate shortage occupations in any zone 1 occu-
pation, zone 2 occupation, or zone 3 occupation and 
publish such occupations in the Federal Register. 
(6) With respect to the W Visa Program, to 
conduct a survey once every 3 months of the unem-
ployment rate of zone 1 occupations, zone 2 occupa-
tions, or zone 3 occupations that are construction 
occupations in each metropolitan statistical area. 
(7) To study and report to Congress on employ-
ment-based immigrant and nonimmigrant visa pro-
grams in the United States and to make annual rec-
ommendations to improve such programs. 
(8) To carry out any functions required to per-
form the duties described in paragraphs (1) through 
(7). 
(e) DETERMINATION OF CHANGES TO NUMERICAL 
LIMITATIONS.—The methodology required under sub-
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1012 
section (d)(1) shall be published in the Federal Register 
not later than 18 months after the date of the enactment 
of this Act. 
(f) DESIGNATION OF SHORTAGE OCCUPATIONS.— 
(1) METHODS TO DETERMINE.—The Commis-
sioner shall— 
(A) establish the methodology to designate 
shortage occupations under subsection (d)(4); 
and 
(B) publish such methodology in the Fed-
eral Register not later than 18 months after the 
date of the enactment of this Act. 
(2) PETITION
BY
EMPLOYER.—The method-
ology established under paragraph (1) shall permit 
an employer to petition the Commissioner for a de-
termination that a particular occupation in a par-
ticular metropolitan statistical area is a shortage oc-
cupation. 
(3) REQUIREMENT
FOR
NOTICE
AND
COM-
MENT.—The methodology established under para-
graph (1) shall be effective only after publication in 
the Federal Register and an opportunity for public 
comment. 
(g) EMPLOYEE EXPERTISE.—The employees of the 
Bureau shall have the expertise necessary to identify labor 
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1013 
shortages in the United States and make recommenda-
tions to the Commissioner on the impact of immigrant and 
nonimmigrant aliens on labor markets in the United 
States, including expertise in economics, labor markets, 
demographics and methods of recruitment of United 
States workers. 
(h) INTERAGENCY COOPERATION.—At the request of 
the Commissioner, the Secretary of Commerce, the Direc-
tor of the Bureau of the Census, the Secretary of Labor, 
and the Commissioner of the Bureau of Labor Statistics 
shall— 
(1) provide data to the Commissioner; 
(2) conduct appropriate surveys; and 
(3) assist the Commissioner in preparing the 
recommendations referred to subsection (d)(5). 
(i) BUDGET.— 
(1) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Director of 
U.S. Citizenship and Immigration Services shall sub-
mit to Congress a report of the estimated budget 
that the Bureau will need to carry out the duties de-
scribed in subsection (d). 
(2) AUDIT.—The Comptroller General of the 
United States shall submit to Congress a report that 
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1014 
is an audit of the budget prepared by the Director 
under paragraph (1). 
(j) FUNDING.— 
(1) APPROPRIATION OF FUNDS.—There is here-
by appropriated, out of any money in the Treasury 
not otherwise appropriated, $20,000,000 to establish 
the Bureau. 
(2) USE
OF
W
NONIMMIGRANT
FEES.—The 
amounts 
collected 
for 
fees 
under 
section 
220(e)(6)(B) of the Immigration and Nationality 
Act, as added by section 4703, shall be used to es-
tablish and fund the Bureau. 
(3) OTHER FEES.—The Secretary may establish 
other fees for the sole purpose of funding the W 
Visa Program, including the Bureau, that are re-
lated to the hiring of alien workers. 
SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NON-
IMMIGRANTS. 
Section 101(a)(15)(W), as added by section 2211, is 
amended by inserting before clause (iii) the following: 
‘‘(i) to perform services or labor for a 
registered nonagricultural employer in a 
registered position (as those terms are de-
fined in section 220(a)) in accordance with 
the requirements under section 220; 
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‘‘(ii) to accompany or follow to join 
such an alien described in clause (i) as the 
spouse or child of such alien;’’. 
SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS. 
(a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 
1181 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BUREAU.—The term ‘Bureau’ means the 
Bureau of Immigration and Labor Market Research 
established by section 4701 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996. 
‘‘(2) CERTIFIED
ALIEN.—The term ‘certified 
alien’ means an alien that the Secretary of State has 
certified is eligible to be a W nonimmigrant if the 
alien is hired by a registered employer for a reg-
istered position. 
‘‘(3) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of the Bureau. 
‘‘(4) CONSTRUCTION OCCUPATION.—The term 
‘construction occupation’ means an occupation de-
fined by the Bureau of Labor Statistics as being 
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within the construction industry for the purposes of 
publishing the Bureau’s workforce statistics. 
‘‘(5) DEPARTMENT.—Except as otherwise pro-
vided, the term ‘Department’ means the Department 
of Homeland Security. 
‘‘(6) ELIGIBLE OCCUPATION.—The term ‘eligi-
ble occupation’ means an eligible occupation de-
scribed in subsection (e)(3). 
‘‘(7) EMPLOYER.— 
‘‘(A) IN GENERAL.—The term ‘employer’ 
means any person or entity hiring an individual 
for employment in the United States. 
‘‘(B) 
TREATMENT
OF
SINGLE
EM-
PLOYER.—For purposes of determining the 
number of employees or United States workers 
employed by an employer, a single entity shall 
be treated as 1 employer. 
‘‘(8) EXCLUDED GEOGRAPHIC LOCATION.—The 
term ‘excluded geographic location’ means an ex-
cluded geographic location described in subsection 
(f). 
‘‘(9) INITIAL
W
NONIMMIGRANT.—The term 
‘initial W nonimmigrant’ means a certified alien 
issued a W nonimmigrant visa by the Secretary of 
State pursuant to section 101(a)(15)(W)(i) in order 
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to seek initial admission to the United States to 
commence employment for a registered employer in 
a registered position subject to the numerical limit 
at section 220(g). 
‘‘(10) METROPOLITAN
STATISTICAL
AREA.— 
The term ‘metropolitan statistical area’ means a ge-
ographic area designated as a metropolitan statis-
tical area by the Director of the Office of Manage-
ment and Budget. 
‘‘(11) REGISTERED
EMPLOYER.—The term 
‘registered employer’ means a nonagricultural em-
ployer that the Secretary has designated as a reg-
istered employer under subsection (d). 
‘‘(12) SECRETARY.—Except as otherwise spe-
cifically provided, the term ‘Secretary’ means the 
Secretary of Homeland Security. 
‘‘(13) SINGLE ENTITY.—The term ‘single enti-
ty’ means any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 
of the Internal Revenue Code of 1986. 
‘‘(14) 
SHORTAGE
OCCUPATION.—The 
term 
‘shortage occupation’ means a shortage occupation 
designated by the Commissioner pursuant to section 
4701(d)(4) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996. 
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‘‘(15) SMALL BUSINESS.—The term ‘small busi-
ness’ means an employer that employs 25 or fewer 
full-time equivalent employees. 
‘‘(16) UNITED
STATES
WORKER.—The term 
‘United States worker’ means an individual who is— 
‘‘(A) employed or seeking employment in 
the United States; and 
‘‘(B)(i) a national of the United States; 
‘‘(ii) an alien lawfully admitted for perma-
nent residence; 
‘‘(iii) an alien in Registered Provisional 
Immigrant Status; or 
‘‘(iv) any other alien authorized to work in 
the United States with no limitation as to the 
alien’s employer. 
‘‘(17) W NONIMMIGRANT.—The term ‘W non-
immigrant’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(W)(i). 
‘‘(18) W NONIMMIGRANT VISA.—The term ‘W 
nonimmigrant visa’ means a visa issued to a cer-
tified alien by the Secretary of State pursuant to 
section 101(a)(15)(W)(i). 
‘‘(19) W VISA PROGRAM.—The term ‘W Visa 
Program’ means the program for the admission of 
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nonimmigrant 
aliens 
described 
in 
section 
101(a)(15)(W)(i). 
‘‘(20) ZONE 1 OCCUPATION.—The term ‘zone 1 
occupation’ means an occupation that requires little 
or no preparation and is classified as a zone 1 occu-
pation on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996. 
‘‘(21) ZONE 2 OCCUPATION.—The term ‘zone 2 
occupation’ means an occupation that requires some 
preparation and is classified as a zone 2 occupation 
on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
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‘‘(A) alien spouse and minor children of a 
W nonimmigrant may be admitted to the 
United States pursuant to clause (ii) of section 
101(a)(15)(W) during the period of the prin-
cipal W nonimmigrant’s admission; and 
‘‘(B) such alien spouse shall be— 
‘‘(i) authorized to engage in employ-
ment in the United States during such pe-
riod of admission; and 
‘‘(ii) provided with an employment au-
thorization document, stamp, or other ap-
propriate work permit. 
‘‘(c) W NONIMMIGRANTS.— 
‘‘(1) CERTIFIED ALIEN.— 
‘‘(A) APPLICATION.—An alien seeking to 
be a W nonimmigrant shall apply to the Sec-
retary of State at a United States embassy or 
consulate in a foreign country to be a certified 
alien. 
‘‘(B) CRITERIA.—An alien is eligible to be 
a certified alien if the alien— 
‘‘(i) is not inadmissible under this 
Act; 
‘‘(ii) passes a criminal background 
check; 
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‘‘(iii) agrees to accept only registered 
positions in the United States; and 
‘‘(iv) meets other criteria as estab-
lished by the Secretary. 
‘‘(2) W NONIMMIGRANT STATUS.—Only an alien 
that is a certified alien may be admitted to the 
United States as a W nonimmigrant. 
‘‘(3) 
INITIAL
EMPLOYMENT.—A 
W 
non-
immigrant shall report to such nonimmigrant’s ini-
tial employment in a registered position not later 
than 14 days after such nonimmigrant is admitted 
to the United States. 
‘‘(4) TERM OF ADMISSION.— 
‘‘(A) INITIAL TERM.—A certified alien may 
be granted W nonimmigrant status for an ini-
tial period of 3 years. 
‘‘(B) RENEWAL.—A W nonimmigrant may 
renew his or her status as a W nonimmigrant 
for additional 3-year periods. Such a renewal 
may be made while the W nonimmigrant is in 
the United States and shall not require the 
alien to depart the United States. 
‘‘(5) PERIODS OF UNEMPLOYMENT.—A W non-
immigrant— 
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‘‘(A) may be unemployed for a period of 
not more than 60 consecutive days; and 
‘‘(B) shall depart the United States if such 
W nonimmigrant is unable to obtain employ-
ment during such period. 
‘‘(6) TRAVEL.—A W nonimmigrant may travel 
outside the United States and be readmitted to the 
United States. Such travel may not extend the pe-
riod of authorized admission of such W non-
immigrant. 
‘‘(d) REGISTERED EMPLOYER.— 
‘‘(1) APPLICATION.—An employer seeking to be 
a registered employer shall submit an application to 
the Secretary. Each such application shall include 
the following: 
‘‘(A) Documentation to establish that the 
employer is a bona-fide employer. 
‘‘(B) The employer’s Federal tax identi-
fication number or employer identification num-
ber issued by the Internal Revenue Service. 
‘‘(C) The number of W nonimmigrants the 
employer estimates it will seek to employ annu-
ally. 
‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 
The Secretary may refer an application submitted 
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under paragraph (1) or subsection (e)(1)(A) to the 
Fraud Detection and National Security Directorate 
of U.S. Citizenship and Immigration Services if 
there is evidence of fraud for potential investigation. 
‘‘(3) INELIGIBLE EMPLOYERS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other applicable penalties under law, the Sec-
retary may deny an employer’s application to be 
a registered employer if the Secretary deter-
mines, after notice and an opportunity for a 
hearing, that the employer submitting such ap-
plication— 
‘‘(i) has, with respect to the applica-
tion required under paragraph (1), includ-
ing any attestations required by law— 
‘‘(I) knowingly misrepresented a 
material fact; 
‘‘(II) knowingly made a fraudu-
lent statement; or 
‘‘(III) knowingly failed to comply 
with the terms of such attestations; or 
‘‘(ii) failed to cooperate in the audit 
process in accordance with regulations pro-
mulgated by the Secretary; 
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‘‘(iii) has been convicted of an offense 
set out in chapter 77 of title 18, United 
States Code, or any conspiracy to commit 
such offenses, or any human trafficking of-
fense under State or territorial law; 
‘‘(iv) has, within 2 years prior to the 
date of application— 
‘‘(I) received a final adjudication 
of having committed any hazardous 
occupation orders violation resulting 
in injury or death under the child 
labor provisions contained in section 
12 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 211) and any per-
tinent regulation; 
‘‘(II) received a final adjudication 
assessing a civil money penalty for 
any repeated or willful violation of the 
minimum wage provisions of section 6 
of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206); or 
‘‘(III) received a final adjudica-
tion assessing a civil money penalty 
for any willful violation of the over-
time provisions of section 7 of the 
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Fair Labor Standards Act of 1938 or 
any regulations thereunder; or 
‘‘(v) has, within 2 years prior to the 
date of application, received a final adju-
dication for a willful violation or repeated 
serious 
violations 
involving 
injury 
or 
death— 
‘‘(I) of section 5 of the Occupa-
tional Safety and Health Act of 1970 
(29 U.S.C. 654); 
‘‘(II) of any standard, rule, or 
order promulgated pursuant to section 
6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655); 
or 
‘‘(III) of a plan approved under 
section 18 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
667). 
‘‘(B) LENGTH OF INELIGIBILITY.— 
‘‘(i) TEMPORARY INELIGIBILITY.—An 
employer described in subparagraph (A) 
may be ineligible to be a registered em-
ployer for a period that is not less than the 
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time period determined by the Secretary 
and not more than 3 years. 
‘‘(ii) PERMANENT
INELIGIBILITY.— 
An employer who has been convicted of 
any offense set out in chapter 77 of title 
18, United States Code, or any conspiracy 
to commit such offenses, or any human 
trafficking offense under State or terri-
torial law shall be permanently ineligible to 
be a registered employer. 
‘‘(4) TERM OF REGISTRATION.—The Secretary 
shall approve applications meeting the criteria of 
this subsection for a term of 3 years. 
‘‘(5) RENEWAL.—An employer may submit an 
application to renew the employer’s status as a reg-
istered employer for additional 3-year periods. 
‘‘(6) FEE.—At the time an employer’s applica-
tion to be a registered employer or to renew such 
status is approved, such employer shall pay a fee in 
an amount determined by the Secretary to be suffi-
cient to cover the costs of the registry of such em-
ployers. 
‘‘(7) 
CONTINUED
ELIGIBILITY.—Each 
reg-
istered employer shall submit to the Secretary an 
annual report that demonstrates that the registered 
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employer has provided the wages and working condi-
tions the registered employer agreed to provide to its 
employees. 
‘‘(e) REGISTERED POSITIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPLICATION.—Each registered em-
ployer shall submit to the Secretary an applica-
tion to designate a position for which the em-
ployer is seeking a W nonimmigrant as a reg-
istered position. The Secretary is authorized to 
determine if the wage to be paid by the em-
ployer complies with subparagraph (B)(iv). 
Each such application shall include a descrip-
tion of each such position. 
‘‘(B) ATTESTATION.—An application sub-
mitted under subparagraph (A) shall include an 
attestation of the following: 
‘‘(i) The number of full-time equiva-
lent employees of the employer. 
‘‘(ii) The occupational category, as 
classified by the Secretary of Labor, for 
which the registered position is sought. 
‘‘(iii) Whether the occupation for 
which the registered position is sought is a 
shortage occupation. 
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‘‘(iv) Except as provided in subsection 
(g)(4)(C)(i), the wages to be paid to W 
nonimmigrants employed by the employer 
in the registered position, including a posi-
tion in a shortage occupation, will be the 
greater of— 
‘‘(I) the actual wage level paid by 
the employer to other employees with 
similar experience and qualifications 
for such position; or 
‘‘(II) the prevailing wage level for 
the occupational classification of the 
position in the metropolitan statistical 
area of the employment, as deter-
mined by the Secretary, based on the 
best information available as of the 
time of filing the application. 
‘‘(v) The working conditions for W 
nonimmigrants will not adversely affect the 
working conditions of other workers em-
ployed in similar positions. 
‘‘(vi) The employer has carried out 
the recruiting activities required by para-
graph (2)(B). 
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‘‘(vii) There is no qualified United 
States worker who has applied for the po-
sition and who is ready, willing, and able 
to fill such position pursuant to the re-
quirements in subparagraphs (B) and (C) 
of paragraph (2). 
‘‘(viii) There is not a strike, lockout, 
or work stoppage in the course of a labor 
dispute in the occupation at the place of 
employment at which the W nonimmigrant 
will be employed. If such strike, lockout, or 
work stoppage occurs following submission 
of the application, the employer will pro-
vide notification in accordance with all ap-
plicable regulations. 
‘‘(ix)(I) The employer has not laid off 
and will not layoff a United States worker 
during the period beginning 90 days prior 
to and ending 90 days after the date the 
employer files an application for designa-
tion of a position for which the W non-
immigrant is sought or hires such W non-
immigrant, unless the employer has noti-
fied such United States worker of the posi-
tion and documented the legitimate rea-
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sons that such United States worker is not 
qualified or available for the position. 
‘‘(II) A United States worker is not 
laid off for purposes of this subparagraph 
if, at the time such worker’s employment is 
terminated, such worker is not employed in 
the same occupation and in the same met-
ropolitan statistical area where the reg-
istered position referred to in subclause (I) 
is located. 
‘‘(C) BEST INFORMATION AVAILABLE.—In 
subparagraph (B)(iv)(II), the term ‘best infor-
mation available’, with respect to determining 
the prevailing wage for a position, means— 
‘‘(i) a controlling collective bargaining 
agreement or Federal contract wage, if ap-
plicable; 
‘‘(ii) if there is no applicable wage 
under clause (i), the wage level commensu-
rate with the experience, training, and su-
pervision required for the job based on Bu-
reau of Labor Statistics data; or 
‘‘(iii) if the data referred to in clause 
(ii) is not available, a legitimate and recent 
private survey of the wages paid for such 
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positions in the metropolitan statistical 
area. 
‘‘(D) PERMIT.—The Secretary shall pro-
vide each registered employer whose application 
submitted under subparagraph (A) is approved 
with a permit that includes the number and de-
scription of such employer’s approved registered 
positions. 
‘‘(E) TERM OF REGISTRATION.—The ap-
proval of a registered position under subpara-
graph (A) is for a term that begins on the date 
of such approval and ends on the earlier of— 
‘‘(i) the date the employer’s status as 
a registered employer is terminated; 
‘‘(ii) 3 years after the date of such ap-
proval; or 
‘‘(iii) upon proper termination of the 
registered position by the employer. 
‘‘(F) REGISTRY
OF
REGISTERED
POSI-
TIONS.— 
‘‘(i) MAINTENANCE
OF
REGISTRY.— 
The Secretary shall develop and maintain 
a registry of approved registered positions 
for which the Secretary has issued a per-
mit under subparagraph (D). 
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‘‘(ii) AVAILABILITY
ON
WEBSITE.— 
The registry required by clause (i) shall be 
accessible on a website maintained by the 
Secretary. 
‘‘(iii) AVAILABILITY ON STATE WORK-
FORCE
AGENCY
WEBSITES.—Each State 
workforce agency shall be linked to such 
registry and provide access to such registry 
through the website maintained by such 
agency. 
‘‘(iv) CONDITIONS
OF
AVAILABILITY 
ON WEBSITE.— 
‘‘(I) IN
GENERAL.—Each ap-
proved registered position for which 
the Secretary has issued a permit 
shall be included in the registry of 
registered positions maintained by the 
Secretary and shall remain available 
for viewing on such registry through-
out the term of registration referred 
to in subparagraph (E) or paragraph 
(5). 
‘‘(II) INDICATION OF VACANCY.— 
The Secretary shall ensure that such 
registry indicates whether each ap-
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proved registered position in the reg-
istry is filled or unfilled. 
‘‘(III) REQUIREMENT FOR 10-DAY 
POSTING.—If a W nonimmigrant’s 
employment in a registered position 
ends, either voluntarily or involun-
tarily, the Secretary shall ensure that 
such registry indicates that the reg-
istered position is unfilled for a period 
of 10 calendar days, unless such reg-
istered position is filled by a United 
States worker. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) ELIGIBLE
OCCUPATION.—Each reg-
istered position shall be for a position in an eli-
gible occupation as described in paragraph (3). 
‘‘(B) RECRUITMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) REQUIREMENTS.—A position may 
not be a registered position unless the reg-
istered employer— 
‘‘(I) advertises the position for a 
period of 30 days, including the wage 
range, location, and proposed start 
date— 
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‘‘(aa) 
on 
the 
Internet 
website maintained by the Sec-
retary of Labor for the purpose 
of such advertising; and 
‘‘(bb) with the workforce 
agency of the State where the po-
sition will be located; and 
‘‘(II) except as provided for in 
subsection (g)(4)(B)(i), carries out 
not less than 3 of the recruiting ac-
tivities described in subparagraph (C). 
‘‘(ii) DURATION
OF
ADVERTISING.— 
The 30-day periods required by item (aa) 
or (bb) of clause (i)(I) may occur at the 
same time. 
‘‘(C) RECRUITING
ACTIVITIES.—The re-
cruiting activities described in this subpara-
graph, with respect to a position for which the 
employer is seeking a W nonimmigrant, shall 
consist of any combination of the following as 
defined by the Secretary of Homeland Security: 
‘‘(i) Advertising such position at job 
fairs. 
‘‘(ii) Advertising such position on the 
employer’s external website. 
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‘‘(iii) Advertising such position on job 
search Internet websites. 
‘‘(iv) Advertising such position using 
presentations or postings at vocational, ca-
reer technical schools, community colleges, 
high schools, or other educational or train-
ing sites. 
‘‘(v) Posting such position with trade 
associations. 
‘‘(vi) Utilizing a search firm to seek 
applicants for such position. 
‘‘(vii) 
Advertising 
such 
position 
through recruitment programs with place-
ment offices at vocational schools, career 
technical schools, community colleges, high 
schools, or other educational or training 
sites. 
‘‘(viii) 
Advertising 
such 
position 
through advertising or postings with local 
libraries, journals, or newspapers. 
‘‘(ix) Seeking a candidate for such po-
sition through an employee referral pro-
gram with incentives. 
‘‘(x) Advertising such position on 
radio or television. 
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‘‘(xi) 
Advertising 
such 
position 
through advertising, postings, or presen-
tations with newspapers, Internet websites, 
job fairs, or community events targeted to 
constituencies designed to increase em-
ployee diversity. 
‘‘(xii) 
Advertising 
such 
position 
through career day presentations at local 
high schools or community organizations. 
‘‘(xiii) Providing in-house training. 
‘‘(xiv) Providing third-party training. 
‘‘(xv) 
Advertising 
such 
position 
through recruitment, educational, or other 
cooperative programs offered by the em-
ployer and a local economic development 
authority. 
‘‘(xvi) Advertising such position twice 
in the Sunday ads in the primary daily cir-
culation newspaper in the area. 
‘‘(xvii) Any other recruitment activi-
ties determined to be appropriate to be 
added by the Commissioner. 
‘‘(3) ELIGIBLE OCCUPATION.— 
‘‘(A) IN GENERAL.—An occupation is an 
eligible occupation if the occupation— 
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1038 
‘‘(i) is a zone 1 occupation, a zone 2 
occupation, or zone 3 occupation; and 
‘‘(ii) is not an excluded occupation 
under subparagraph (B). 
‘‘(B) EXCLUDED OCCUPATIONS.— 
‘‘(i) OCCUPATIONS
REQUIRING
COL-
LEGE
DEGREES.—An occupation that is 
listed in the Occupational Outlook Hand-
book published by the Bureau of Labor 
Statistics (or similar successor publication) 
that is classified as requiring an individual 
with a bachelor’s degree or higher level of 
education may not be an eligible occupa-
tion. 
‘‘(ii) COMPUTER
OCCUPATIONS.—An 
occupation in the field of computer oper-
ation, computer programming, or computer 
repair may not be an eligible occupation. 
‘‘(C) PUBLICATION.—The Secretary of 
Labor shall publish the eligible occupations, 
designated as zone 1 occupations, zone 2 occu-
pations, or zone 3 occupations, on an on-going 
basis on a publicly available website. 
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1039 
‘‘(4) FILLING
OF
VACANCIES.—If a W non-
immigrant’s employment in a registered position 
ends, such employer may fill that vacancy— 
‘‘(A) by hiring a United States worker; or 
‘‘(B) after the 10 calendar day posting pe-
riod in subsection (e)(1)(F)(iv)(III) by hiring— 
‘‘(i) a W nonimmigrant; or 
‘‘(ii) if available under subsection 
(g)(4), a certified alien. 
‘‘(5) PERIOD OF APPROVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a registered position shall be 
approved by the Secretary for a period of 3 
years. 
‘‘(B) RETURNING W NONIMMIGRANTS.— 
‘‘(i) EXTENSION OF PERIOD.—A reg-
istered position shall continue to be a reg-
istered position at the end of the 3-year 
period referred to in subparagraph (A) if 
the W nonimmigrant hired for such posi-
tion is the beneficiary of a petition for im-
migrant status filed by the registered em-
ployer pursuant to this Act or is returning 
to the same registered employer. 
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1040 
‘‘(ii) TERMINATION OF PERIOD.—The 
term of a registration position extended 
under clause (i) shall terminate on the 
date that is the earlier of— 
‘‘(I) the date an application or 
petition by or for a W nonimmigrant 
to obtain immigrant status is ap-
proved or denied by the Secretary; or 
‘‘(II) the date of the termination 
of such W nonimmigrant’s employ-
ment with the registered employer. 
‘‘(6) FEES.— 
‘‘(A) REGISTRATION FEE.— 
‘‘(i) IN GENERAL.—At the time a W 
nonimmigrant commences employment in 
the registered position for a registered em-
ployer, such employer shall pay a registra-
tion fee in an amount determined by the 
Secretary. 
‘‘(ii) USE
OF
FEE.—A fee collected 
under clause (i) shall be used to fund any 
aspect of the operation of the W Visa Pro-
gram. 
‘‘(B) ADDITIONAL FEE.— 
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1041 
‘‘(i) IN GENERAL.—In addition to the 
fee required by subparagraph (A), a reg-
istered employer, at the time a W non-
immigrant commences employment in the 
registered position for the registered em-
ployer, shall pay an additional fee for each 
such approved registered position as fol-
lows: 
‘‘(I) A fee of $1,750 for the reg-
istered position if the registered em-
ployer, at the time of filing the appli-
cation for the registered position, is a 
small business and more than 50 per-
cent and less than 75 percent of the 
employees of the registered employer 
are not United States workers. 
‘‘(II) A fee of $3,500 for the reg-
istered position if the registered em-
ployer, at the time of filing the appli-
cation for the registered position, is a 
small business and more than 75 per-
cent of the employees of the registered 
employer are not United States work-
ers. 
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1042 
‘‘(III) A fee of $3,500 for the 
registered position if the registered 
employer, at the time of filing the ap-
plication for the registered position, is 
not a small business and more than 
15 percent and less than 30 percent 
of the employees of the registered em-
ployer are not United States workers. 
‘‘(ii) USE
OF
FEE.—A fee collected 
under clause (i) shall be used to fund the 
operations of the Bureau. 
‘‘(C) PROHIBITION
ON
OTHER
FEES.—A 
registered employer may not be required to pay 
an additional fee other than any fees specified 
in this Act if the registered employer is a small 
business. 
‘‘(7) PROHIBITION ON REGISTERED POSITIONS 
FOR CERTAIN EMPLOYERS.—The Secretary may not 
approve an application for a registered position for 
an employer if the employer is not a small business 
and 30 percent or more of the employees of the em-
ployer are not United States workers. 
‘‘(f) EXCLUDED GEOGRAPHIC LOCATION.—No appli-
cation for a registered position filed by a registered em-
ployer for an eligible occupation may be approved if the 
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1043 
registered position is located in a metropolitan statistical 
area that has an unemployment rate that is more than 
81⁄2 percent as reported in the most recent month pre-
ceding the date that the application is submitted to the 
Secretary unless— 
‘‘(1) the Commissioner has identified the eligi-
ble occupation as a shortage occupation; or 
‘‘(2) the Secretary approves the registered posi-
tion under subsection (g)(4). 
‘‘(g) NUMERICAL LIMITATION.— 
‘‘(1) REGISTERED POSITIONS.— 
‘‘(A) IN GENERAL.—Subject to paragraphs 
(3) and (4), the maximum number of registered 
positions that may be approved by the Sec-
retary for a year is as follows: 
‘‘(i) For the first year aliens are ad-
mitted as W nonimmigrants, 20,000. 
‘‘(ii) For the second such year, 
35,000. 
‘‘(iii) For the third such year, 55,000. 
‘‘(iv) For the fourth such year, 
75,000. 
‘‘(v) For each year after the fourth 
such year, the level calculated for that year 
under paragraph (2). 
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1044 
‘‘(B) DATES.—The first year referred to in 
subparagraph (A)(i) shall begin on April 1, 
2015, and end on March 31, 2016, unless the 
Secretary determines that such first year shall 
begin on October 1, 2015, and end on Sep-
tember 30, 2016. 
‘‘(2) YEARS AFTER YEAR 4.— 
‘‘(A) CURRENT
YEAR
AND
PRECEDING 
YEAR.—In this paragraph— 
‘‘(i) the term ‘current year’ shall refer 
to the 12-month period for which the cal-
culation of the numerical limits under this 
paragraph is being performed; and 
‘‘(ii) the term ‘preceding year’ shall 
refer to the 12-month period immediately 
preceding the current year. 
‘‘(B) NUMERICAL LIMITATION.—Subject to 
subparagraph (D), the number of registered po-
sitions that may be approved by the Secretary 
for a year after the fourth year referred to in 
paragraph (1)(A)(iv) shall be equal to the sum 
of— 
‘‘(i) the number of such registered po-
sitions available under this paragraph for 
the preceding year; and 
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1045 
‘‘(ii) the product of— 
‘‘(I) the number of such reg-
istered positions available under this 
paragraph for the preceding year; 
multiplied by 
‘‘(II) the index for the current 
year calculated under subparagraph 
(C). 
‘‘(C) INDEX.—The index calculated under 
this subparagraph for a current year equals the 
sum of— 
‘‘(i) one-fifth of a fraction— 
‘‘(I) the numerator of which is 
the number of registered positions 
that registered employers applied to 
have approved under subsection (e)(1) 
for the preceding year minus the 
number of registered positions ap-
proved under subsection (e) for the 
preceding year; and 
‘‘(II) the denominator of which is 
the number of registered positions ap-
proved under subsection (e) for the 
preceding year; 
‘‘(ii) one-fifth of a fraction— 
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1046 
‘‘(I) the numerator of which is 
the number of registered positions the 
Commissioner recommends be avail-
able under this subparagraph for the 
current year minus the number of 
registered positions available under 
this subsection for the preceding year; 
and 
‘‘(II) the denominator of which is 
the number of registered positions 
available under this subsection for the 
preceding year; 
‘‘(iii) three-tenths of a fraction— 
‘‘(I) the numerator of which is 
the number of unemployed United 
States workers for the preceding year 
minus the number of unemployed 
United States workers for the current 
year; and 
‘‘(II) the denominator of which is 
the number of unemployed United 
States workers for the preceding year; 
and 
‘‘(iv) three-tenths of a fraction— 
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1047 
‘‘(I) the numerator of which is 
the number of job openings as set out 
in the Job Openings and Labor Turn-
over Survey of the Bureau of Labor 
Statistics for the current year minus 
such number of job openings for the 
preceding year; and 
‘‘(II) the denominator of which is 
the number of such job openings for 
the preceding year; 
‘‘(D) MINIMUM AND MAXIMUM LEVELS.— 
The number of registered positions calculated 
under subparagraph (B) for a 12-month period 
may not be less than 20,000 nor more than 
200,000. 
‘‘(3) ADDITIONAL REGISTERED POSITIONS FOR 
SHORTAGE OCCUPATIONS.—In addition to the num-
ber of registered positions made available for a year 
under paragraph (1), the Secretary shall make avail-
able for a year an additional number of registered 
positions for shortage occupations in a particular 
metropolitan statistical area. 
‘‘(4) SPECIAL
ALLOCATIONS
OF
REGISTERED 
POSITIONS.— 
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‘‘(i) PORTABILITY.—A W nonimmigrant who is ad-
mitted to the United States for employment by a reg-
istered employer may— 
‘‘(1) terminate such employment for any rea-
son; and 
‘‘(2) seek and accept employment with another 
registered employer in any other registered position 
within the terms and conditions of the W non-
immigrant’s visa. 
‘‘(j) PROMOTION.—A registered employer may pro-
mote a W nonimmigrant if the W nonimmigrant has been 
employed with that employer for a period of not less than 
12 months. Such a promotion shall not increase the total 
number of registered positions available to that employer. 
‘‘(k) PROHIBITION
ON
OUTPLACEMENT.—A reg-
istered employer may not place, outsource, lease, or other-
wise contract for the services or placement of a W non-
immigrant employee with another employer if more than 
15 percent of the employees of the registered employer are 
W nonimmigrants. 
‘‘(l) W NONIMMIGRANT PROTECTIONS.— 
‘‘(1) APPLICABILITY
OF
LAWS.—A W non-
immigrant shall not be denied any right or any rem-
edy under Federal, State, or local labor or employ-
ment law that would be applicable to a United 
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1117 
‘‘(2) terminate the permanent resident status of 
the immigrant involved (and the alien spouse and 
alien children of such immigrant) as of the date of 
such determination. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘alien investor’ means an alien 
who obtains the status of an alien lawfully admitted 
for permanent residence (whether on a conditional 
basis or otherwise) under section 203(b)(5). 
‘‘(2) The term ‘alien spouse’ and the term ‘alien 
child’ mean an alien who obtains the status of an 
alien lawfully admitted for permanent residence 
(whether on a conditional basis or otherwise) by vir-
tue of being the spouse or child, respectively, of an 
alien investor or an employee of a Federal national 
security, science, and technology laboratory, center, 
or agency. 
‘‘(3) The term ‘commercial enterprise’ includes 
a limited partnership. 
‘‘(4) The term ‘employment-based immigrant’ 
means an alien described in paragraph (1) or (5). 
‘‘(5) The term ‘employee of a Federal national 
security, science, and technology laboratory, center, 
or agency’ means an alien who obtains the status of 
an alien lawfully admitted for permanent residence 
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