rangements with the United States to com-
bat fraud in the application for visas to the 
United States through the use of measures 
such as machine readable passports and bi-
ometric technology; and 
‘‘(ii) the consular officer to whom the 
alien applies for a visa under the provi-
sions of section 101(a)(15)(B) determines, 
based on evidence provided by the alien, 
that the conditions described in this para-
graph have been met. 
‘‘(B) CONDITIONS WITH RESPECT TO PRO-
VISION OF SERVICES.—In the case of the provi-
sion of services as described in paragraph 
(2)(A), the conditions described in this para-
graph are that— 
‘‘(i) all of the alien’s remuneration 
and expenses related to the provision of 
such services will be paid by the alien’s 
employer; and 
‘‘(ii) the alien is qualified to provide 
such services, as demonstrated by the 
alien’s possession of— 
‘‘(I) expert knowledge of the enti-
ty’s technology or operations on the 
VerDate Aug 31 2005 
22:22 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H888.IH
H888
jlentini on PROD1PC65 with BILLS
basis of technical training or experi-
ence; and 
‘‘(II) all licenses or other author-
izations required to provide the serv-
ices in the United States. 
‘‘(C) CONDITIONS WITH RESPECT TO PRO-
VISION OR RECEIPT OF MANAGEMENT OR TECH-
NICAL TRAINING.—In the case of the provision 
or receipt of management or technical training 
as described in paragraph (2)(B), the condi-
tions described in this paragraph are that— 
‘‘(i) the alien is an employee of a firm, 
corporation, or other legal entity that— 
‘‘(I) is affiliated through owner-
ship or control with the United States 
entity whose personnel will be pro-
viding or receiving the training; 
‘‘(II) has entered into a joint 
venture or similar agreement with the 
United States entity; or 
‘‘(III) has purchased, or is con-
sidering purchasing, goods or services 
from, or has sold goods or services to, 
the United States entity, and the 
VerDate Aug 31 2005 
22:22 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H888.IH
H888
jlentini on PROD1PC65 with BILLS
training is related to such purchase or 
sale; 
‘‘(ii) all of the alien’s remuneration 
and expenses related to the provision or re-
ceipt of such training will be paid by the 
alien’s employer; 
‘‘(iii) in the case of an alien seeking to 
provide management training, the alien 
has— 
‘‘(I) at least five years of experi-
ence directly related to management 
or management training; and 
‘‘(II) detailed knowledge of the 
business operations of the alien’s em-
ployer; and 
‘‘(iv) in the case of an alien seeking to 
receive management training, the alien 
holds, or will hold within one year of com-
pleting the training, a management level 
position within the alien’s employer. 
‘‘(4) PERIOD OF AUTHORIZED ADMISSION.— 
‘‘(A) BUSINESS
FACILITATION
VISITORS 
PROVIDING SERVICES.—The period of author-
ized admission for an alien admitted as a busi-
ness facilitation visitor providing professional 
VerDate Aug 31 2005 
22:22 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H888.IH
H888
jlentini on PROD1PC65 with BILLS
services as described in paragraph (2)(A) shall 
not exceed one year. However, the Secretary of 
Homeland Security may grant such alien a sin-
gle extension of not more than six months if the 
Secretary determines, based on evidence pro-
vided by the alien, that— 
‘‘(i) there has been an unforeseen 
delay in completing the provision of serv-
ices described in the qualifying services 
contract; and 
‘‘(ii) replacing the alien with another 
provider of professional services would fur-
ther delay or otherwise inhibit fulfillment 
of the terms of the contract. 
‘‘(B) BUSINESS
FACILITATION
VISITORS 
PROVIDING
OR
RECEIVING
MANAGEMENT
OR 
TECHNICAL TRAINING.—The period of author-
ized admission for an alien admitted as a busi-
ness facilitation visitor providing or receiving 
management or technical training, as described 
in paragraph (2)(B), may not exceed one year. 
‘‘(5) 
NO
CHANGE
OF
STATUS.—Notwith-
standing any other provision of this Act, an alien ad-
mitted as a business facilitation visitor shall not be 
eligible for a change of nonimmigrant status or for 
VerDate Aug 31 2005 
22:22 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H888.IH
H888
jlentini on PROD1PC65 with BILLS
an adjustment from nonimmigrant to immigrant sta-
tus during the alien’s stay in the United States. 
‘‘(6) AUTHORIZATION
TO
COUNTER
PATTERN 
OF FRAUD.—If the Secretary of Homeland Security 
finds that nationals of a country have engaged in a 
pattern of fraud involving visa applications or other 
immigration matters, the Secretary may prohibit 
such nationals from admission to the United States 
as business facilitation visitors for such period of 
time as the Secretary determines to be appropriate. 
‘‘(7) DEFINITION
OF
QUALIFYING
SERVICES 
CONTRACT.—For purposes of this subsection, a 
qualifying services contract is a contract between a 
foreign provider of professional services and a 
United States entity, the terms of which include— 
‘‘(A) the time period during which the 
alien will be required to be present in the 
United States in order to fulfill the terms of the 
contract; 
‘‘(B) the duties to be performed by the 
alien in the United States; 
‘‘(C) provisions stating that— 
‘‘(i) the alien’s remuneration and ex-
penses will be paid by the foreign provider; 
VerDate Aug 31 2005 
22:22 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H888.IH
H888
jlentini on PROD1PC65 with BILLS
‘‘(ii) the United States entity will pro-
vide the alien with working conditions com-
parable to those of similarly situated pro-
viders of professional services to the entity 
and consistent with the applicable require-
ments of the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.); and 
‘‘(iii) the alien possesses the creden-
tials necessary to provide the services cov-
ered by the contract, including any licenses 
or other authorizations required to provide 
the services in the United States; and 
‘‘(D) a provision stating the respective re-
sponsibilities of the foreign provider for ensur-
ing the alien’s— 
‘‘(i) compliance with the terms of the 
alien’s admission to the United States; and 
‘‘(ii) return to the alien’s home coun-
try at the conclusion of the period for 
which the alien is admitted.’’. 
Æ 
VerDate Aug 31 2005 
22:22 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H888.IH
H888
jlentini on PROD1PC65 with BILLS