I 
110TH CONGRESS 
2D SESSION 
H. R. 5817 
To establish a new nonimmigrant category for Korean aliens seeking to 
enter the United States temporarily to perform services in a specialty 
occupation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 16, 2008 
Mr. FALEOMAVAEGA introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To establish a new nonimmigrant category for Korean aliens 
seeking to enter the United States temporarily to per-
form services in a specialty occupation, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. NEW NONIMMIGRANT CATEGORY FOR KOREAN 
ALIENS SEEKING TO ENTER THE UNITED 
STATES TEMPORARILY TO PERFORM SERV-
ICES IN A SPECIALTY OCCUPATION. 
(a) IN GENERAL.—Section 101(a)(15)(E) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) 
is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
and 
(2) by adding at the end the following: ‘‘or (iv) 
solely to perform services in a specialty occupation 
in the United States if the alien is a national of the 
Republic of Korea and with respect to whom the 
Secretary of Labor determines and certifies to the 
Secretary of Homeland Security and Secretary of 
State that the intending employer has filed with the 
Secretary of Labor an attestation under section 
212(t)(1);’’. 
(b) ATTESTATION.—Section 212(t) of such Act (8 
U.S.C. 1182(t)), as added by section 402(b)(2) of Public 
Law 108–77 (117 Stat. 941), is amended— 
(1) except in clauses (i)(II), (ii)(II), and (iii)(II) 
of paragraph (3)(C), by striking ‘‘or section 
101(a)(15)(E)(iii)’’ each place such term appears 
and inserting ‘‘or clause (iii) or (iv) of section 
101(a)(15)(E)’’; and 
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(2) in clauses (i)(II), (ii)(II), and (iii)(II) of 
paragraph (3)(C), by striking ‘‘or 101(a)(15)(E)(iii) 
or section 101(a)(15)(E)(iii)’’ each place such term 
appears and inserting ‘‘or clause (iii) or (iv) of sec-
tion 101(a)(15)(E)’’. 
(c) NUMERICAL LIMITATION.—Section 214(g)(11) of 
such Act (8 U.S.C. 1184(g)(11)) is amended— 
(1) in subparagraph (A), by striking ‘‘section 
101(a)(15)(E)(iii)’’ and inserting ‘‘clause (iii) or (iv) 
of section 101(a)(15)(E)’’; and 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) The applicable numerical limitation referred to 
in subparagraph (A) is— 
‘‘(i) 10,500 for each fiscal year for aliens de-
scribed in section 101(a)(15)(E)(iii); and 
‘‘(ii) 20,000 for each fiscal year for aliens de-
scribed in section 101(a)(15)(E)(iv).’’. 
(d) SPECIALTY
OCCUPATION
DEFINED.—Section 
214(i) of such Act (8 U.S.C. 1184(i)) is amended by strik-
ing ‘‘section 101(a)(15)(E)(iii),’’ and inserting ‘‘clauses 
(iii) and (iv) of section 101(a)(15)(E),’’. 
(e) CHANGE OF EMPLOYER.—Section 214(n) of such 
Act (8 U.S.C. 1184(n)) is amended— 
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(1) in paragraph (1), by striking ‘‘section 
101(a)(15)(H)(i)(b)’’ and inserting ‘‘subparagraph 
(H)(i)(b) or (E)(iv) of section 101(a)(15)’’; and 
(2) in paragraph (2)(B)— 
(A) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) 
in the case of a nonimmigrant having status 
under section 101(a)(15)(H)(i)(b),’’; and 
(B) by adding at the end the following: 
‘‘(ii) in the case of a nonimmigrant having sta-
tus under section 101(a)(15)(E)(iv), who has filed 
such a petition before such expiration date; and’’. 
Æ 
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