requirements of the medical specialty board administering the program.
However—
(A) the period may be more than 7 years only if the alien satis-
fies the Director that the foreign country to which the alien will
return on completing the program has an exceptional need for an
individual with the skills the alien will acquire in the program; and
(B) the alien may change programs once within the first 2 years
after entering the United States as a nonimmigrant classified
under subsection (a)(1) of this section or acquiring the status of
a nonimmigrant classified under subsection (a)(1) if the Director
approves the change and a written assurance and an agreement
are given for the new program as provided in paragraphs (3) and
(4) of this subsection.
(c) SATISFACTION OF REQUIREMENTS BY CERTAIN MEDICAL SCHOOL
GRADUATES.—An alien who is a graduate of a medical school satisfies sub-
section (b)(2)(B)(i) of this section if the alien on January 9, 1978—
(1) was completely and permanently licensed to practice medicine in
a State; and
(2) was practicing medicine in a State.
(d) REPORT ON AFFIDAVITS.—The Director shall submit to Congress
each year a report on aliens who have submitted affidavits under subsection
(b)(5) of this section. The report shall include the name and address of each
alien, the program of graduate medical education or training in which the
alien is participating, and the status of the alien in the program.
§ 2313. Aliens employed temporarily in specialty occupa-
tions or as fashion models
(a) GENERAL.—Except as provided in subsection (e) of this section, an
alien is classifiable as a nonimmigrant under this section if—
(1)(A) the alien is coming to the United States temporarily to be em-
ployed in a specialty occupation (except as a registered nurse during
the period specified by section 2325(c) of this title or to perform serv-
ices described in section 2314, 2318, or 2319 of this title) that requires
theoretical and practical application of a body of highly specialized
knowledge and a bachelor’s, or higher, degree in the specific specialty,
or its equivalent, as a minimum for entry into the occupation in the
United States;
(B) the alien—
(i) is fully licensed by a State to practice the occupation if a
license is required to practice that occupation;
(ii) has completed the degree described in this subclause (A) of
this paragraph for that occupation; or
(iii) has experience in the specialty equivalent to the completion
of that degree and recognition of expertise in the specialty through
progressively more responsible positions related to the specialty;
and
(C) the Secretary of Labor has certified to the Attorney General that
the employer intending to employ the alien has filed with the Secretary
an application under section 2351 of this title;
(2)(A) the alien is coming to the United States temporarily to be em-
ployed as a fashion model and demonstrates distinguished merit and
ability; and
(B) the Secretary of Labor has certified to the Attorney General that
the employer intending to employ the alien has filed with the Secretary
an application under section 2351 of this title; or
(3) the alien is the spouse or child of an alien described in clause
(1) or (2) of this subsection if accompanying or following to join the
alien.
(b) NUMERICAL AND TIME LIMITATIONS.—(1) The total number of aliens
who may be issued visas or provided status as nonimmigrants classified
under subsection (a)(1) and (2) of this section during a fiscal year is
65,000. Those aliens shall be classified as nonimmigrants under that sub-
section in the order in which petitions are filed for that classification.
(2) An alien classified as a nonimmigrant under subsection (a)(1) or (2)
of this section may be admitted to the United States for not more than 6
years.
(c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) or (2) of this section
must file a petition with the Attorney General. The petition must be in the
form and contain the information the Attorney General prescribes. Before
approving a petition, the Attorney General shall consult with the heads of
appropriate agencies. The Attorney General must approve the petition be-
fore a visa may be issued to the alien. Approval of the petition does not
establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
(d) LIMITATIONS ON ADMISSION OF MEDICAL SCHOOL GRADUATES.—An
alien who is a graduate of a medical school and is coming to the United
States to perform services as a member of the medical profession may be
admitted as a nonimmigrant classified under subsection (a)(1) of this sec-
tion only if the alien—