S.Amdt. 2141

1. Adds SEC. __. INTERNATIONAL COMMUTERS wherever appropriate

   Adds a section

   Inserted: SEC. __. INTERNATIONAL COMMUTERS.

   Inserted: (a) H-1A Temporary Workers.--Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking "(H) an alien (i) (b)" and inserting the following:

   Inserted: "(H) an alien--

   Inserted: "(i)(a) who--

   Inserted: "(aa) continuously maintains a residence at which the alien is actually domiciled outside the United States, which the alien has no intention of abandoning;

   Inserted: "(bb) is coming temporarily to the United States to perform temporary work of a seasonal nature, not to exceed more than 10 months in any calendar year;

   Inserted: "(cc) commutes each business day, across the international border of the United States, to work in a full-time position with a qualified United States employer; and

   Inserted: "(dd) returns, across such border, to his or her foreign residence at the conclusion of each business day, or

   Inserted: "(b)".

   Inserted: (b) Temporary Labor Certification.--Section 214(c)(1) of such Act (8 U.S.C. 1184(c)(1)) is amended--

   Inserted: (1) by inserting "(A)" after "(c)(1)";

   Inserted: (2) by striking "For purposes of this subsection" and inserting the following:

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   Inserted: "(B) For purposes of this subsection with respect to nonimmigrants described in section 101(a)(15)(H)(i)(a) (referred to in this subparagraph as 'H-1A temporary workers'), the term 'appropriate agencies of the Government' means the Department of Labor. Before filing a petition with the Secretary of Homeland Security for an H-1A temporary worker, the employer shall apply for a temporary labor certification with the Secretary of Labor, which shall inform the Secretary of Homeland Security whether--

   Inserted: "(i) United States workers capable of performing the temporary services or labor are available; and

   Inserted: "(ii) the alien's employment would adversely affect the wages and working conditions of similarly employed United States workers.

   Inserted: "(C) For purposes of this subsection".

   Inserted: (c) Numerical Limitations.--Section 214(g) of such Act is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;

   Inserted: (B) by inserting before subparagraph (B), as redesignated, the following:

   Inserted: "(A) under section 101(a)(15)(H)(i)(a) may not exceed 90,000;"; and

   Inserted: (C) in subparagraph (B), as redesignated, by striking "or" and inserting "and";

   Inserted: (2) in paragraphs (5), (7), and (8), by striking "paragraph (1)(A)" each place it appears and inserting "paragraph (1)(B)"; and

   Inserted: (3) in paragraphs (9) and (10), by striking "paragraph (1)(B)" each place it appears and inserting "paragraph (1)(C)".

   Inserted: (d) Period of Authorized Admission.--Section 214(g)(4) of such Act is amended to read as follows:

   Inserted: "(4)(A) The period of authorized admission for an alien who is provided nonimmigrant status under section 101(a)(15)(H)(i)(a) may not exceed 3 years.

   Inserted: "(B) The period of authorized admission for an alien who is provided nonimmigrant status under section 101(a)(15)(H)(i)(b) may not exceed 6 years.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed