S.Amdt. 1964

SA 1964. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. EMPLOYMENT AND TRAINING OPPORTUNITIES FOR HIGHLY-
SKILLED NONIMMIGRANTS.

(a) Employment Authorization for Dependents of H-1B
Nonimmigrants.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by adding at the end the following:
``(G)(i) If the principal alien has a pending or approved
Application for Permanent Employment Certification or a
pending or approved Immigrant Petition, the Secretary of
Homeland Security shall--
``(I) authorize the alien spouse of such principal alien
admitted under section 101(a)(15)(H)(i)(b) who is
accompanying or following to join the principal alien to
engage in employment in the United States; and
``(II) provide the spouse with an `employment authorized'
endorsement or other appropriate work permit.
``(ii) The employer of an alien spouse described in clause
(i)(I) shall attest to the Secretary of Homeland Security
that the employer is offering and will offer to the alien
spouse, during the period of authorized employment, not less
than the greater of--
``(I) the actual wage level paid by the employer for the
specific employment in question to all other individuals with
similar experiences and qualifications; or
``(II) the prevailing wage level for the occupational
classification in the area of employment, reflecting the
education, experience, and level of supervision required for
the job to be performed by the alien spouse, based on the
best information available at the time the alien spouse is
hired.''.
(b) Eliminating Impediments to Worker Mobility.--
(1) Effect of new job site.--Section 214(c)(10) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(10)) is
amended to read as follows:
``(10) An amended H-1B petition shall not be required if--
``(A) the petitioning employer is involved in a corporate
restructuring, including a merger, acquisition, or
consolidation;
``(B) a new corporate entity succeeds to the interests and
obligations of the original petitioning employer and the
terms and conditions of employment remain the same except for
the identity of the petitioner; or
``(C) the nonimmigrant worker begins working at a new place
of employment for which the petitioner has secured a valid,
certified Labor Condition Application before the nonimmigrant
worker began working at such place of employment.''.
(2) Deference to prior approvals.--Section 214(c) of the
Immigration and Nationality Act, as amended by paragraph (1)
and subsection (a), is further amended by adding at the end
the following:
``(15) If the Secretary of Homeland Security or the
Secretary of State approves a visa, petition, or application
for admission on behalf of an alien described in subparagraph
(H)(i)(b) or (L) of section 101(a)(15), the Secretary of
Homeland Security or the Secretary of State may not deny a
subsequent petition, visa, or application for admission
involving the same employer and alien unless the applicant is
provided with a written finding that explains the basis for
the Government's determination that--
``(A) there was a material error with regard to the
approval of the previous petition, visa, or application for
admission;
``(B) a substantial change in circumstances has taken place
since the prior approval or admission that renders the
nonimmigrant ineligible for such status under this Act; or
``(C) new material information has been discovered that
adversely impacts the eligibility of the employer or the
nonimmigrant.''.
(3) Effect of ending employment relationship.--Section
214(n) of the Immigration and Nationality Act (8 U.S.C.
1184(n)) is amended by adding at the end the following:
``(3) A nonimmigrant admitted under section
101(a)(15)(H)(i)(b) whose employment relationship ends
(either voluntarily or involuntarily) before the expiration
of the nonimmigrant's period of authorized admission shall be
deemed to have retained such legal status throughout the 60-
day period beginning on such employment ending date if an
employer files a petition to extend, change, or adjust the
status of the nonimmigrant during such period.''.
(c) Practical Training for F-1 Nonimmigrants.--
(1) Defined term.--Section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i))
is amended--
(A) by inserting ``including post-completion on-the-job
training related to the same course of study,'' after ``for
the purpose of pursuing such a course of study''; and
(B) by striking ``consistent with section 214(l)'' and
inserting ``consistent with section 214(m)''.
(2) Optional practical training.--Section 214(m) of the
Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended
by adding at the end the following:
``(3)(A) An alien who obtains the status of a nonimmigrant
under clause (i) or (iii) of section 101(a)(F) may complete a
course of study by engaging in optional post-completion
practical training to gain experience directly related to the
course of study if the participating employer--
``(i) confirms to the university that the employer is
compensating the nonimmigrant as similarly situated United
States workers; and
``(ii) documents to the university that the nonimmigrant's
assignments will provide experiential learning to further the
nonimmigrant's knowledge of the major field in the course of
study.
``(B) Optional post-completion practical training under
this paragraph is only available once at each degree level,
and only if the United States university awarding the degree
was accredited at the time such degree was awarded in the
United States.
``(C)(i) Except as provided in clause (ii), optional post-
completion practical training is available for a period of
not more than 12 months, which shall begin not later than 60
days after the alien's graduation from the university.
``(ii) Nonimmigrants described in clause (i) or (iii) of
section 101(a)(F) may extend optional practical training
under this paragraph for a period of not more than an
additional 24 months if--
``(I) such training immediately follows the completion of a
degree in a field of science, technology, engineering, or
mathematics; and
``(II) such extension is requested before the expiration of
the 12-month period described in clause (i).''.
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