II
118th CONGRESS
2d Session
S. 4301
IN THE SENATE OF THE UNITED STATES
May 9, 2024
Mr. Thune (for himself, Mr. Heinrich, Mr. Rounds, and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To grant States and Indian Tribes the authority to waive the 2-year foreign residence requirement for educators in rural and Tribal areas, and for other purposes.
Modification of definitions to include Indian Tribes
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended—
in paragraph (36), by striking and the Commonwealth of the Northern Mariana Islands
and inserting the Commonwealth of the Northern Mariana Islands, and each Indian Tribe
; and
by adding at the end the following:
The term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
The terms Tribal government and Tribal entity mean the recognized governing body of an Indian Tribe.
The term State educational agency has the meaning given that term in section 8101(49) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(49))
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Exchange visitor visa extension for educators in rural and Tribal areas
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
If the Governor of a State or a Tribal government requests a waiver of the 2-year foreign residence requirement under section 212(e) on behalf of an alien described in clause (i) or (ii) of that section who is a primary or secondary school teacher or an education specialist in that State, the Secretary of Homeland Security may not grant such a waiver unless—
in the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such country furnishes the Director of the United States Information Agency with a statement in writing that it has no objection to such waiver;
the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed 30;
the alien demonstrates a bona fide offer of full-time employment as a teacher or an education specialist at a primary or secondary school in a rural or Tribal area in that State; and
in the case of a request made by a Governor, the alien agrees to begin employment with such a primary or secondary school not later than 90 days after receiving such waiver, and agrees to continue to work for a total of not less than 3 years (unless the Secretary of Homeland Security determines that extenuating circumstances exist, such as closure of the school or hardship to the alien, which would justify a lesser period of employment at the school, in which case the alien must demonstrate another bona fide offer of employment at a primary or secondary school for the remainder of such 3-year period), in rural and underserved area (as defined by the State educational agency); or
in the case of a request made by a Tribal government, the alien—
agrees to begin employment with such a primary or secondary school of an Indian Tribe, including any Bureau of Indian Education funded school operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), not later than 90 days after receiving such waiver; and
agrees to continue to work for a total of not less than 3 years (unless the Secretary of Homeland Security determines that extenuating circumstances exist, such as closure of the school or hardship to the alien, which would justify a lesser period of employment at the school, in which case the alien must demonstrate another bona fide offer of employment at a primary or secondary school for the remainder of such 3-year period).
Notwithstanding section 248(a)(2), the Secretary of Homeland Security may change the status of an alien who qualifies under this subsection and section 212(e) to that of an alien described in section 101(a)(15)(H)(i)(b). The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed pursuant to this subparagraph, if the alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency.
No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of the contract with the primary or secondary school named in the waiver application shall be eligible to apply for an immigrant visa, for permanent residence, or for any other change of nonimmigrant status, until such person has resided and been physically present in the country of his or her nationality or his or her last residence for an aggregate of at least 2 years following his or here departure from the United States.
Notwithstanding any other provision of this subsection, the 2-year foreign residence requirement under section 212(e) shall apply with respect to an alien described in clause (i) or (ii) of such section who has not otherwise been accorded status under section 101(a)(27)(H), if at any time the alien ceases to comply with any agreement entered into under pursuant to paragraph (1)(C).
Any spouse or children of an alien granted a waiver under this subsection shall be included in such waiver.
In the case of a request submitted under paragraph (1) by a Tribal entity, the Governor of the State in which the Tribal entity is located may endorse such request.
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