Text: H.R.4165 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4165 IH
101st CONGRESS
2d Session
 H. R. 4165
To amend the Immigration and Nationality Act with respect to
employment-sponsored and independent immigration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 1, 1990
Mr. SCHUMER introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Immigration and Nationality Act with respect to
employment-sponsored and independent immigration, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Employment-Related Immigration Act of 1990'.
SEC. 2. SEPARATE LEVELS FOR FAMILY-SPONSORED, EMPLOYMENT-SPONSORED, AND
INDEPENDENT IMMIGRATION.
  (a) IN GENERAL- (1) Section 201 of the Immigration and Nationality Act
  (8 U.S.C. 1151) is amended to read as follows:
`WORLDWIDE LEVEL OF IMMIGRATION
  `SEC. 201. (a) IN GENERAL- Exclusive of aliens described in subsection
  (b), aliens born in a foreign state or dependent area who may be issued
  immigrant visas or who may otherwise acquire the status of an alien lawfully
  admitted to the United States for permanent residence are limited to--
  `(1) family-sponsored immigrants described in section 203(a) (or who are
  admitted under section 211(a) on the basis of a prior issuance of a visa
  to their accompanying parent under section 203(a)) in a number not to
  exceed in any fiscal year 216,000 and not to exceed in any of the first 3
  quarters of any fiscal year 27 percent of the worldwide level under such
  subsection for all of such fiscal year;
  `(2) employment-sponsored immigrants described in section 203(b) (or who
  are admitted under section 211(a) on the basis of a prior issuance of a
  visa to their accompanying parent under section 203(b)), in a number not
  to exceed in any fiscal year 130,000 and not to exceed in any of the first
  3 quarters of any fiscal year 27 percent of the worldwide level under such
  subsection for all of such fiscal year; and
  `(3) independent immigrants described in section 203(c) (or who are admitted
  under section 211(a) on the basis of a prior issuance of a visa to their
  accompanying parent under section 203(c)), in a number not to exceed in
  any fiscal year 83,000 and not to exceed in any of the first 3 quarters
  of any fiscal year 27 percent of the worldwide level under such subsection
  for all of such fiscal year.
  `(b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS- The following
  aliens are not subject to the worldwide levels or numerical limitations
  of subsection (a):
  `(1)(A) Special immigrants described in section 101(a)(27).
  `(B) Aliens who are admitted under section 207 or whose status is adjusted
  under section 209.
  `(C) Aliens whose status is adjusted to permanent residence under section
  210, 210A, or 245A.
  `(D) Aliens provided permanent resident status under section 249.
  `(2)(A)(i) Immediate relatives. For purposes of this clause, the term
  `immediate relative' means a child or spouse of a citizen of the United
  States or parent of a citizen of the United States who is at least 21
  years of age.
  `(ii) Aliens admitted under section 211(a) on the basis of a prior issuance
  of a visa to their accompanying parent who is such an immediate relative.
  `(B) Aliens born to an alien lawfully admitted for permanent residence
  during a temporary visit abroad.'.
  (2) The item in the table of contents relating to section 201 of such Act
  is amended to read as follows:
`Sec. 201. Worldwide level of immigration.'.
  (b) PER COUNTRY IMMIGRATION LEVELS-
  (1) IN GENERAL- Section 202 of such Act (8 U.S.C. 1152) is amended--
  (A) in subsection (a)--
  (i) by striking `(a) No person' and inserting `(a)(1) Except as specifically
  provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i),
  and 203, no person',
  (ii) by striking `, except as specifically' and all that follows through
  `following fiscal year', and
  (iii) by adding at the end the following new paragraph:
  `(2) The total number of immigrant visas made available to natives of any
  single foreign state or dependent area under section 201(a)(1) (relating
  to family-sponsored immigrants) in any fiscal year may not exceed 19,000.
  `(3) The total number of immigrant visas made available to natives of
  any single foreign state or dependent area under paragraph (2) or (3) of
  section 201(a) (relating to employment-sponsored and independent immigrants)
  in any fiscal year may not exceed 10,000.';
  (B) in subsection (b), by striking `the numerical limitation set forth in
  the proviso to subsection (a) of this section' each place it appears and
  inserting `a numerical level established under subsection (a)';
  (C) in subsection (c)--
  (i) by striking `other than' and all that follows through `section 201(b)'
  and inserting `other than a special immigrant, as defined in section
  101(a)(27), or an alien described in section 201(b)(2)(A)(i)', and
  (ii) by striking `section 202(a)' and all that follows through the end
  and inserting `subsection (a)(1), to the foreign state'; and
  (D) by amending subsection (e) to read as follows:
  `(e) Whenever 95 percent of the maximum number of visas have been made
  available under subsection (a)(1) to natives of any single foreign state
  or to any dependent area, then in the next following fiscal year a number
  of visas, not to exceed the number specified in subsection (a)(1) for
  a foreign state or a dependent area, as the case may be, shall be made
  available and allocated for such state or such area for the same classes
  of aliens described in, and the same percentages specified in, paragraphs
  (1) through (4) of section 203(a).'.
  (2) TREATMENT OF HONG KONG AS FOREIGN STATE- In applying section 202 of
  the Immigration and Nationality Act for fiscal years beginning with fiscal
  year 1991, Hong Kong shall be treated as a foreign state, and not as a
  colony or other component or dependent area of a foreign state.
SEC. 3. H-1 AND L-1 NONIMMIGRANTS.
  (a) H-1 CLASSIFICATIONS-
  (1) Section 101(a)(15)(H) of the Immigration and Nationality Act (8
  U.S.C. 1101(a)(15)(H)(i)(b)) is amended--
  (A) before clause (i), by striking `having a residence in a foreign country
  which he has no intention of abandoning',
  (B) by amending clause (i) to read as follows: `(i)(a) who is described
  in section 214(f)(1)(A) (relating to preeminent individuals), or (b)
  who is described in section 214(f)(1)(B) (relating to professionals);'; and
  (C) in clauses (ii) and (iii), by inserting `who has a residence in a
  foreign country which he has no intention of abandoning and' after `(ii)'
  and `(iii)', respectively.
  (2) Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the
  end the following new subsection:
  `(f) CLASSIFICATION OF H-1 NONIMMIGRANTS-
  `(1) IN GENERAL- In the admission of aliens as (and change of status of
  aliens to that of) a nonimmigrant described in section 101(a)(15)(H)(i),
  aliens shall be classified as follows:
  `(A) PREEMINENT INDIVIDUALS- Aliens (other than aliens who are performing
  artists or employed in the performing arts and entertainment industry)
  who possess a degree of skill and achievement significantly above that
  ordinarily encountered in the individual's field of endeavor and who
  is widely recognized for such skill and achievement and who is coming
  temporarily to the United States to perform services requiring such skill.
  `(B) PROFESSIONALS-
  `(i) IN GENERAL- Aliens (other than aliens described in clause (ii)(I)
  for the period described in clause (ii)(II) who--
  `(I) have completed the course of education described in clause (iii)(II)
  for a profession (as defined in clause (iii)),
  `(II) after passage of normal professional tests and requirements, are
  granted full state licenses to practice in a profession, or
  `(III) demonstrate the equivalent of the degree in education, extensive
  experience, training, or a combination thereof, and are in fact lawfully
  practicing at a professional level,
are coming temporarily to the United States to practice as a member of
the profession.
  `(ii) TEMPORARY CLASSIFICATION OF NURSES-
  `(I) IN GENERAL- Aliens who are coming temporarily to the United States
  to perform services as a registered nurse, who meet the qualifications
  described in section 212(m)(1), and with respect to whom the Secretary of
  Labor determines and certifies to the Attorney General that an unexpired
  attestation is on file and in effect under section 212(m)(2) for the
  facility for which the alien will perform the services.
  `(II) TEMPORARY PROVISION- Subclause (I) shall only apply to aliens for
  whom classification petitions are filed during the 5-year period beginning
  on September 1, 1990.
  `(iii) PROFESSION DEFINED- In clause (i), the term `profession' means an
  occupation that requires--
  `(I) theoretical and practical application of a body of highly specialized
  knowledge to fully perform the occupation, and
  `(II) completion of a specific course of education at an accredited college
  or university culminating in a baccalaureate or higher degree in a specific
  occupational specialty, where attainment of such degree or its equivalent is
  the minimum requirement for entry into the occupation in the United States,
and includes a profession described in section 101(a)(32), but does not
include nursing for any period before September 1, 1995.
  `(2) LIMITATIONS ON APPROVAL OF PETITIONS FOR PROFESSIONALS-
  `(A) IN GENERAL- No petition for classification of an alien as a nonimmigrant
  described in paragraph (1)(B)(i) shall be approved (whether initially or
  for a 2-year extension) unless the petition specifies the wage level to be
  paid the alien and attests that such wage level will not be less than (i)
  the wage or salary paid by the employer to other workers in the occupation
  with the same credentials and experience, or (ii) if there are no such other
  workers, the prevailing wage rate for the occupation and industry involved.
  `(B) ENFORCEMENT WITH RESPECT TO ATTESTATIONS-
  `(i) LIST OF ATTESTATIONS FILED- The Secretary of Labor shall compile
  and make available in a timely manner in Washington, D.C., a list of the
  attestations filed under subparagraph (A).
  `(ii) COMPLAINT PROCESS- The Secretary of Labor shall establish a process
  for the receipt, investigation, and disposition of complaints respecting a
  petitioner's misrepresentation in an attestation under subparagraph (A) of
  the wage or salary required to be paid or respecting the petitioner failure
  to pay wages or salary in accordance with such an attestation. Complaints
  may be filed by any aggrieved person or organization (including bargaining
  representatives). The Secretary shall conduct an investigation under this
  clause if there is reasonable cause to believe that a petitioner fails
  pay wages in accordance with the attestation.
  `(iii) RESPONSE- Under such process, the Secretary shall provide, within
  180 days after the date such a complaint is filed, for a determination
  as to whether or not a basis exists for imposing a sanction under clause
  (iv). If the Secretary determines that such a basis exists, the Secretary
  shall provide for notice of such determination to the interested parties
  and an opportunity for a hearing on the complaint within 60 days after
  the date of the determination.
  `(iv) BACK PAY REMEDY- If the Secretary finds, after notice and opportunity
  for a hearing, that a petitioner has not paid wages in accordance with
  an attestation under subparagraph (A), the Secretary shall order the
  petitioner to provide for payment of such amounts of back pay as may be
  required to comply with such attestation, plus interest (at a prevailing
  rate specified by the Secretary).
  `(v) ADDITIONAL SANCTIONS FOR PATTERN OR PRACTICE VIOLATIONS- If the
  Secretary finds, after notice and opportunity for a hearing, that a
  petitioner has a pattern or practice of failing to pay wages in accordance
  with such an attestation, the Secretary shall impose a civil monetary
  penalty (in an amount not to exceed $5,000) for each violation.
  `(C) TREATMENT OF CERTAIN AREAS-
  `(i) IN GENERAL- If (and for so long as) the Secretary of Labor determines,
  with respect to a particular profession described in paragraph (1)(B)(i)
  in a particular region of the Department of Labor, that nonimmigrants
  described in section 101(a)(15)(H)(i)(b) in the profession comprise more
  than 1 percent of the members of such profession in the region--
  `(I) the Secretary of Labor shall conduct consultations with industry
  representatives, organized labor, relevant organizations, to determine the
  impact of such nonimmigrants on the workforce, shall submit to Congress a
  report that includes recommendations concerning steps (such as training
  and nationwide job searches) to increase the number of nationals of the
  United States and immigrants in such profession in such region, and shall
  disseminate such recommendations to interested parties (such as students,
  vocational educators, employers, job placement agencies, and appropriate
  Federal and State agencies), and
  `(II) the requirements of clause (ii) shall apply to employers seeking
  to petition for such nonimmigrants for employment in such profession in
  such region.
  `(ii) REQUIREMENTS- In the case described in clause (i), a petition for
  approval of a petition for a nonimmigrant described in paragraph (1)(B)(i)
  shall not be approved unless the employer attests that--
  `(I) the employment of the alien will not adversely affect wages and
  working conditions of employees similarly employed,
  `(II) the nonimmigrant will be paid the wage rate for employees similarly
  employed at the facility or by the employer,
  `(III) the employer is taking steps, appropriate to the industry involved
  (and taking into account the size of the employer), to recruit citizens
  of the United States and immigrants in such profession in the region
  (as determined through consultation described in clause (i)(I)),
  `(IV) there is not a strike or lockout in the course of a labor dispute and
  the employment of such an alien is not intended or designed to influence
  an election for a bargaining representative for employees similarly
  employed, and
  `(V) at the time of filing the petition, notice of the filing has been
  provided by the employer to the bargaining representative of the employees
  similarly employed, or where there is no such bargaining representative,
  notice of the filing has been provided to employees similarly employed by
  the employer through posting in conspicuous locations.
  `(iii) ENFORCEMENT WITH RESPECT TO ATTESTATIONS-
  `(I) LIST- The Secretary of Labor shall compile and make available for
  public examination in a timely manner in Washington, DC., a list identifying
  the employers who have filed petitions for which the requirements of clause
  (ii) apply and, for each such employer, a copy of the employer's attestation
  under clause (ii).
  `(II) COMPLAINT PROCESS- The Secretary of Labor shall establish a process
  for the receipt, investigation, and disposition of complaints respecting
  an employer's misrepresentation of material facts in an attestation under
  clause (ii). Complaints may be filed by any aggrieved person or organization
  (including bargaining representatives). The Secretary shall conduct an
  investigation under this subclause if there is reasonable cause to believe
  that an employer fails to meet conditions attested to.
  `(III) RESPONSE- Under such process, the Secretary shall provide, within
  180 days after the date such a complaint is filed, for a determination as
  to whether or not a basis exists to make a finding described in subclause
  (IV). If the Secretary determines that such a basis exists, the Secretary
  shall provide for notice of such determination to the interested parties
  and an opportunity for a hearing on the complaint within 60 days after
  the date of the determination.
  `(IV) SANCTIONS- If the Secretary finds, after notice and opportunity for
  a hearing, that an employer has failed to meet a condition attested to or
  that there was a misrepresentation of material fact in the attestation,
  the Secretary shall notify the Attorney General of such finding and may,
  in addition, impose such other administrative remedies (including civil
  monetary penalties in an amount not to exceed $1,000 per violation) as the
  Secretary determines to be appropriate, and the Attorney General shall not
  approve petitions filed with respect to that employer during a period of
  at least 1 year for aliens to be employed by the employer.
  `(V) ADDITIONAL REMEDY- In addition to the sanctions provided under subclause
  (IV), if the Secretary of Labor finds, after notice and opportunity for a
  hearing, that an employer has violated a term of an attestation relating
  to the payment of wages at a specified wage level, the Secretary shall
  order the employer to provide for payment of such amounts of back pay as
  may be required to comply with such attestation.'.
  (b) TERMS OF ADMISSION- Section 214 of such Act (8 U.S.C. 1184), as amended
  by subsection (a)(2), is amended--
  (1) in subsection (b), by inserting `(other than a nonimmigrant described in
  subparagraph (H)(i) or (L) of section 101(a)(15))' after `Every alien', and
  (2) by adding at the end the following new subsection:
  `(g)(1) In the case of an alien in the status of a principal nonimmigrant
  described in subparagraph (H)(i) or (L) of section 101(a)(15)--
  `(A) the initial period of admission in such status shall be for 3 years and
  the Attorney General may extend such period twice, for up to 2 years each,
  `(B) continuation of such status is contingent upon an annual certification
  by alien's employer that the alien continues to meet the requirements to
  maintain such status, and
  `(C) the alien, if described in section 101(a)(15)(H)(i), shall not be
  considered to have failed to maintain such status by changes in employment
  so long as such employment remains in the occupation for which the status
  was granted.
  `(2) In the case of an alien--
  `(A) who is in nonimmigrant status under subparagraph (H) or (L) of
  section 101(a)(15) as the spouse or minor child of a principal nonimmigrant
  described in section 101(a)(15) (H)(i) or (L), after the date that labor
  certification has been issued under section 212(a)(14) with respect to the
  principal nonimmigrant and a petition for classification of the principal
  nonimmigrant as an employment-sponsored immigrant under paragraph (1) or
  (2) of section 203(b) has been filed with the Attorney General, or
  `(B) who is in preimmigrant status under section 245(f)(1) as the spouse
  or minor child of a preimmigrant described in such section,
the Attorney General shall grant the alien authorization to engage in
employment in the United States and provide to that alien an `employment
authorized' endorsement or other appropriate work permit.
  `(3) The number of principal aliens who may be admitted (or otherwise
  provided) nonimmigrant status under section 101(a)(15)(H)(i)(b) in any
  fiscal year shall not exceed 100,000.'.
  (c) ADJUSTMENT OF STATUS- Section 245 of such Act (8 U.S.C. 1255) is
  amended by adding at the end the following new subsection:
  `(f)(1) In the case of an alien in the status of a principal nonimmigrant
  described in subparagraph (H)(i) or (L) of section 101(a)(15) for whom
  a petition under section 204(a) for classification of the alien as an
  employment-sponsored immigrant under paragraph (1) or (2) of section 203(b)
  is filed within 7 years after the date the alien was first granted such
  status, the Attorney General shall adjust the alien's status (and that of
  the spouse and minor children of any such alien) to that of a pre-immigrant
  until the date specified in paragraph (2) if the alien is in an occupation
  which the Secretary of Labor has determined (under a schedule) to be one for
  which there is a general shortage of qualified workers in the United States.
  `(2) Subject to paragraph (3), pre-immigrant status under paragraph (1)
  shall end upon the earliest of--
  `(A) the date of issuance of an immigrant visa number under paragraph (3)
  or otherwise,
  `(B) the date that the Secretary of Labor determines (through revision
  of a schedule) that there no longer is a general shortage of qualified
  workers in the alien's occupation in the United States,
  `(C) the date the alien is no longer employed in the occupation for which
  pre-immigrant status was provided, or
  `(D) the date (specified by the Attorney General) after the alien's employer
  has failed to make an annual certification that the alien continues to be
  employed in such occupation.
  `(3)(A) For pre-immigrants for whom immigrant visa numbers are not otherwise
  made available before the end of the 3-year period beginning on the date
  pre-immigrant status was granted, notwithstanding the numerical limitations
  of sections 201 and 202, there shall be made available in each fiscal year
  not to exceed 10,000 immigrant visa numbers.
  `(B) Immigrant visa numbers made available under subparagraph (A) shall
  be issued in the order in which an application for such visa numbers is
  filed under this paragraph.
  `(C) Any pre-immigrant seeking a visa number under this paragraph may file
  an application with the Attorney General for such a number. The application
  shall be in such form as the Attorney General may by regulation prescribe.
  `(4) Each employer of an alien who is a principal nonimmigrant described in
  subparagraph (H)(i) or (L) of section 101(a)(15) or a pre-immigrant shall
  annually certify to the Attorney General, in a form and manner specified
  by the Attorney General--
  `(A) the employment of the alien and the occupation in which the alien is
  employed, and
  `(B) in the case of nonimmigrants described in section 101(a)(15)(H)(i)(b),
  that the alien was and is being paid a wage or salary equal to (i) the wage
  or salary paid by the employer to other workers in the occupation with
  the same credentials and experience, or (ii) if there are no such other
  workers, the prevailing wage rate for the occupation and industry involved.'.
  (d) CHANGES IN STANDARDS FOR L-1 NONIMMIGRANTS--
  (1) CLARIFICATION OF DEFINITIONS OF MANAGERIAL CAPACITY, AND EXECUTIVE
  CAPACITY- Section 214(g) of such Act (8 U.S.C. 1184(f)), as added by
  subsection (b), is amended by adding at the end the following new paragraph:
  `(4) In applying section 101(a)(15)(L):
  `(A) The term `managerial capacity' means an assignment within an
  organization in which the employee primarily--
  `(i) manages the organization, or a department, subdivision, function,
  or component of the organization,
  `(ii) supervises and controls the work of other supervisory, professional,
  or managerial employees, or manages an essential function within the
  organization or department or subdivision of the organization,
  `(iii) if another employee or other employees are directly managed,
  has the authority to hire and fire or recommend those as well as other
  personnel actions (such as promotion and leave authorization) or, if no
  other employee is directly managed, functions at a senior level within
  the organizational hierarchy or with respect to the function managed, and
  `(iv) exercises discretion over the day-to-day operations of the activity
  or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a managerial
capacity merely by virtue of his or her supervisory duties unless the
employees supervised are professional.
  `(B) The term `executive capacity' means an assignment within an organization
  in which the employee primarily--
  `(i) directs the management of the organization or a major component or
  function of the organization,
  `(ii) establishes the goals and policies of the organization, component,
  or function,
  `(iii) exercises wide latitude in discretionary decisionmaking, and
  `(iv) receives only general supervision or direction from higher level
  executives, the board of directors, or stockholders of the organization.
  `(C) If staffing levels are used as a factor in determining whether an
  individual is acting in a managerial or executive capacity, the Attorney
  General shall take into account the reasonable needs of the organization,
  component, or function in light of the overall purpose and stage of
  development of the organization, component, or function. An individual shall
  not be considered not to be acting in a managerial or executive capacity
  (as previously defined) merely on the basis of the number of employees
  that the individual manages or has managed or directs or has directed.'.
  (2) PERIOD OF TIME FOR EXPERIENCE- Section 101(a)(15)(L) of such Act
  (8 U.S.C. 1101(a)(15)(L)) is amended by striking `immediately preceding'
  and inserting `within 3 years preceding'.
  (e) ESTABLISHMENT OF NONIMMIGRANT CLASSIFICATION FOR ARTISTS, ENTERTAINERS,
  AND ATHLETES- Section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15))
  is amended--
  (1) by striking `or' at the end of subparagraph (M),
  (2) by striking the period at the end of subparagraph (N) and inserting
  `; or', and
  (3) by adding at the end the following new subparagraph:
  `(O) aliens who--
  `(i) perform as artists, entertainers, or athletes, individually or as part
  of an entertainment group or team, or as necessary accompanying personnel
  (as determined by the Attorney General, in consultation with appropriate
  persons),
  `(ii) have a foreign residence which they have no intention of abandoning,
  and
  `(iii) seek to enter the United States temporarily and solely for the
  purpose of performing as such an artist, entertainer, or athlete or for
  accompanying and providing assistance necessary to such a performance,
and the alien spouse and minor children of any such alien if accompanying
him or following to join him.'.
  (f) CONFORMING AMENDMENTS- Section 212(m) of such Act (8 U.S.C. 1182(m)),
  as added by section 3(b) of the Immigration Nursing Relief Act of 1989,
  is amended--
  (1) in paragraphs (1), (2), and (5), by striking `101(a)(15)(H)(i)(a)'
  each place it appears and inserting `214(f)(1)(B)(ii)',
  (2) by striking paragraph (4), and
  (3) by redesignating paragraph (5) as paragraph (4).
SEC. 4. PREFERENCE SYSTEM FOR ADMISSION OF IMMIGRANTS.
  (a) IN GENERAL- (1) Section 203 of the Immigration and Nationality Act
  (8 U.S.C. 1153) is amended to read as follows:
`ALLOCATION OF IMMIGRANT VISAS
  `SEC. 203. (a) PREFERENCE ALLOCATION FOR FAMILY CONNECTION IMMIGRANTS-
  Aliens subject to the worldwide level specified in section 201(a)(1)
  for family connection immigrants shall be allotted visas as follows:
  `(1) UNMARRIED SONS AND DAUGHTERS OF CITIZENS- Qualified immigrants who are
  the unmarried sons or daughters of citizens of the United States shall be
  allocated visas in a number not to exceed 25 percent of such worldwide level.
  `(2) SPOUSES AND UNMARRIED SONS AND UNMARRIED DAUGHTERS OF PERMANENT
  RESIDENT ALIENS- Qualified immigrants who are the spouses or unmarried sons
  or unmarried daughters of aliens lawfully admitted for permanent residence
  shall be allocated visas in a number not to exceed 32.5 percent of such
  worldwide level, plus any visas not required for the class specified in
  paragraph (1).
  `(3) MARRIED SONS AND DAUGHTERS OF CITIZENS- Qualified immigrants who are
  the married sons or married daughters of citizens of the United States
  shall be allocated visas in a number not to exceed 12.5 percent of such
  worldwide level, plus any visas not required for the classes specified in
  paragraphs (1) and (2).
  `(4) BROTHERS AND SISTERS OF CITIZENS- Qualified immigrants who are the
  brothers or sisters of citizens of the United States, if such citizens
  are at least 21 years of age, shall be allocated visas in a number not
  to exceed 30 percent of such worldwide level, plus any visas not required
  for the classes specified in paragraphs (1) through (3).
  `(b) PREFERENCE ALLOCATION FOR EMPLOYMENT-SPONSORED IMMIGRANTS- Aliens
  subject to the worldwide level specified in section 201(a)(2) for
  employment-sponsored immigrants in a fiscal year shall be allocated visas
  as follows:
  `(1) ALIENS WHO ARE PROFESSIONALS OF EXCEPTIONAL ABILITY- Visas shall
  be made available first, in a number not to exceed 60,000, to qualified
  immigrants who are members of the professions or who because of their
  exceptional ability in the sciences, arts, business, or education will
  substantially benefit prospectively the national economy, cultural or
  educational interests, or welfare of the United States, and whose services
  in the professions, sciences, arts, business, or education are sought by an
  employer in the United States. The Attorney General may, when he deems it to
  be in the national interest, waive the requirement of the previous sentence
  that an alien's services be sought by an employer in the United States.
  `(2) MANAGERS AND EXECUTIVES- Visas shall be made available next, in a number
  not to exceed 30,000, plus any visas not required for the classes specified
  in paragraph (1), to qualified immigrants who, during the 3-year period
  preceding the time of application for admission or adjustment of status,
  have been employed continuously for one year by a firm or corporation or
  other legal entity and are coming to perform services in a managerial or
  executive capacity (as defined in section 214(g)(4)).
  `(3) OTHER SHORTAGE WORKERS- Subject to paragraph (4)(B), visas shall be
  made available next, in a number not to exceed 30,000, plus any visas not
  required for the classes specified in paragraphs (1) and (2), to qualified
  immigrants who are capable of performing specified labor, not of a temporary
  or seasonal nature, for which a shortage of qualified and willing persons
  exists in the United States.
  `(4) LABOR CERTIFICATION REQUIRED- An immigrant visa may not be issued to an
  immigrant under this subsection until the consular officer is in receipt of
  a determination made by the Secretary of Labor pursuant to the provisions
  of section 212(a)(14). The Secretary shall not issue such a determination
  unless, at the time of filing the request for labor certification, the
  employer has provided notice of the filing to the bargaining representative
  of the employees similarly employed, or where there is no such bargaining
  representative, notice of the filing has been provided to employees
  similarly employed by the employer through posting in conspicuous locations.
  `(c) PREFERENCE ALLOCATION FOR INDEPENDENT IMMIGRANTS- Aliens subject
  to the worldwide level specified in section 201(a)(3) for independent
  immigrants in a fiscal year shall be allocated visas as follows:
  `(1) EMPLOYMENT CREATION- Visas shall be made available first, in a number
  not to exceed 8,000, to any qualified immigrant who is seeking to enter the
  United States for the purpose of engaging in a new commercial enterprise
  which the alien has established and in which such alien has invested or,
  is actively in the process of investing--
  `(A) capital, in an amount not less than $700,000, and which will benefit
  the United States economy and create full-time employment for not fewer
  than 10 United States citizens or aliens lawfully admitted for permanent
  residence (other than the spouse, sons, or daughters of such immigrant); or
  `(B) capital, in an amount not less than $350,000, in rural areas or in
  areas which have experienced persistently high unemployment, at the time of
  investment, of at least one and one-half times the national average rate,
  and which will benefit the United States economy and create full-time
  employment for not fewer than 5 United States citizens or aliens lawfully
  admitted for permanent residence (other than the spouse, sons, or daughters
  of such immigrant).
Of the visas allocated under this paragraph in each fiscal year, 2,500 shall be
available for aliens investors described in subparagraph (B). Special attention
shall be given to such aliens in subparagraph (B) who have invested (or are
actively in the process of investing) in rural areas with an unemployment rate,
at the time of the investment, of at least one and one-half times the national
average. For purposes of subparagraph (B), the term `rural area' means all
territory of a State that is not within a metropolitan statistical area or the
outer boundary of any city or town having a population of 20,000 or more based
on the latest dicennial census of the United States. The Attorney General,
in consultation with the Secretary of Labor and the Secretary of State,
may prescribe regulations increasing the dollar amount of the investment
necessary in subparagraph (A) for the issuance of a visa under this paragraph.
  `(2) DIVERSITY IMMIGRANTS- Visas authorized in any fiscal year under section
  201(a)(3), less those required for issuance to the classes specified in
  paragraph (1), shall be made available in each fiscal year to qualified
  immigrants who are natives of foreign states and dependent areas in a
  region as follows:
  `(A) DETERMINATION OF PREFERENCE IMMIGRATION- The Attorney General shall
  determine, for the most recent previous 5-fiscal-year period for which data
  are available, the total number of aliens who are natives of each foreign
  state or dependent area and who are admitted or otherwise provided lawful
  permanent resident status and were subject to the numerical limitations
  of section 201(a).
  `(B) IDENTIFICATION OF HIGH-ADMISSION AND LOW-ADMISSION REGIONS AND
  HIGH-ADMISSION AND LOW-ADMISSION STATES- The Attorney General--
  `(i) shall identify--
  `(I) each region (each in this paragraph referred to as a `high-admission
  region') for which the total of the numbers determined under subparagraph
  (A) for states and areas in the region is greater than  1/6  of the total
  of all such numbers, and
  `(II) each other region (each in this paragraph referred to as a
  `low-admission region'); and
  `(ii) shall identify--
  `(I) those foreign states and dependent areas for which the number determined
  under subparagraph (A) is greater than 25,000 (each such state and area
  in this paragraph referred to as a `high-admission state'), and
  `(II) other foreign states and areas (each such state and area in this
  paragraph referred to as a `low-admission state').
  `(C) DETERMINATION OF PERCENTAGE OF WORLDWIDE IMMIGRATION ATTRIBUTABLE TO
  HIGH-ADMISSION REGIONS- The Attorney General shall determine the percentage
  of the total of the numbers determined under subparagraph (A) that are
  for foreign states and areas in high-admission regions.
  `(D) DETERMINATION OF REGIONAL POPULATIONS EXCLUDING HIGH-ADMISSION STATES
  AND RATIOS OF POPULATIONS OF REGIONS WITHIN LOW-ADMISSION REGIONS AND
  HIGH-ADMISSION REGIONS- The Attorney General shall determine--
  `(i) based on available estimates for each region, the total population
  of each region not including the population of any high-admission state;
  `(ii) for each low-admission region, the ratio of the population of
  the region determined under clause (i) to the total of the populations
  determined under such clause for all the low-admission regions; and
  `(iii) for each high-admission region, the ratio of the population of
  the region determined under clause (i) to the total of the populations
  determined under such clause for all the high-admission regions.
  `(E) DISTRIBUTION OF VISAS-
  `(i) NO VISAS FOR NATIVES OF HIGH-ADMISSION STATES- The percentage of
  visas made available under this paragraph to natives of a high-admission
  state is 0.
  `(ii) FOR LOW-ADMISSION STATES IN LOW-ADMISSION REGIONS- Subject to clauses
  (iv) and (v), the percentage of visas made available under this paragraph
  to natives (other than natives of a high-admission state) in a low-admission
  region is the product of--
  `(I) the percentage determined under subparagraph (C), and
  `(II) the population ratio for that region determined under subparagraph
  (D)(ii).
  `(iii) FOR LOW-ADMISSION STATES IN HIGH-ADMISSION REGIONS- Subject to
  clauses (iv) and (v), the percentage of visas made available under this
  paragraph to natives (other than natives of a high-admission state) in a
  high-admission region is the product of--
  `(I) 100 percent minus the percentage determined under subparagraph (C), and
  `(II) the population ratio for that region determined under subparagraph
  (D)(iii).
  `(iv) REDISTRIBUTION OF UNUSED VISA NUMBERS- If the Secretary of State
  estimates that the number of immigrant visas issued to natives in any region
  for a fiscal year pursuant to this paragraph is less than the number of
  immigrant visas made available to such natives under this paragraph for
  the fiscal year, subject to clause (v), the excess visa numbers shall be
  made available to natives (other than natives of a high-admission state)
  of the other regions in proportion to the percentages otherwise specified
  in clauses (ii) and (iii).
  `(v) LIMITATION ON VISAS FOR NATIVES OF A SINGLE FOREIGN STATE OR DEPENDENT
  AREA- The percentage of visas made available under this paragraph to natives
  of any single foreign state (or dependent area) shall not exceed 7 percent.
  `(F) REGION DEFINED- For purposes of this paragraph, Northern Ireland shall
  be treated as a separate foreign state and each of the following shall be
  considered to be a separate region:
  `(i) Africa.
  `(ii) Asia.
  `(iii) Europe.
  `(iv) North America (other than Mexico).
  `(v) Oceania.
  `(vi) South America, Mexico, Central America, and the Caribbean.
  `(d) TREATMENT OF FAMILY MEMBERS- A spouse or child as defined in
  subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not
  otherwise entitled to an immigrant status and the immediate issuance of
  a visa under subsection (a), (b), or (c) be entitled to the same status,
  and the same order of consideration provided in the respective subsection,
  if accompanying or following to join, his spouse or parent.
  `(e) ORDER OF CONSIDERATION- (1) Immigrant visas made available under
  subsection (a), (b), or (c) (other than paragraph (2)) shall be issued to
  eligible immigrants in the order in which a petition in behalf of each such
  immigrant is filed with the Attorney General as provided in section 204(a).
  `(2)(A) Immigrant visa numbers made available under subsection (c)(2)
  (relating to diversity immigrants) in a fiscal year for natives of
  low-admission states shall be made available to qualified immigrants who
  have filed petitions under section 204(a)(1)(F) strictly in a random order
  established by the Secretary of State for the fiscal year involved.
  `(3) Waiting lists of applicants for visas under this section shall be
  maintained in accordance with regulations prescribed by the Secretary
  of State.
  `(f) PRESUMPTION- Every immigrant shall be presumed not to be described
  in subsection (a), (b), or (c) of this section, section 101(a)(27), or
  section 201(b)(2), until the immigrant establishes to the satisfaction
  of the consular officer and the immigration officer that the immigrant is
  so described. In the case of any alien claiming in his application for an
  immigrant visa to be described in section 201(b)(2) or in subsection (a),
  (b), or (c)(2) of this section, the consular officer shall not grant such
  status until he has been authorized to do so as provided by section 204.
  `(g) LISTS- For purposes of carrying out his responsibilities in the orderly
  administration of this section, the Secretary of State may make reasonable
  estimates of the anticipated numbers of visas to be issued during any quarter
  of any fiscal year within each of the categories under subsections (a),
  (b), and (c) and to rely upon such estimates in authorizing the issuance
  of visas. The Secretary of State shall terminate the registration of any
  alien who fails to apply for an immigrant visa within one year following
  notification to him of the availability of such visa, but the Secretary
  shall reinstate the registration of any such alien who establishes within
  2 years following the date of notification of the availability of such visa
  that such failure to apply was due to circumstances beyond his control.'.
  (2) Nothing in this subsection may be construed as continuing the
  availability of visas under section 203(a)(7) of the Immigration and
  Nationality Act, as in effect before the date of enactment of this Act.
  (b) CHANGES IN PETITIONING PROCEDURE- Section 204(a)(1) of such Act
  (8 U.S.C. 1154(a)) is amended by striking `(a)(1)' and all that follows
  through the end and inserting the following:
  `(a)(1)(A) Any citizen of the United States claiming that an alien
  is entitled to classification by reason of a relationship described in
  paragraph (1), (3), or (4) of section 203(a) or to an immediate relative
  status under section 201(b)(2)(A)(i) may file a petition with the Attorney
  General for such classification.
  `(B) Any alien lawfully admitted for permanent residence claiming that
  an alien is entitled to a classification by reason of the relationship
  described in section 203(a)(2) may file a petition with the Attorney
  General for such classification.
  `(C) Any alien desiring to be classified under section 203(b) (or any person
  on behalf of such an alien) (relating to employment-sponsored immigrants)
  may file a petition with the Attorney General for such classification.
  `(D) Any person desiring and intending to employ within the United States
  an alien entitled to classification under paragraph (3) of section 203(b)
  (relating to shortage labor) may file a petition with the Attorney General
  for such classification.
  `(E) Any alien desiring to be classified under section 203(c)(1) (relating
  to investors) may file a petition with the Secretary of State for such
  classification.
  `(F)(i) Any alien desiring to be provided an immigrant visa under section
  203(c)(2) (relating to diversity immigrants) may file a petition at
  the place and time determined by the Secretary of State. Only one such
  petition may be filed by an alien with respect to any petitioning period,
  and, if more than one petition is submitted, all such petitions submitted
  for the period by the alien shall be void.
  `(ii) The Secretary of State shall establish a fee for the filing of such
  petitions in an amount sufficient to cover the costs of processing such
  a petition under this subparagraph.
  `(iii) The Secretary of State shall designate a period for the filing
  of petitions under this subparagraph with respect to one or two fiscal
  years. Aliens who qualify under this subparagraph for an immigrant visa
  shall remain eligible to receive the visa only through the end of the
  specific fiscal year for which they were selected.'.
  (c) REVISION OF LABOR CERTIFICATION- (1) Paragraph (14) of section 212(a)
  of such Act (8 U.S.C. 1182(a)) is amended to read as follows:
  `(14) Aliens seeking to enter the United States to perform skilled
  labor unless the Secretary of Labor has determined and certified to
  the Secretary of State and the Attorney General that (A) there are not
  sufficient qualified workers (or equally qualified workers in the case of
  aliens who are members of the teaching profession or who have exceptional
  ability in the sciences, arts, business, or education) available in the
  United States for the positions in which the aliens will be employed; and
  (B) the employment of aliens in such positions will not adversely affect
  the wages and working conditions of workers in the United States. In making
  determinations under this paragraph, the Secretary of Labor may use labor
  market information without regard to the specific job opportunity for
  which certification is requested, but if such determination is adverse,
  the employer shall be permitted to submit evidence of individual recruitment
  efforts sufficient for the determination and certification. The Secretary may
  promulgate schedules for purposes of the administration of this paragraph,
  but such schedules shall only be promulgated by regulation and shall be
  reviewed and, as appropriate, revised not less often than once every
  3 years and the Secretary shall provide a process for the receipt and
  review of petitions to establish and modify such schedules. The exclusion
  of aliens under this paragraph shall apply to immigrants seeking admission
  under section 203(b) and shall not apply to immigrants seeking admission
  under section 203(c)(2);'.
  (2) The Secretary of Labor, for purposes of making certifications under
  section 212(a)(14) of the Immigration and Nationality Act, shall expand
  the use of schedules regarding labor shortages and surpluses. The Secretary
  shall use this information to develop strategies to reduce labor shortages
  through employment of United States workers in coordination with appropriate
  Federal and State agencies.
  (d) GROUND FOR DEPORTATION FOR FAILURE TO CONTINUE INVESTMENT- Section
  241(a) of the Immigration and Nationality Act (8 U.S.C. 1251(a)) is amended--
  (1) by striking `or' at the end of paragraph (19),
  (2) by striking the period at the end of paragraph (20) and inserting `;
  or', and
  (3) by adding at the end the following new paragraph:
  `(21) obtains the status of an immigrant by virtue of a visa number made
  available under section 203(c)(1) (relating to employment creation) and
  fails to make or continue (during the 5-year period that begins on the
  date the alien was granted lawful permanent resident status) other than
  due to circumstances beyond the control of the alien or extreme hardship
  to the alien, the capital investment and employment required to have been
  made under such section.'.
SEC. 5. TREATMENT OF RELIGIOUS WORKERS.
  (a) AS TEMPORARY WORKERS- Section 101(a)(15) of the Immigration and
  Nationality Act (8 U.S.C. 1101(a)(15)), as amended by section 3(e),
  is amended--
  (1) in subparagraph (N), by striking `or' at the end,
  (2) in subparagraph (O), by striking the period at the end and inserting
  `; or', and
  (3) by adding at the end the following new subparagraph:
  `(P) an alien, and the alien spouse and minor children of such alien if
  accompanying or following to join, who (i) for the two years immediately
  preceding the alien's application for admission has been a member of a
  religious denomination having a bona fide nonprofit, religious organization
  in the United States, and (ii) seeks to enter the United States for a
  period not to exceed 5 years to engage in a religious occupation with
  the religious denomination of which the alien has been a member for the
  preceding two years or to work for a nonprofit, religious organization
  associated with that denomination.'.
  (b) AS SPECIAL IMMIGRANTS- Section 101(a)(27)(C) of such Act
  (8 U.S.C. 1101(a)(27)(C)) is amended by striking `(C)(i)' and all
  that follows through `(ii)' and inserting the following: `(C)(i) an
  immigrant who for at least two years immediately preceding the time of
  the immigrant's application for admission to the United States has been a
  minister of religion or a religious worker for a religious denomination
  and who seeks to enter the United States for the purpose of carrying on
  a religious vocation or occupation as a minister of religion or religious
  worker for a religious denomination or for a bona fide organization which
  is affiliated with the religious denomination, is exempt from taxation
  as an organization described in section 503(c)(3) of the Internal Revenue
  Code of 1986, and needs the services of such immigrant; and'.
SEC. 6. MISCELLANEOUS CONFORMING AND TECHNICAL CHANGES.
  (a) Sections 101(b)(1)(F), 202(a), 202(c), 204(b), 204(e), 216(g)(1)(A),
  222(a), 244(d), 245(c)(2), and 245(c)(5) of the Immigration and Nationality
  Act (8 U.S.C. 1101(b)(1)(F), 1152(a), 1152(c), 1154(a)(1), 1154(b), 1154(e),
  1186a(g)(1)(A), 1202(a), 1254(d), 1255(c)(2), 1255(c)(5)) are each amended
  by striking `201(b)' each place it appears and inserting `201(b)(2)(A)(i)'.
  (b) Section 204 of such Act (8 U.S.C. 1154) is amended--
  (1) in subsection (b)--
  (A) by striking `section 203(a) (3) or (6)' and inserting `section
  203(b)', and
  (B) by striking `a preference status under section 203(a)' and inserting
  `preference under subsection (a) or (b) of section 203';
  (2) in subsection (e), by striking `preference immigrant under section
  203(a)' and inserting `immigrant under subsection (a) or (b) of section 203';
  (3) by striking subsection (f);
  (4) by redesignating subsections (g) and (h) as subsections (f) and (g),
  respectively;
  (5) in subsection (f)(1), as redesignated by paragraph (4), by inserting
  `(as in effect before the date of the enactment of the Employment-Related
  Immigration Act of 1990)' after `203(a)(4)'; and
  (6) in subsection (g), as redesignated by paragraph (4), by striking
  `preference status' and inserting `status under section 203(a)(2)'.
  (c) Section 212(a)(32) of such Act (8 U.S.C. 1182(a)(32)) is amended
  by striking `203(a) (3) and (6) and to nonpreference immigrant aliens
  described in section 203(a)(7)' and inserting `203(b) (2) and (3) and
  section 203(c)(2)'.
  (d) Section 245 of such Act (8 U.S.C. 1255) is amended--
  (1) in subsection (b), by striking `203(a)' and inserting `203', and
  (2) in subsection (c), by redesignating clause (5) as clause (4) and
  by inserting before the period at the end the following: `, or (5) an
  alien who is applying for adjustment of status to preference status under
  section 203(c)(2)'.
  (e)(1) Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is
  amended by striking `section 203(a)(7) or'.
  (2) Section 1614(a)(1)(B) of the Social Security Act is amended by striking
  `section 203(a)(7) or'.
  (f) Section 2(c)(4) of the Virgin Islands Nonimmigrant Alien Adjustment
  Act of 1982 (Public Law 97-271) is amended by inserting before the period
  at the end the following: `(as in effect before October 1, 1991) or by
  reason of the relationship described in section 203(a)(2)(B), 203(a)(3),
  or 201(b)(2)(A)(i), respectively, of such Act (as in effect on or after
  such date)'.
SEC. 7. EFFECTIVE DATES AND TRANSITION.
  (a) IN GENERAL-
  (1) Except as provided in paragraph (2), the amendments made by this Act
  shall take effect on October 1, 1991, and shall apply to immigrant visa
  numbers issued for fiscal years beginning with fiscal year 1992.
  (2) The amendments made by section 4(b) (relating to immigrant visa
  petitioning process) shall take effect on the date of the enactment of this
  Act and apply to immigrant visa numbers issued for fiscal years beginning
  with fiscal year 1992.
  (b) GENERAL TRANSITION- In the case of a petition filed under section
  204(a) of the Immigration and Nationality Act before October 1, 1991, for
  preference status under paragraph (3), (4), (5), or (6) of section 203(a)
  of such Act (as in effect before such date), such petition shall be deemed
  as of October 1, 1991, to be a petition for the status described in section
  203(b)(1), 203(a)(3), 203(a)(4), or 203(b)(3) of such Act, respectively,
  and the priority date for such petition shall remain in effect.
  (c) ADMISSIBILITY STANDARDS- When an immigrant, in possession of an
  unexpired immigrant visa issued before October 1, 1991, makes application
  for admission, the immigrant's admissibility under paragraphs (20) and
  (21) of section 212(a) of the Immigration and Nationality Act shall
  be determined under the provisions of law in effect on the date of the
  issuance of such visa.