(by occupation) requested in such denied peti- (D) The number of such petitions which (E) The number of such petitions which are awaiting final action. (d) Issuance of visa to fiancee or fiance of citizen A visa shall not be issued under the provisions of section 1101(a)(15)(K) of this title until the consular officer has received a petition filed in the United States by the fiancee and fiance of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe. It shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrival, except that the Attorney General in his discretion may waive the requirement that the parties have previously met in person. In the event the marriage with the petitioner does not occur within three months after the entry of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be deported in accordance with sections 1252 and 1253 of this title. (e) Nonimmigrant professionals and annual numerical limit (1) Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada and seeks to enter the United States under and pursuant to the provisions of Annex 1502.1 (United States of America), Part C-Professionals, of the United States-Canada Free-Trade Agreement to engage in business activities at a professional level as provided for therein may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. (2) An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as "NAFTA”) to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. For purposes of this chapter, including the issuance of entry documents and the application of subsection (b) of this section, such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under section 1101(a)(15) of this title. The admission of an alien who is a citizen of Mexico shall be subject to paragraphs (3), (4), and (5). For purposes of this paragraph and paragraphs (3), (4), and (5), the term "citizen of Mexico" means "citizen" as defined in Annex 1608 of NAFTA. (3) The Attorney General shall establish an annual numerical limit on admissions under paragraph (2) of aliens who are citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the NAFTA. Subject to paragraph (4), the annual numerical limit (A) beginning with the second year that NAFTA is in force, may be increased in accordance with the provisions of paragraph 5(a) of Section D of such Annex, and (B) shall cease to apply as provided for in paragraph 3 of such Appendix. (4) The annual numerical limit referred to in paragraph (3) may be increased or shall cease to apply (other than by operation of paragraph 3 of such Appendix) only if (A) the President has obtained advice regarding the proposed action from the appropriate advisory committees established under section 2155 of title 19; (B) the President has submitted a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that sets forth (i) the action proposed to be taken and the reasons therefor, and (ii) the advice obtained under subparagraph (A); (C) a period of at least 60 calendar days that begins on the first day on which the President has met the requirements of subparagraphs (A) and (B) with respect to such action has expired; and (D) the President has consulted with such committees regarding the proposed action during the period referred to in subparagraph (C). (5) During the period that the provisions of Appendix 1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an alien who is a citizen of Mexico under and pursuant to the provisions of Section D of Annex 1603 of NAFTA shall be subject to the attestation requirement of section 1182(m) of this title, in the case of a registered nurse, or the application requirement of section 1182(n) of this title, in the case of all other professions set out in Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition requirement of subsection (c) of this section, to the extent and in the manner prescribed in regulations promulgated by the Secretary of Labor, with respect to sections 1182(m) and 1182(n) of this title, and the Attorney General, with respect to subsection (c) of this section. (f) Denial of crewmember status in case of certain (1) Except as provided in paragraph (3), no which the alien intends to perform such service. (2) An alien described in paragraph (1)— (A) may not be paroled into the United States pursuant to section 1182(d)(5) of this title unless the Attorney General determines that the parole of such alien is necessary to protect the national security of the United States; and (B) shall be considered not to be a bona fide crewman for purposes of section 1282(b) of this title. (3) Paragraph (1) shall not apply to an alien if the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the alien (A) has been an employee of such employer for a period of not less than 1 year preceding the date that a strike or lawful lockout commenced; (B) has served as a qualified crewman for such employer at least once in each of 3 months during the 12-month period preceding such date; and (C) shall continue to provide the same services that such alien provided as such a crew man. (g) Temporary workers and trainees; limitation on numbers (1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)— (A) under section 1101(a)(15)(H)(i)(b) of this title may not exceed 65,000, or (B) under section 1101(a)(15)(H)(ii)(b) of this title may not exceed 66,000. (2) The numerical limitations of paragraph (1) shall only apply to principal aliens and not to the spouses or children of such aliens. (3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. (4) In the case of a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title, the period of authorized admission as such a nonimmigrant may not exceed 6 years. (h) Intention to abandon foreign residence The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i) or (L) of section 1101(a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section, 1258 of this title to a classification as such a nonimmigrant before the alien's most recent departure from the United States. (i) "Specialty occupation" defined (2), the term "specialty occupation” means an occupation that requires- (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of 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. (2) purposes of For section 1101(a)(15)(H)(i)(b) of this title, the requirements of this paragraph, with respect to a specialty occupation, are— (A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation, (B) completion of the degree described in paragraph (1)(B) for the occupation, or (C)(i) experience in the specialty equivalent to the completion of such degree, and (ii) recognition of expertise in the specialty through progressively responsible positions relating to the specialty. (j)1 Labor disputes Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada or Mexico who seeks to enter the United States under and pursuant to the provisions of Section B, Section C, or Section D of Annex 1603 of the North American Free Trade Agreement, shall not be classified as a nonimmigrant under such provisions if there is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment, unless such alien establishes, pursuant to regulations promulgated by the Attorney General, that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. Notice of a determination under this subsection shall be given as may be required by paragraph 3 of article 1603 of such Agreement. For purposes of this subsection, the term "citizen of Mexico" means "citizen" as defined in Annex 1608 of such Agreement. (j) 1 Numerical limitations; period of admission; conditions for admission and stay; annual report (1) The number of aliens who may be provided a visa as nonimmigrants under section 1101(a)(15)(S)(i) of this title in any fiscal year may not exceed 100. The number of aliens who may be provided a visa as nonimmigrants under section 1101(a)(15)(S)(ii) of this title in any fiscal year may not exceed 25. (2) No alien may be admitted into the United States as such a nonimmigrant more than 5 years after September 13, 1994. (3) The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General. (4) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant (A) shall report not less often than quarterly to the Attorney General such information 'So in original. Two subsecs. (j) have been enacted. concerning the alien's whereabouts and activities as the Attorney General may require; (B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission; (C) must have executed a form that waives the nonimmigrant's right to contest, other than on the basis of an application for withholding of deportation, any action for deportation of the alien instituted before the alien obtains lawful permanent resident status; and (D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General. (5) The Attorney General shall submit a report annually to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate concerning (A) the number of such nonimmigrants admitted; (B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens; (C) the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens; (D) the number of such nonimmigrants whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the prevention or frustration of a terrorist act; and (E) the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (4)) or who have been convicted of crimes in the United States after the date of their admission as such a nonimmigrant. (k) Restrictions on waiver (1) In the case of a request by an interested State agency for a waiver of the two-year foreign residence requirement under section 1182(e) of this title with respect to an alien described in clause (iii) of that section, the Attorney General shall not grant such waiver unless- (A) 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; (B) the alien demonstrates a bona fide offer of full-time employment at a health facility and agrees to begin employment at such facility within 90 days of receiving such waiver and agrees to continue to work in accordance with paragraph (2) at the health care facility in which the alien is employed for a total of not less than 3 years (unless the Attorney General determines that extenuating circumstances such as the closure of the facility or hardship to the alien would justify a lesser period of time); (C) the alien agrees to practice medicine in accordance with paragraph (2) for a total of not less than 3 years only in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (D) the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed twenty. (2)(A) Notwithstanding section 1258(2) of this title, the Attorney General may change the status of an alien that qualifies under this subsection and section 1182(e) of this title to that of an alien described in section 1101(a)(15)(H)(i)(b) of this title. (B) No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of a contract with a health facility shall be eligible to apply for an immigrant visa, for permanent residence, or for any other change of nonimmigrant status until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States. (3) Notwithstanding any other provision of this subsection, the two-year foreign residence requirement under section 1182(e) of this title shall apply with respect to an alien described in clause (iii) of that section, who has not otherwise been accorded status under section 1101(a)(27)(H) of this title, if at any time the alien practices medicine in an area other than an area described in paragraph (1)(C). (June 27, 1952, ch. 477, title II, ch. 2, § 214, 66 Stat. 189; Apr. 7, 1970, Pub. L. 91-225, § 3, 84 Stat. 117; Oct. 5, 1984, Pub. L. 98-454, title VI, § 602(b), 98 Stat. 1737; Nov. 6, 1986, Pub. L. 99-603, title III, §§ 301(b), 313(b), 100 Stat. 3411, 3438; Nov. 10, 1986, Pub. L. 99-639, § 3(a), (c), 100 Stat. 3542; Sept. 28, 1988, Pub. L. 100-449, title III, § 307(b), 102 Stat. 1877; Oct. 24, 1988, Pub. L. 100-525, § 2(7)(1), 102 Stat. 2612; Nov. 29, 1990, Pub. L. 101-649, title II, §§ 202(a), 205(a), (b), (c)(2), 206(b), 207(b), 104 Stat. 5014, 5019, 5020, 5023, 5025; Dec. 12, 1991, Pub. L. 102-232, title II, §§ 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1), title III, § 303(a)(10)-(12), 105 Stat. 1737-1741, 1748; Dec. 8, 1993, Pub. L. 103-182, title III, § 341(b), (c), 107 Stat. 2116, 2117; Sept. 13, 1994, Pub. L. 103-322, title XIII, § 130003(b)(2), 108 Stat. 2025; Oct. 25, 1994, Pub. L. 103-416, title II, § 220(b), 108 Stat. 4319.) REFERENCES IN TEXT The International Organizations Immunities Act, referred to in subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. CODIFICATION In subsec. (f)(1), "section 40102(a)(2) of title 49" substituted for "section 101(3) of the Federal Aviation Act of 1958" on authority of Pub. L. 103-272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1994-Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to numerical limitations on the number of aliens provided with nonimmigrant visas. Subsec. (k). Pub. L. 103-416 added subsec. (k). 1993-Subsec. (e). Pub. L. 103-182, § 341(b), designated existing provisions as par. (1) and added pars. (2) to (5). Subsec. (j). Pub. L. 103-182, § 341(c), added subsec. (j). 1991-Subsec. (a)(2)(A). Pub. L. 102-232, § 303(a)(11), substituted "described in section 1101(a)(15)(O)" for "under section 1101(a)(15)(O)". Pub. L. 102-232, § 205(d), inserted "(or events)" after "event". Subsec. (a)(2)(B). Pub. L. 102-232, § 206(a), designated cl. (i) as subpar. (B) and struck out cl. (ii) which read as follows: "An alien who is admitted as a nonimmigrant under clause (ii) or (iii) of section 1101(a)(15)(P) of this title may not be readmitted as such a nonimmigrant unless the alien has remained outside the United States for at least 3 months after the date of the most recent admission. The Attorney General may waive the application of the previous sentence in the case of individual tours in which the application would work an undue hardship." Subsec. (c)(2)(A). Pub. L. 102-232, § 303(a)(10)(A), substituted “individual petitions" for “individuals petitions". Subsec. (c)(2)(D). Pub. L. 102-232, § 303(a)(10)(B), substituted "involves" for "involved". Subsec. (c)(3). Pub. L. 102-232, § 205(e), inserted at end "The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 1101(a)(15)O)(i) of this title because of extraordinary ability in the arts and who seek readmission to perform similar services within 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization." Subsec. (c)(3)(A). Pub. L. 102-232, § 204(1), substituted "after consultation in accordance with paragraph (6)" for "after consultation with peer groups in the area of the alien's ability". Subsec. (c)(3)(B). Pub. L. 102-232, § 204(2), substituted "after consultation in accordance with paragraph (6) or, in the case of such an alien seeking entry for a motion picture or television production, after consultation with such a labor organization and a management organization in the area of the alien's ability" for "after consultation with labor organizations with expertise in the skill area involved". Subsec. (c)(4)(A), (B). Pub. L. 102-232, § 203(b), added subpars. (A) and (B) and redesignated former subpars. (A) and (B) as (C) and (D), respectively. Subsec. (c)(4)(C). Pub. L. 102-232, § 204(3), struck out "clause (ii) of" after "under". Pub. L. 102-232, § 203(b), redesignated subpar. (A) as (C). Former subpar. (C) redesignated (E). Subsec. (c)(4)(D). Pub. L. 102-232, § 204(4), substituted "after consultation in accordance with paragraph (6)" for "after consultation with labor organizations with expertise in the specific field of athletics or entertainment involved". Pub. L. 102-232, § 203(b), redesignated subpar. (B) as (D). Subsec. (c)(4)(E). Pub. L. 102-232, § 206(c)(2), struck out before period at end", in order to assure reciprocity in fact with foreign states". Pub. L. 102-232, § 203(b), redesignated subpar. (C) as (E). Subsec. (c)(5). Pub. L. 102-232, § 207(a), designated existing provisions as subpar. (A) and added subpar. (B). Subsec, (c)(5)(A). Pub. L. 102-232, § 303(a)(12), substituted "1101(a)15)(H)(ii)(b)" for "1101(H)(ii)(b)". Subsec. (g)(1). Pub. L. 102-232, § 202(a), inserted "or" at end of subpar. (A), substituted a period for ", or" at end of subpar. (B), and struck out subpar. (C) which read as follows: "under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of this title may not exceed 25,000." 1990-Subsec. (a). Pub. L. 101-649, § 207(b)(1), designated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 101-649, § 205(b)(1), inserted "(other than a nonimmigrant described in subparagraph (H)(i) or (L) of section 1101(a)(15) of this title)" after "Every alien". Subsec. (c). Pub. L. 101-649, §§ 206(b), 207(b)(2)(B), designated existing provisions as par. (1), substituted reference to section 1101(a)(15)(H), (L), (O), or (P)(i) of this title for reference to section 1101(a)(15)(H) or (L) of this title, and added pars. (2) to (6). Subsec. (f). Pub. L. 101-649, § 202(a), added subsec. (f). Subsecs. (g) to (i). Pub. L. 101-649, § 205(a), (b)(2), (c)(2), added subsecs. (g) to (i). 1988-Subsec. (c). Pub. L. 100-525, § 2(1)(1), amended Pub. L. 99-603, § 301(b). See 1986 Amendment note below. Subsec. (e). Pub. L. 100-449 added subsec. (e). 1986-Subsec. (a). Pub. L. 99-603, § 313(b), inserted provision directing that no alien admitted without a visa pursuant to section 1187 of this title may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission. Subsec. (c). Pub. L. 99-603, § 301(b), as amended by Pub. L. 100-525, § 2(7)(1), inserted provisions relating to nonimmigrants described in 1101(a)(15)(H)(ii)(a) of this title. section Subsec. (d). Pub. L. 99-639, § 3(a), substituted "have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry," for "have a bona fide intention to marry", and inserted ", except that the Attorney General in his discretion may waive the requirement that the parties have previously met in person". Pub. L. 99-639, § 3(c), struck out last sentence which read: "In the event the marriage between the said alien and the petitioner shall occur within three months after the entry and they are found otherwise admissible, the Attorney General shall record the lawful admission for permanent residence of the alien and minor children as of the date of the payment of the required visa fees." 1984-Subsec. (a). Pub. L. 98-454 inserted "No alien admitted to Guam without a visa pursuant to section 1182() of this title may be authorized to enter or stay in the United States other than in Guam or to remain in Guam for a period exceeding fifteen days from date of admission to Guam." 1970-Subsec. (c). Pub. L. 91-225, § 3(a), inserted reference to subpar. (L) of section 1101(a)(15) of this title. Subsec. (d). Pub. L. 91-225, § 3(b), added subsec. (d). EFFECTIVE Date of 1994 AMENDMENT Amendment by Pub. L. 103-416 applicable to aliens admitted to United States under section 1101(a)(15)(J) of this title, or acquiring such status after admission to United States, before, on, or after Oct. 25, 1994, and before June 1, 1996, see section 220(c) of Pub. L. 103-416, set out as an Effective and Termination Dates of 1994 Amendments note under section 1182 of this title. EFFECTIVE Date of 1993 AMENDMENT Amendment by Pub. L. 103-182 effective on date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 342 of Pub. L. 103-182, set out as a note under section 3401 of Title 19, Customs Duties. EFFECTIVE DATE OF 1991 Amendment Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1) of Pub. L. 102-232 effective Apr. 1, 1992, see section 208 of Pub. L. 102-232, set out as a note under section 1101 of this title. Amendment by section 303(a)(10)-(12) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title. EFFECTIVE DATE of 1990 Amendment Amendment by section 202(a) of Pub. L. 101-649 effective 60 days after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649, set out as a note under section 1182 of this title. Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Amendment by Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as an Effective Date of 1988 Amendment note under section 1101 of this title. Amendment by Pub. L. 100-449 effective on the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100-449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECTIVE DATE OF 1986 AMENDMENTS Section 3(d)(1), (3) of Pub. L. 99-639 provided that: "(1) The amendments made by subsection (a) [amending this section] shall apply to petitions approved on or after the date of the enactment of this Act (Nov. 10, 1986). "(3) The amendment made by subsection (c) [amending this section] shall apply to aliens issued visas under section 101(a)(15)(K) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(K)] on or after the date of the enactment of this Act." Amendment by section 301(b) of Pub. L. 99-603 applicable to petitions and applications filed under sections 1184(c) and 1188 of this title on or after the first day of the seventh month beginning after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as amended, set out as an Effective Date note under section 1188 of this title. DEADLINE FOR FIRST REPORT With RESPECT TO Section 207(c)(2) of Pub. L. 102-232 provided that: "The first report under section 214(c)(8) of the Immigration and Nationality Act [8 U.S.C. 1184(c)(8)] shall be provided not later than April 1, 1993." DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF See section 3 of Pub. L. 102-110, set out as a Delay Until April 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models note under section 1101 of this title. WORK AUTHORIZATION During Pending LaboR DISPUTES Section 207(c) of Pub. L. 101-649, as amended by Pub. L. 102-232, title III, § 303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided that: "(1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(a)]) and who is authorized to be employed in an occupation, if nonimmigrants constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act (Nov. 29, 1990] the alien "(A) continues to be authorized to be employed in the occupation for that employer, and "(B) is authorized to be employed in any occupation for any other employer so long as such strike or lockout continues with respect to that occupation and employer. "(2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act the alien "(A) is not authorized to be employed in the occupation for that employer, and "(B) is authorized to be employed in any occupation for any other employer so long as there is no strike or lockout with respect to that occupation and employer. "(3) With respect to a nonimmigrant described in paragraph (1) or (2) who does not perform unauthorized employment, any limit on the period of authorized stay shall be extended by the period of the strike or lockout, except that any such extension may not continue beyond the maximum authorized period of stay. "(4) The provisions of this subsection shall take effect on the date of the enactment of this Act." OFF-CAMPUS WORK AUTHorization for STUDENTS (F NONIMMIGRANTS) Section 221 of Pub. L. 101-649, as amended by Pub. L. 102-232, title III, § 303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 103-416, title II, § 215(a), Oct. 25, 1994, 108 Stat. 4315, provided that: "(a) 5-YEAR PROVISION.-With respect to work authorization for aliens admitted as nonimmigrant students described in subparagraph (F) of section 101(a)(15) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)] during the 5-year period beginning October 1, 1991, the Attorney General shall grant such an alien work authorization to be employed offcampus if "(1) the alien has completed 1 academic year as such a nonimmigrant and is maintaining good academic standing at the educational institution, "(2) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer (A) has recruited for at least 60 days for the position and (B) will provide for payment to the alien and to other similarly situated workers at a rate equal to not less than the actual wage level for the occupation at the place of employment or, if greater, the prevailing wage level for the occupation in the area of employment, and "(3) the alien will not be employed more than 20 hours each week during the academic term (but may be employed on a full-time basis during vacation periods and between academic terms). If the Secretary of Labor determines that an employer has provided an attestation under paragraph (2) that is materially false or has failed to pay wages in accordance with the attestation, after notice and opportunity for a hearing, the employer shall be disqualified from employing an alien student under this subsection. |