Sec. 205. Students
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/bill/113/hr/2131/ih/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) ) is amended to read as follows: an alien— who— is a bona fide student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(ii)) leading to a bachelors or graduate degree and who seeks to enter the United States for the purpose of pursuing such a course of study consistent with section 214(m) at an institution of higher education (as described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )) in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution shall have agreed to report to the Secretary of Homeland Security the determination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; or is engaged in temporary employment for optional practical training related to such alien’s area of study following completion of the course of study described in subclause (I); who has a residence in a foreign country which the alien has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution of learning or place of study shall have agreed to report to the Secretary of Homeland Security the determination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; who is the spouse or minor child of an alien described in clause
(i)or
(ii)if accompanying or following to join such an alien; or who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause
(i)or
(ii)except that the alien’s qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico. . Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ), as amended by section 108(d)(1) of this Act, is further amended by striking
(L)or
(V)inserting (F)(i), (L), or
(V). Section 214(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m)(1) ) is amended, in the matter preceding subparagraph (A), by striking
(i)or
(iii)and inserting (i), (ii), or
(iv). Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: An employer providing optional practical training to an alien who has been issued a visa or otherwise provided nonimmigrant status under subparagraph
(F)or
(M)of section 101(a)(15) after completion of the alien’s course of study— shall offer to the alien during the period of optional practical training wages that are at least— the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; and shall provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed. The Secretary of Labor has the same investigatory and enforcement powers to ensure compliance with paragraph
(1)as are set forth in section 212(n)(2). . The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act, and shall apply to nonimmigrants who possess or are granted status under section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a))(15)(F)) on or after such date. The amendment made by subsection
(b)shall apply to employers with respect to aliens who begin post-course of study optional practical training with them on or after the date of the enactment of this Act.
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