Sec. 561. Prohibition on outplacement of L–1 nonimmigrants
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Subparagraph
(F)of section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended to read as follows: Unless an employer receives a waiver under clause (ii), an employer may not employ an alien, for a cumulative period of more than 1 year, who— will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L); and will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent, including pursuant to an outsourcing, leasing, or other contracting agreement. The Secretary of Homeland Security may grant a waiver of the requirements of clause
(i)for an employer if the Secretary determines that the employer has established that— the employer with whom the alien referred to in clause
(i)would be placed has not displaced and does not intend to displace a United States worker employed by the employer within the period beginning 180 days after the date of the placement of such alien with the employer; such alien will not be controlled and supervised principally by the employer with whom the nonimmigrant would be placed; and the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with whom the nonimmigrant will be placed, rather than a placement in connection with the provision or a product or service for which specialized knowledge specific to the petitioning employer is necessary. The Secretary shall grant or deny a waiver under clause
(ii)not later than 7 days after the date that the Secretary receives the application for the waiver. . The Secretary of Homeland Security shall promulgate rules, after notice and a period for comment, for an employer to apply for a waiver under subparagraph (F)(ii) of section 214(c)(2), as added by subsection (a).
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Sec. 561
Prohibition on outplacement of L–1 nonimmigrants
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