Sec. 4404. Other changes to nonimmigrant visas
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Paragraphs
(1)and
(2)of section 214(n) (8 U.S.C. 1184(n)) are amended to read as follows: A nonimmigrant alien described in paragraph
(2)who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to accept new employment pursuant to such section upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. A nonimmigrant alien described in this paragraph is a nonimmigrant alien— who has been lawfully admitted into the United States; on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition. . The undesignated material at the end of section 214(c)(3) ( 8 U.S.C. 1184(c)(3) ) is amended to read as follows: The Secretary of Homeland Security 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 101(a)(15)(O)(i) because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within 3 years after the date of a consultation under such subparagraph provided that, in the case of aliens admitted because of extraordinary achievement in motion picture or television production, such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition. Not later than 5 days after such a waiver is provided, the Secretary shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization. .
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Sec. 4404
Other changes to nonimmigrant visas
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