Sec. 103. Eliminating impediments to worker mobility
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Section 214(c)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(10) ) is amended to read as follows: An amended H–1B petition shall not be required if— the petitioning employer is involved in a corporate restructuring, including a merger, acquisition, or consolidation; a new corporate entity succeeds to the interests and obligations of the original petitioning employer and the terms and conditions of employment remain the same except for the identity of the petitioner; or the nonimmigrant worker begins working at a new place of employment for which the petitioner has secured a valid, certified Labor Condition Application before the nonimmigrant worker began working at such place of employment. .
Section 214(c) of such Act, as amended by subsection
(a)and section 102, is further amended by adding at the end the following: If the Secretary of Homeland Security or the Secretary of State approves a visa, petition, or application for admission on behalf of an alien described in subparagraph (H)(i)(b) or
(L)of section 101(a)(15), the Secretary of Homeland Security or the Secretary of State may not deny a subsequent petition, visa, or application for admission involving the same employer and alien unless the applicant is provided with a written finding that explains the basis for the Government’s determination that— there was a material error with regard to the approval of the previous petition, visa, or application for admission; a substantial change in circumstances has taken place since the prior approval or admission that renders the nonimmigrant ineligible for such status under this Act; or new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant. . Section 214(n) of such Act ( 8 U.S.C. 1184(n) ) is amended by adding at the end the following: A nonimmigrant admitted under section 101(a)(15)(H)(i)(b) whose employment relationship ends (either voluntarily or involuntarily) before the expiration of the nonimmigrant’s period of authorized admission shall be deemed to have retained such legal status throughout the 60-day period beginning on such employment ending date if an employer files a petition to extend, change, or adjust the status of the nonimmigrant during such period. .
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Sec. 103
Eliminating impediments to worker mobility
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