Sec. 124. TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG

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## SEC. 124 TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG ###

(a)Additional Visa Numbers ####

(1)Treatment of principals In the case of any alien described in paragraph

(3)(or paragraph

(2)as the spouse or child of such an alien) with respect to whom a classification petition has been filed and approved under subsection (b), there shall be made available, in addition to the immigrant visas otherwise available in each of fiscal years 1991 through 1993 and without regard to section 202(a) of the Immigration and Nationality Act, up to 12,000 additional immigrant visas. If the full number of such visas are not made available in fiscal year 1991 or 1992, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.3 3The last sentence was added by §302(b)(5) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1743), effective as if included in the enactment of the Immigration Act of 1990. ####

(2)Derivative relatives A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or

(E)of the Immigration and Nationality Act) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, the alien's spouse or parent. ####

(3)Employees of certain united states businesses operating in hong kong An alien is described in this paragraph if the alien— #####

(A)is a resident of Hong Kong and is employed in Hong Kong except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 consecutive months as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, by a business entity which

(i)is owned and organized in the United States (or is the subsidiary or affiliate of a business owned and organized in the United States),

(ii)employs at least 100 employees in the United States and at least 50 employees outside the United States, and

(iii)has a gross annual income of at least $50,000,000, and #####

(B)has an offer of employment from such business entity in the United States as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, which offer

(i)is effective from the time of filing the petition for classification under this section through and including the time of entry into the United States and

(ii)provides for salary and benefits comparable to the salary and benefits provided to others with similar responsibilities and experience within the same company. ###

(b)Petitions Any employer desiring and intending to employ within the United States an alien described in subsection (a)(3) may file a petition with the Attorney General for such classification. No visa may be issued under subsection (a)(1) until such a petition has been approved. ###

(c)Allocation Visa numbers made available under subsection

(a)shall be made available in the order which petitions under subsection

(b)are filed with the Attorney General. ###

(d)Definitions In this section: ####

(1)Executive capacity The term “**executive capacity**” has the meaning given such term in section 101(a)(44)(B) of the Immigration and Nationality Act, as added by section 123 of this Act. ####

(2)Managerial capacity The term “**managerial capacity**” has the meaning given such term in section 101(a)(44)(A) of the Immigration and Nationality Act, as added by section 123 of this Act. ####

(3)Officer The term “**officer**” means, with respect to a business entity, the chairman or vice-chairman of the board of directors of the entity, the chairman or vice-chairman of the executive committee of the board of directors, the president, any vice-president, any assistant vice-president, any senior trust officer, the secretary, any assistant secretary, the treasurer, any assistant treasurer, any trust officer or associate trust officer, the controller, any assistant controller, or any other officer of the entity customarily performing functions similar to those performed by any of the above officers. ####

(4)Specialized knowledge The term “**specialized knowledge**” has the meaning given such term in section 214(c)(2)(B) of the Immigration and Nationality Act, as amended by section 206(b)(2) of this Act. ####

(5)Supervisor The term “**supervisor**” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively recommend such action, if in connection with the foregoing the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment. ### PART 3 DIVERSITY IMMIGRANTS

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105 Stat. 1743

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Sec. 124

TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG

Stat.105 Stat. 1743

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