Sec. 205. TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS)
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## SEC. 205 TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS) ###
(a)Limitation on Numbers **[**Omitted; added subsection
(g)at the end of section 214.**]** ###
(b)Construction Respecting Intent With Respect to Abandonment of Foreign Residence Section 214, as amended by section 202(a) and by subsection (a), is further amended— ####
(1)in subsection (b), by inserting “(other than a nonimmigrant described in subparagraph (H)(i) or
(L)of section 101(a)(15))” after “Every alien”, and ####
(2)by adding at the end the following new subsection: > > ### “(h) > > The fact that an alien is the beneficiary of an application for a preference status filed under section 204 or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i) or
(L)of section 101(a)(15) or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 248 to a classification as such a nonimmigrant before the alien's most recent departure from the United States.” > . ###
(c)Revision of H–1B Category ####
(1)In general Subclause
(b)of section 101(a)(15)(H)(i) (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking “who is of distinguished” and all that follows through “such institution or agency” and inserting the following: “who is coming temporarily to the United States to perform services (other than services described in subclause
(a)during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph
(O)or (P)) in a specialty occupation described in section 214(i)(1), who meets the requirements for the occupation specified in section 214(i)(2), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 212(n)(1)”. ####
(2)Specialty occupation defined **[**Omitted; added subsection
(i)at the end of section 214.**]** ####
(3)Labor condition application for h–1b **[**Omitted; added a subsection
(n)at the end of section 212.**]** ###
(d)Limitation on Trainees Section 101(a)(15)(H)(iii) (8 U.S.C. 1101(a)(15)(H)(iii)) is amended by inserting before the semicolon at the end the following: “, in a training program that is not designed primarily to provide productive employment”. ###
(e)Removal of Foreign Residence Requirement for H–1 Nonimmigrants Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended— ####
(1)by striking “having a residence in a foreign country which he has no intention of abandoning”; ####
(2)in clause (ii), by striking “who is coming temporarily to the United States (a)” and inserting “(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States”; ####
(3)in clause (ii)(b), by inserting “having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States” immediately after “(b)”; and ####
(4)in clause (iii), by inserting “having a residence in a foreign country which he has no intention of abandoning” after “(iii)”.
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Sec. 205
TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS)
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