Sec. 221. OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS)

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## SEC. 221 OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS) ###

(a)5-Year Provision.—16 With respect to work authorization for aliens admitted as nonimmigrant students described in subparagraph

(F)of section 101(a)(15) of the Immigration and Nationality Act during the 5-year period beginning October 1, 1991, the Attorney General shall grant such an alien work authorization to be employed off-campus17 if— 16§215(a) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4315, Oct. 25, 1994), extended the period under this subsection from 3 to 5 years and the deadline under subsection

(b)from 1994 to 1996. 17§303(b)(1) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1748) struck the phrase “in a position unrelated to the alien's field of study and” and inserted “academic” in paragraph (1), effective as if included in the enactment of the Immigration Act of 1990. ####

(1)the alien has completed 1 academic year as such a nonimmigrant and is maintaining good academic standing at the educational institution, ####

(2)the employer provides the educational institution and the Secretary of Labor with an attestation that the employer

(A)has recruited for at least 60 days for the position and

(B)will provide for payment to the alien and to other similarly situated workers at a rate equal to not less than the actual wage level for the occupation at the place of employment or, if greater, the prevailing wage level for the occupation in the area of employment, and ####

(3)the alien will not be employed more than 20 hours each week during the academic term (but may be employed on a full-time basis during vacation periods and between academic terms). If the Secretary of Labor determines that an employer has provided an attestation under paragraph

(2)that is materially false or has failed to pay wages in accordance with the attestation, after notice and opportunity for a hearing, the employer shall be disqualified from employing an alien student under this subsection. ###

(b)Report to Congress Not later than April 1, 1996, the Commissioner of Immigration and Naturalization and the Secretary of Labor shall prepare and submit to the Congress a report on— ####

(1)whether the program of work authorization under subsection

(a)should be extended, and ####

(2)the impact of such program on prevailing wages of workers.

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108 Stat. 4315
105 Stat. 1748

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Sec. 221

OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS)

Stat.108 Stat. 4315

Stat.105 Stat. 1748

Cites 2Cited by 0 across 0 sources