No CRS summary available for this bill.
This section reserves to Congress the power to authorize employment for classes of aliens. It limits the definition of an unauthorized alien to those not authorized pursuant to statute. It applies Title II of the Immigration and Nationality Act to an alien’s entry and entire stay in the United States. It limits regulatory authority under section 214(a)(1) to setting the duration of admission and ensuring departure upon failure to maintain status. It directs the Secretary of Homeland Security to update nonimmigrant rules within 180 days after enactment. It requires compliance with the admission and ongoing requirements of a new nonimmigrant status for any adjustment under section 248.
This section imposes new requirements on H-1B nonimmigrants, including proof of a foreign residence they intend not to abandon and removal of the prior exemption from the immigrant intent presumption under section 214(b). It repeals provisions allowing extensions beyond the standard six-year limit during lengthy adjudications and eliminates special admission rules under section 214(h). It replaces the labor condition application process with stricter certifications, including wages at the higher of the employer’s actual rate or the 75th percentile for the occupation and location, a 5 percent cap on the employer’s U.S. workforce that may be H-1B nonimmigrants, recruitment of U.S. workers before filing, no displacement or layoff of U.S. workers within one year, and a ban on approval in occupations where unemployment exceeds 2 percent.