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be a reference also to an administrative law judge under section 101(a) (43) of such Act.

PART D-ADJUSTMENT OF STATUS

LIMITATIONS ON ADJUSTMENT OF NONIMMIGRANTS TO IMMIGRANT STATUS BY

OUT-OF-STATUS ALIENS

SEC. 131. (a) Section 245 (c) (2) (8 U.S.C. 1255 (c) (2)) is amended by inserting after "hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status" the following: "or who is not in legal immigration status on the date of filing the application for adjustment of status".

(b) The amendment made by subsection (a) shall apply to applications for adjustment of status pending on the date of the enactment of this Act.

(c) For amendment prohibiting certain nonimmigrant students and visitors entering under visa waivers from adjusting their status to immigrants, see section 212 (b) of this Act.

TITLE II-REFORM OF LEGAL IMMIGRATION

PART A-IMMIGRANTS

LABOR CERTIFICATION

SEC. 201. (a) Paragraph (14) of section 212 (a) (8 U.S.C. 1182) is amended by striking out "(A)" and all that follows through the end and inserting in lieu thereof the following: “(A) there are not sufficient qualified workers (or equally qualified workers in the case of aliens (i) who are members of the teaching profession, (ii) who have exceptional ability in the sciences or arts, or (iii) who have doctoral degrees and are seeking to enter the United States to be employed as researchers at colleges, universities, or other nonprofit educational or research institutions) available in the United States in the occupations in which the aliens will be employed; (B) sufficient workers in the United States could not within a reasonable period of time be trained for such occupations; and (C) the employment of aliens in such occupations will not adversely affect the wages and working conditions of workers in the United States who are similarly employed. In making such determinations the Secretary of Labor may use labor market information with or without reference to the specific job opportunity for which certification is requested. An alien on behalf of whom a certification is sought must have an offer of employment from an employer in the United States. The exclusion of aliens under this paragraph shall only apply to preference immigrants described in paragraph (3) or (6) of section 203 (a) and to nonpreference immigrants described in section 203(a) (7). Decisions of the Secretary of Labor made pursuant to this paragraph, including the issuance and content of regulations and the use of labor market information under this paragraph, shall be reviewable by an appropriate district court of the United States, but the court shall not set aside such a decision unless there is compelling evidence that the Secretary made such decision in an arbitrary and capricious manner;".

(b) The amendment made by subsection (a) shall take effect on October 1 1983. When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1983, makes application for admission, his admissibility under section 212 (a)(20) shall be determined under the provisions of law in effect on the date of the issuance of such visa, without regard to the amendment made by subsection (a).

AMERASIAN CHILDREN

SEC. 202. (a) Section 101(a)(27) (8 U.S.C. 1101 (a)(27)) is amended by striking out "or" at the end of subparagraph (G), by striking out the period at the end of subparagraph (H) and inserting in lieu theerof “; or”, and by adding at the end the following new subparagraph:

"(I) an immigrant who has a petition for special immigrant status under this subparagraph approved under section 204(g) within 10 years after the alien's date of registration under section 204(g) (1) (A).”.

(b) Section 204 (8 U.S.C. 154) is amended—

(1) by inserting "or on behalf of a special immigrant described in subsection (g) (1) (D) (i)” in subsection (d) after "section 101 (b) (1) (F)”, and

(2) by inserting "or special immigrant's" in subsection (d) after "child's", and

(3) by adding at the end the following new subsection:

“(g) (1) An alien (or other person on an alien's behalf) may file a petition with the Attorney General for classification of the alien as a special immigrant described in section 101 (a) (27) (I). Such petition shall be approved only if the Attorney General determines that the alien

"(A) has registered, in a manner prescribed by the Attorney General, for special immigrant status under section 101 (a) (27) (I) not later than three years after the date of the enactment of this subsection;

"(B) is unmarried and, on the date of the enactment of this subsection, was under 21 years of age;

"(C) was born in Korean, Vietnam, Kampuchea, Laos, or Thailand and was fathered by a citizen of the United States who (at the time of the alien's conception) was serving in the Armed Forces of the United Sttaes; and

"(D) (i) is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizens at least 25 years of age, who have or has complied with the preadoption requirements, if any, of the person's proposed residence, and for whom a homestudy (described in subsection (d)) has been provided, or

"(ii) has provided the Attorney General with a guarantee of financial support which meets the standards established under paragraph (3). No natural parent or prior adoptive parent or bother or sister of any such alien shall thereafter, by virtue of such relationship, be accorded any right, privilege, or status under this Act.

"(2) In considering petitions filed under paragraph (1), the Attorney General shall

"(A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of the alien's birth in order to make the determination described in paragraph (1) (C), and

"(B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, an alleged fatler who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative.

“(3) (A) A guarantee of financial support for an alien referred to in paragraph (1) (D) (ii) must

“(i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph referred to as the 'sponsor') who is 21 years of age or older and is a citizen of the United States or alien lawfully admitted for permanent residence, and

"(ii) provide that the sponsor agrees to provide, during the period teginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence and ending five years later or, if later, the date on which the alien becomes 21 pears of age, such financial support as is necessary to maintain the income of tl:e sponsor's family including the alien (if the alien is living with the family) or the income of the alien (if living apart from the family) at a level equal to at least 125 percent of the current official poverty line (as established by the Director of the Office of Management and Budget under secton 673 (2) of the Omnibus Budget Reconciliation Act of 1981 and as revised by the Secretary of Health and Human Services under section 652 of such Act) for a family of the same size as the size of the sponsor's family (including the alien) or for a family of one person, respectively.

"(B) The guarantee of financial support described in subparagraph (A) may be enforced with respect to an alien against his sponsor in a civil suit brought by the Attorney General in the United States district court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11, United States Code.".

(c) Section 212(d) (8 U.S.C. 1182 (d)) is amended by adding at the end the following new paragraph:

"(11) The Attorney General may, in his discretion and under such conditions as he may prescribe, waive the provisions of subparagraph (E) of section 101 (b) (1), insofar as they require that a child be in the legal custody of, and have

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resided with, an adopting parent for at least two years in the case of an alien described in subparagraphs (A), (B), and (C) of section 204(g)(1). In the case of such a waiver, the Attorney General may require compliance with such pre- or post-adoption requirements (including a home study described in section 204(d)) as may be necessary to assure the well-being of such aliens.”.

(d) The Attorney General shall report to Congress not later than December 31, 1984, on the registration and admission into the United States of special immigrants under section 101(a)(27)(I) of the Immigration and Nationality Act, and shall include in such report such recommendations for changes with respect to the conditions of entry of such special immigrants as he deems appropriate.

G-4 SPECIAL IMMIGRANTS

SEC. 203. (a) Section 101(a)(27) (8 U.S.C. 1101(a)(27)), as amended by the previous section, is further amended by striking out "or" at the end of subparagraph (H), by striking out the period at the end of subparagrauh (I) and inserting in lieu thereof "; or ", and by adding at the end the following new subparagraph:

“(J) an immigrant who entered the United States with the status of a nonimmigrant under paragraph (15) (G)(iv) and who—

“(i) is the unmarried son or daughter of an officer or employee of an international organization described in paragraph (15) (G) (iv), and (I) while maintaining the status of a nonimmigrant under paragraph (15) (G)(i) or paragraph (15) (N), has resided and been physically present in the United States within seven years of the date of application for a visa under this subparagraph and for a period or periods aggregating at least seven years between the ages of five and 18 years, and (II) applies for admission under this subparagraph no later than his twenty-fifth birthday or six months after the date this subparagraph is enacted, whichever is later; or

"(ii) is the surviving spouse of a deceased officer or employee of such an international organization, and (I) while maintaining the status of a nonimmigrant under paragraph (15) (G) (iv) or paragraph (15) (N), has resided in the United States within seven years of the date of application for a visa under this subparagraph and for a period or periods aggregating at least 15 years prior to the death of such officer or employee, and (II) applies for admission under this subparagraph no later than six months after the date of such death or six months after the date this subparagarph is enacted, whichever is later.". (b) Section 101(a) (15) (8 U.S.C. 1101(a)(15)) is amended by striking out "or" at the end of subparagraph (L), by striking out the period at the end of subparagraph (M) and inserting in lieu thereof "; or", and by adding at the end the following new subparagraph:

"(N) (i) the parent of an alien accorded the status of a special immigrant under paragraph (27) (J)(i), but only if and while the alien is a child, or "(ii) a child of such parent or of an alien accorded the status of a special immigrant under paragraph (27) (J) (ii).”.

MISCELLANEOUS PROVISIONS

SEC. 204. (a) Section 101 (b)(1) (D) (8 U.S.C. 1101 (b) (1) (D)) is amended by inserting "or natural father" after "natural mother”.

(b) Section 19(2) of Public Law 97-116 is amended by inserting "(A)" after "because" and by adding before the semicolon at the end the following: ", or (B) the alien was entering the United States for the purpose of retirement, would not seek gainful employment in the United States, had purchased property in the United States before such date, and had demonstrated the ability for self-support while in retirement".

(c) In the case of an alien

(1) who is in the United States on October 1, 1982,

(2) who, as of such date

(A) has had a petition approved for classification under section 203 (a) (3) or (6) of the Immigration and Nationality Act, and

(B) has been issued a labor certification under section 212(a) (14) of

such Act with respect to employment for an employer,

(3) who intends to remain in the United States for the purpose of performing such employment, and

(4) with respect to whom the Attorney General estimates that an immigrant visa will become available before October 1, 1984,

the Attorney General may provide that, notwithstanding any provision of section 214 of the Immigration and Nationality Act, the alien may be classified as a nonimmigrant under section 101(a) (15) (H)(ii) of such Act with respect to such employment until October 1, 1984, or, if earlier, one month after the date the alien's immigrant visa becomes available. For purposes of applying section 245 of such Act an alien classified as a nonimmigrant under this subsection, the alien shall be considered to have been inspected and admitted into the United States and subsection (c) (2) of that section shall not apply.

PART B-NONIMMIGRANTS

H-2 WORKERS

SEC. 211. (a) Paragraph (15) (H) of section 101 (a) (8 U.S.C. 1101(a)) is amended by striking out "to perform temporary services or labor, if unemployed persons capable of performing such service or labor cannot be found in this country" in clause (ii) and inserting in lieu thereof "(a) to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121 (g) of the Internal Revenue Code of 1954 and agriculture defined in section 3(f) of the Fair Labor Standards Act of 1938, of a temporary or seasonal nature, or (b) to perform other temporary services or labor".

(b) Section 214 (8 U.S.C. 1184) is amended

(1) by adding at the end of subsection (a) the following new sentences: "An alien may not be admitted to the United States as a nonimmigrant—

"(1) under section 101 (a) (15) (H) (ii) (a) for an aggregate period longer than the period (or periods) determined by regulations of the Secretary of Labor, or

"(2) under section 101(a) (15) (H) (ii) if the alien was admitted to the United States as such a nonimmigrant within the previous five-year period and the alien during that period violated a term or condition of such previous admission.

The Attorney General shall provide for such endorsement of entry and exit documents of nonimmigrants described in section 101 (a) (15) (H) (ii) as may be necessary to carry out this section and to provide notice for purposes of section 274A.",

(2) by inserting “(1)” after "(c)" in subsection (c), and

(3) by adding at the end of subsection (c) (1), as so redesignated, the following: "For purposes of this paragraph the term 'appropriate agencies of Government' means the Department of Labor and includes, with respect to nonimmigrants described in section 101 (a) (15) (H) (ii) (a), the Department of Agriculture.

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‘(2)(A)(i) A petition to import an alien as a nonimmigrant under section 101 (a) (15) (H)(ii)(a) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that—

"(I) there are not sufficient workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labor or services involved in the petition, and

"(II) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.

"(ii) A petition to import an alien as a nonimmigrant under section 101 (a) (15) (H) (ii) (b) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that

"(I) there are not sufficient qualified workers available in the United States to perform the labor or services involved in the petition, and

"(II) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.

"(iii) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification.

"(B) The Secretary of Labor may not issue a certification under subparagraph (A)

"(i) if there is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification, or

"(ii) with respect to an employer if the employer during the previous two-year period employed nonimmigrant aliens admitted to the United States under section 101 (a) (15) (H)(ii) and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers.

No employer may be denied certification under clause (ii) for more than three years for any violation described in such clause.

"(3) (A) In the case of an application for a labor certification for a nonimmigrants described in section 101 (a) (15) (H) (ii) (a)—

“(i) the Secretary of Labor may not require that the application be filed more than 50 days before the first date the employer requires the labor or services of the alien;

"(ii) the employer shall be notified in writing within seven days of the date of filing if the application does not meet the standards (other than that described in paragraph (2)(A)(i)(I)) for approval and if it does not, such notice shall include the reasons therefor and permit the employer an opportunity to resubmit promptly a modified application for approval; and

"(iii) the Secretary of Labor shall make, not later than 20 days before the date such labor or services are first required to be performed, the certification described in paragraph (2)(A)(i) if the employer has complied with the criteria for certification, including criteria for the recruitment of eligible individuals as prescribed by the Secretary, and if the employer does not actually have, or has not been provided with referrals of, qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary, except that the terms of such a labor certification remain effective only if the employer continues to accept for employment, until the date the aliens depart for work with the employer, qualified eligible individuals who apply or are referred to the employer. "(B) A petition to import an alien as an nonimmigrant described in section 101 (a) (15) (H)(ii)(a), and an application for a labor certification with respect to such an alien, may be filed by an association representing agricultural producers which use agricultural labor or services. The filing of such a petition or application on a member's behalf does not relieve the member of any liability for representations made in such petition or application.

"(C) (i) The Secretary of Labor shall provide for an expedited procedure for the review of a denial of certification under paragraph (2)(A)(i).

"(ii) The Secretary of Labor shall expeditiously, but in no case later than 72 hours after the time a new determination is requested, make a new determination on the request for certification in the case of importing a nonimmigrant described in section 101 (a) (15) (H)(ii)(a) if able, willing, and qualified eligible individuals are not actually available at the time such labor or services are required and a certification was denied in whole or in part because of the availability of qualified eligible individuals. If the employer asserts that any eligible individuals who have been referred are not able, willing or qualified, the burden of proof is on the employer to establish that the individuals referred are not able, willing, or qualified because of employment-related reasons as shown by their job performance.

"(D) For purposes of this paragraph, the term ‘eligible individual' means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 274A (a) (4)) with respect to that employment.

"(4) The Secretary of Labor, in consultation with the Attorney General and the Secretary of Agriculture, shall annually report to the Congress on the certifications provided under this subsection, the impact of aliens admitted pursuant to such certifications on labor conditions in the United States, and on compliance of employers and nonimmigrants with the terms and conditions of such nonimmigrants' admission to the United States.

"(5) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1983, $10,000,000 for the purposes (A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants described in section 101(a) (15) (H) (ii), and (B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States. The

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