Page:United States Statutes at Large Volume 104 Part 6.djvu/630

 104 STAT. 5020 PUBLIC LAW 101-649—NOV. 29, 1990 (b) CONSTRUCTION RESPECTING INTENT WITH RESPECT TO ABANDON- MENT 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-IB CATEGORY. — (1) IN GENERAL.—Subclause (b) of section 101(a)(15XH)(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)(l), 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)(l)". (2) SPECIALTY OCCUPATION DEFINED.— Section 214, as amended by section 202(a) and subsections (a) and (b), is further amended by adding at the end the following new subsection: "(i)(1) For purposes of section 101(a)(15XHXi)(b) and paragraph (2), the term 'specialty occupation' means an occupation that requires— "(A) theoretical and practical application of a body of highly specialized knowledge, and "(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. "(2) For purposes of section 101(a)(15XHXi)(b), the requirements of this paragraph, with respect to a specialty occupation, are— "(A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation, "(B) completion of the degree described in paragraph (1)(B) for the occupation, or "(C)(i) experience in the specialty equivalent to the completion of such degree, and (ii) recognition of expertise in the specialty through progressively responsible positions relating to the specialty. ". 8 USC 1182. (3) LABOR CONDITION APPLICATION FOR H-IB. —Section 212 is amended by adding at the end the following new subsection: "(n)(1) No alien may be admitted or provided status as a nonimmigrant described in section 101(a)(15XHXi)(b) in an occupational

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