Page:United States Statutes at Large Volume 114 Part 2.djvu/371

 PUBLIC LAW 106-313—OCT. 17, 2000 114 STAT. 1253 the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).". (b) CONFORMING AMENDMENTS.— (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking "paragraphs (3) and (4)" and inserting "paragraphs (3), (4), and (5)". (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking "the proportion of the visa numbers" and inserting "except as provided in subsection (a)(5), the proportion of the visa numbers". (c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING. — 8 USC ii84 note. Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien who— (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. SEC. 105. INCREASED PORTABILITY OF H-IB STATUS. (a) IN GENERAL.—Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: "(m)(l) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on benalf of such nonimmigrant as provided under subsection (a). Emplojmtient authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. "(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien— (A) who has been lawfully admitted into the United States; "(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and "(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 8 USC 1184 note, shall apply to petitions filed before, on, or after the date of enactment of this Act. SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICA- TIONS. (a) EXEMPTION FROM LIMITATION. —The limitation contained 8 USC 1184 note, in section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a

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