Page:United States Statutes at Large Volume 114 Part 2.djvu/372

 114 STAT. 1254 PUBLIC LAW 106-313—OCT. 17, 2000 visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since— (1) the filing of a labor certification application on the alien's behalf (if such certification is required for the alien to obtain status under such section 203(b)); or (2) the filing of the petition under such section 204(b). (b) EXTENSION OF H-IB WORKER STATUS.— The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien's lawful permanent residence. (c) INCREASED JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS.—(1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: "( j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE.^A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.". (2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new clause: " (iv) LONG DELAYED ADJUSTMENT APPLICANTS.—A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.". 8 USC 1153 note. (d) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS.— (1) IN GENERAL.— Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal yegir (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act. (2) NUMBER AVAILABLE. — (A) IN GENERAL.^-Subject to subparagraph (B), the number described in this paragraph is the difference between the number of emplojmtient-based visas that were made available in fiscal years 1999 and 2000 and the number of such visas that were actually used in such fiscal years. (B) REDUCTION. — The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal

�