Page:United States Statutes at Large Volume 117.djvu/965

 117 STAT. 946

Fees.

19 USC 3805 note.

Regulations.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

PUBLIC LAW 108–77—SEPT. 3, 2003

‘‘(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. ‘‘(ii) Nothing in this subparagraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. ‘‘(D) The term ‘United States worker’ means an employee who— ‘‘(i) is a citizen or national of the United States; or ‘‘(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207 of this title, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Secretary of Homeland Security, to be employed.’’. (c) SPECIAL RULE FOR COMPUTATION OF PREVAILING WAGE.— Section 212(p)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(p)(1)) is amended by striking ‘‘(n)(1)(A)(i)(II) and (a)(5)(A)’’ and inserting ‘‘(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’. (d) FEE.— (1) IN GENERAL.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: ‘‘(11)(A) Subject to subparagraph (B), the Secretary of Homeland Security or the Secretary of State, as appropriate, shall impose a fee on an employer who has filed an attestation described in section 212(t)— ‘‘(i) in order that an alien may be initially granted nonimmigrant status described in section 101(a)(15)(H)(i)(b1); or ‘‘(ii) in order to satisfy the requirement of the second sentence of subsection (g)(8)(C) for an alien having such status to obtain certain extensions of stay. ‘‘(B) The amount of the fee shall be the same as the amount imposed by the Secretary of Homeland Security under paragraph (9), except that if such paragraph does not authorize such Secretary to impose any fee, no fee shall be imposed under this paragraph. ‘‘(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s).’’. (2) USE OF FEE.—Section 286(s)(1) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(1)) is amended by striking ‘‘section 214(c)(9).’’ and inserting ‘‘paragraphs (9) and (11) of section 214(c).’’. SEC. 403. LABOR DISPUTES.

Section 214(j) of the Immigration and Nationality Act (8 U.S.C. 1184(j)) is amended— (1) by striking ‘‘(j)’’ and inserting ‘‘(j)(1)’’; (2) by striking ‘‘this subsection’’ each place such term appears and inserting ‘‘this paragraph’’; and (3) by adding at the end the following: ‘‘(2) Notwithstanding any other provision of this Act except section 212(t)(1), and subject to regulations promulgated by the Secretary of Homeland Security, an alien who seeks to enter the United States under and pursuant to the provisions of an agreement

Jkt 019194

PO 00000

Frm 00972

Fmt 6580

Sfmt 6581

D:\STATUTES\2003\19194PT1.001

APPS10

PsN: 19194PT1

�