Page:United States Statutes at Large Volume 122.djvu/880

 12 2 STA T .857PUBLIC LA W 11 0– 22 9—M A Y 8, 2008 ‘ ‘ (1)Suchan a lie n s hall b e tr eate d asan o ni m mi g rant described in section 1 0 1(a)(1 5 )o f the I mmigration and N ation - alit yA ct( 8U. S. C . 1101(a)(15)) , including the ability to a p ply, if other w ise eligible, for a change of nonimmigrant classification under section 24 8 of such Act (8 U.S.C. 1258) or ad j ustment of status under this section and section 245 of such Act (8 U.S.C. 1255). ‘‘(2) T he Secretary of H omeland Security shall establish, administer, and enforce a system for allocating and determining the number, terms, and conditions of permits to be issued to prospecti v e employers for each such nonimmigrant wor k er described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act (8 U.S.C. 1101 et se q .). In adopting and enforcing this system, the Secretary shall also consider, in good faith and not later than 3 0 days after receipt by the Secretary, any comments and advice submitted by the G overnor of the Commonwealth. This system shall provide for a reduction in the allocation of permits for such workers on an annual basisto z ero, during a period not to e x tend beyond D ecember 31, 2014, unless extended pursuant to paragraph 5 of this subsection. In no event shall a permit be valid beyond the expiration of the transition period. This system may be based on any reasonable method and criteria determined by the Secretary of Homeland Security to promote the maximum use of, and to prevent adverse effects on wages and working conditions of, workers authorized to be employed in the United States, including law- fully admissible freely associated state citizen labor. No alien shall be granted nonimmigrant classification or a visa under this subsection unless the permit requirements established under this paragraph have been met. ‘‘(3) The Secretary of Homeland Security shall set the condi- tions for admission of such an alien under the transition pro- gram, and the Secretary of State shall authorize the issuance of nonimmigrant visas for such an alien. Such a visa shall not be valid for admission to the United States, as defined in section 101(a)(38) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(38)), except admission to the Commonwealth. An alien admitted to the Commonwealth on the basis of such a visa shall be permitted to engage in employment only as authorized pursuant to the transition program. ‘‘(4) Such an alien shall be permitted to transfer between employers in the Commonwealth during the period of such alien ’ s authorized stay therein, without permission of the employee’s current or prior employer, within the alien’s occupa- tional category or another occupational category the Secretary of Homeland Security has found requires alien workers to supplement the resident workforce. ‘‘(5)(A) Not later than 180 days prior to the expiration of the transition period, or any extension thereof, the Secretary of L abor, in consultation with the Secretary of Homeland Secu- rity, the Secretary of Defense, the Secretary of the Interior, and the Governor of the Commonwealth, shall ascertain the current and anticipated labor needs of the Commonwealth and determine whether an extension of up to 5 years of the provi- sions of this subsection is necessary to ensure an adequate number of workers will be available for legitimate businesses Deadlin e . Deadline. P e rm i ts .

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