Subject: NDUS-Visa, Immigration Bill

From: Yongdong Wang <[email-masked]>
Date: Sat, 10 Nov 90 22:56:21 -0800

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                            November 10,  1990

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1. CCSA/IFCSS: Briefing ............................................. 28
2. NAFSA Update: The Immigration Act of 1990 ........................ 550

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1. CCSA/IFCSS: Briefing ............................................. 28
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From: [email-masked]

               CCSA/IFCSS: BRIEFING

        Many people have been wondering and requested a detailed
review of the results of our effort in pushing for Mitchell-Dole-
Gorton amendment and the HR4939 with Pelosi amendment.

        We have intended to do so and have been working on it.
The key reason for the delay was because the Immigration Bill
is complexed and its fine-tuned final version has not been released.
Our lawyers are still working on figuring out the detailed contents
of the bill, particularly its impact on Chinese students in the U.S.
One reason that the bill's public version was delayed is due to
the reelection.  The Congress has put pretty much all of its effort
in the election.  Now it is over and we expect this process will
be speeding up.

        We will continue to post, in the coming weeks, the related
information about those legislations, including what exactly happened,
what is the consequence, and what are our future options and plans.

        Regards,

Haiching Zhao
Chairman
CCSA/IFCSS

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2. NAFSA Update: The Immigration Act of 1990 ........................ 550
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FROM:     Bill Carroll, Amy Yenkin, NAFSA Central Office
RE:       Summary of Immigration Bill (NAFSA Update No. 118)
DATE:     Friday, November 9, 1990

     In this week's update we reproduce below our summary of the
"Immigration Act of 1990" (S.358), passed by Congress on October
27.  Be forwarned, this is a LONG update (11 pages)!  However,
there are many provisions in the bill that are relevant to both
international students and scholars.
     With a huge backlog of bills that were passed by Congress in
the final days before adjournment, President Bush has not yet
received S.358 for his signature.  When a final printed version
of the legislation is presented to him, he will have 10 days to
act upon it.  All indications are that presidential approval
should be forthcoming within the next week.  Shortly after the
House-Senate conference committee reached agreement on the bill
two weeks ago, the administration voiced its support for S.358.
     There are many provisions in S.358 that will require closer
examination by NAFSA and other interest groups.  Moreover, many
details concerning implementation of the legislation as a whole,
will depend on regulations to be written by INS, the Department
of Labor, and other relevant federal agencies during the next
year.  PLEASE NOTE THAT FOR THE MOST PART, THE CHANGES MADE BY
S.358 WILL NOT GO INTO EFFECT UNTIL OCTOBER 1, 1991 (start of the
1992 fiscal year).

                     * * * * * * * * * * * *

             "The Immigration Act of 1990" (S. 358)

Summary of Provisions Relevant to U.S. Colleges and Universities
 (Based on draft language from House-Senate conference committee
                     dated October 25, 1990)

                      Title I -- IMMIGRANTS

Section 101:  Worldwide Levels

     Divides visas between family-based, employment-based, and
"diversity" immigrants.  Limits overall number of immigrants to
700,000 per year, dropping to 675,000 per year beginning in
fiscal year 1995.
     Within overall total, family-based immigrants limited to
465,000 per year, with increase to 480,000 beginning in fiscal
year 1995.  Immediate relatives (defined as children, spouse,
and/or parents of a U.S. citizen) not counted as part of
numerical limit.  Employment-based immigrants limited to 140,000
per year, divided between professionals and skilled workers.
Diversity immigrants (defined as nationals of underrepresented
countries) limited to 55,000 per year.

Section 121:  Employment-Based Immigrants

New employment-based categories:

     1. Priority Workers.  40,000 visas per year, plus any unused
visas from groups 4 and 5 below.  No labor certification
required.  Includes the following:

     (a) Aliens with "extraordinary ability" in the sciences,
     arts, education, business, or athletics.  Requires sustained
     "national or international acclaim" and achievements
     recognized in the field through extensive documentation.
     Applicant must seek to enter U.S. to continue work in area
     of extraordinary ability.  Alien's entry must "substantially
     benefit prospectively" the United States.

     (b) "Outstanding" professors and researchers.  Requires
     alien to be recognized internationally as outstanding in a
     specific academic area and to have at least 3 years of
     teaching or research experience in the academic area.  The
     applicant must be entering the United States for a tenured
     or tenure-track position within a university or higher
     education institution to teach or conduct research in the
     academic area.  Also allows entry for a "comparable
     position" to conduct research with a private employer.

     (c) Certain multinational executives and managers.  Requires
     alien to be employed with sponsor for at least 1 year in
     the 3 years preceding the immigrant visa application.
     Alien must intend to enter United States to work for same
     employer (or for a subsidiary or affiliate of the company)
     in a managerial or executive position.

     2. Professionals Holding Advanced Degrees or Aliens of
"Exceptional Ability".  40,000 visas per year, plus any unused
visas from group 1 above.  Labor certification required.
Available to aliens in two groups:

     (a) Qualified immigrants who are members of the professions
     "holding advanced degrees", or their equivalent.

     (b) Individuals of "exceptional" ability in the sciences,
     arts, or business who will substantially benefit the United
     States.  Definition of exceptional ability requires more
     than a mere license or degree.

In both groups above, Attorney General may waive requirement of a
job offer from the U.S. employer, when presence of the alien is
considered to be "in the national interest."

     3. Skilled Workers, Professionals Holding Basic Degrees, and
"Other Workers".  40,000 visas per year, plus any unused visas
from groups 1 and 2 above.  Labor certification required.

     (a) Skilled workers.  Must have 2 years of training or
     experience.  Must be entering United States to perform
     skilled labor, not of a temporary or seasonal nature, for
     which qualified U.S. workers are not available.

     (b) Professionals.  Must hold baccalaureate degree and be
     a member of the professions.

     (c) Other workers.  Must be entering United States to
     perform unskilled labor, not of a temporary of seasonal
     nature, for which qualified workers are not available in the
     United States.  Limited to 10,000 visas per year out of
     40,000 noted above.

     4. Certain Special Immigrants (e.g. ministers, and religious
workers).  10,000 visas per year.  No labor certification
required.

     5. Investors.  10,000 visas per year, with 3,000 visas to be
set aside for investors in targeted geographic areas of the
United States.  No labor certification required.  Alien must:

     (a) establish new commercial enterprise investing capital of
     at least $1,000,000

     (b) establish business that will create full-time
     employment for at least 10 U.S. citizens, permanent
     residents, or other immigrants with work authorization.

Section 122:  Changes in Labor Certification Process

     1. Pilot Program on Labor Market Information.  To be
administered for 3-year period, beginning in fiscal year 1992.
Permits the Secretary of Labor to designate up to 10 occupational
classifications, using labor market and other information, for
testing of labor shortages and surpluses.  Labor certifications
filed in shortage fields will be considered to be approved.
Labor certifications filed in surplus fields may be approved,
provided that the employer shows evidence from "extensive
recruitment efforts" that certification requirements have been
met.  Requires Secretary to report to Congress by April 1, 1994
on whether pilot program should be continued and number of
occupations expanded.

     2. Notice to Bargaining Representatives.  Requires employer
to send notice of the filing of labor certification to the
bargaining representative (if any) of the employer's employees in
the occupational classification and area for which aliens are
sought.  If no such representative exists, notice is to be given
to employees through posting in "conspicuous locations."

Section 141:  Commission on Legal Immigration Reform

     Establishes Commission on Legal Immigration Reform beginning
October 1, 1991, to be composed of 9 members appointed by the
president and congressional leaders.  Commission will review and
evaluate the effect of S. 358, with attention to the impact of
the employment-based and diversity programs on labor needs,
employment, and other conditions in the United States.  Will also
evaluate impact of numerical limitation on admission of H-1B
nonimmigrants (see below).  Commission will provide Congress with
a first report by September 30, 1994 and a final report by
September 30, 1997.

Section 161:  Effective Dates and Transition Periods

     1. Effective Date for Immigrant Visa Provisions.
Establishes October 1, 1991 (start of 1992 fiscal year) as
implementation date for most immigrant visa provisions.

     2. 3rd and 6th Preference Petitions.  To maintain priority
dates for 3rd and 6th preference petitions filed before October
1, 1991, a petition for classification under the new categories
must be filed no later than October 1, 1993.

     3. Labor Certification.  Certifications approved under
current law, will be considered as approved under the new law.

               * * * * * * * * * * * * * * * * *

                    TITLE II -- NONIMMIGRANTS

Section 201:  Revision/Extension of the Visa Waiver Pilot Program

     Extends visa waiver pilot program for B-1/B-2 nonimmigrants
until September 30, 1994.  Revises program to remove original
limit of 8 countries, allowing participation of any country which
meets pilot program requirements.

Section 205:  H Nonimmigrant Temporary Workers and Trainees

     1. Visa Limits.  Places a cap of 65,000 on the number of H-
1B workers to be admitted to the United States each year and
limits H-2B workers to 66,000 annually (both beginning in fiscal
year 1992).  Annual limits include both visa applications filed
abroad as well as change-of-status requests filed in the U.S.
Caps only apply to principal aliens and not to spouses or
children.

     2. Length of Stay.  Extends period of admission for H-1B
workers from current limit of 5 years to 6 years.

     3. Dual Intent.  For H-1 and L nonimmigrants, eliminates the
presumption of immigrant intent and states that the filing of an
immigrant visa petition does not constitute evidence of an intent
to abandon a foreign residence.

     4. Redefinition of the H-1B Category.  No longer includes
nurses, entertainers, athletes, or artists who are moved to
separate nonimmigrant categories (see below).  Redefines category
to include only aliens employed in "specialty occupations."
Requires practical application of highly specialized knowledge
and attainment of a bachelor's or higher degree in the specific
specialty.  A specialty occupation also requires either full
state licensure to practice (if required for the profession),
completion of an appropriate degree, or experience equivalent to
a degree through progressively responsible positions in the
specialty.

     5. Labor Attestation.  Establishes new requirement of labor
attestation for H-1B nonimmigrants to be filed by employer with
Department of Labor.  Requires employer to document wages and
working conditions provided as well as the absence of a strike or
lockout.  Directs employer to notify bargaining representative of
employees in the occupation of the filing of the attestation.  If
no bargaining representative exists, requires employer to post
notice of filing in conspicuous location at place of employment.
Establishes complaint procedure for any "aggrieved person or
organization" to challenge an attestation.

     6. Limitation on H-3 Trainees.  Requires that the training
program for H-3 trainees not be designed primarily to provide
productive employment in the U.S.

Section 207:  New "O" and "P" Nonimmigrant Categories

     1. New O Category.  Divided into three groups below.  Length
of stay limited to the period of event for which the alien is
coming to the United States.  No numerical limits on number of O
nonimmigrants allowed admission per year.

     (a) O-1 category.  For aliens of "extraordinary ability" in
     the sciences, arts, education, business, or athletics as
     demonstrated by "sustained national or international
     acclaim."  Achievements must be recognized in the field
     through extensive documentation.  Attorney General must
     determine that alien's entry will "substantially benefit
     prospectively" the United States and must consult with peer
     groups, unions, or management groups in the alien's field.

     (b) O-2 category.  For aliens entering U.S. solely to assist
     in the performance of an alien of extraordinary ability and
     who are an integral part of that performance, through
     critical skills or a longstanding relationship with the O-1
     nonimmigrant.  Requires Attorney General to consult with
     appropriate labor organizations.

     (c) O-3 category.  For spouses and minor children of O-1 or
     O-2 nonimmigrants.

     2. New P Category.  Divided into four groups below.  Length
of stay limited to period of event for which alien is coming to
the United States.  Limits number of P-1 and P-3 nonimmigrants
admitted annually to 25,000.

     (a) P-1 category.  For aliens entering U.S. to perform as
     athletes or entertainers at an "internationally recognized"
     level of performance.  Admission limited to specific
     athletic competition or entertainment performance.  Requires
     Attorney General to consult with appropriate labor
     organizations.

     (b) P-2 category.  For aliens entering U.S. to perform as
     artists or entertainers under a reciprocal exchange program
     between a U.S. organization (or organizations) and the
     foreign counterpart (or counterparts).  Requires Attorney
     General to consult with appropriate labor organizations.
     Prohibits P-2 nonimmigrants from re-entering U.S. in P-2
     status for 3 months after the date of the most recent
     admission.

     (c) P-3 category.  For aliens entering U.S. to perform as
     artists or entertainers under a program that is "culturally
     unique."  Requires consulation with labor organizations.
     Prohibits P-3 nonimmigrants from re-entering U.S. in P-3
     status for 3 months after the date of the most recent
     admission.

     (d) P-4 category.  For spouses and minor children of P-1, P-
     2, and P-3 nonimmigrants.

Section 208:  New "Q" Nonimmigrant Category for International
Cultural Exchange Programs

     Establishes new Q nonimmigrant category for aliens coming
temporarily to the United States for a period not to exceed 15
months as a participant in an international cultural exchange
program designated by the Attorney General.  Program must be for
the purpose of providing practical training, employment, and the
sharing of the history, culture, and traditions of the country of
the alien's nationality.  The Q nonimmigrant must be employed
under the same wages and working conditions as domestic workers.

Section 209: New "R" Nonimmigrant Category for Religious Workers

     Creates new R nonimmigrant category for aliens who have been
members of a religious denomination for at least 2 years before
entering the United States.  Denomination must have nonprofit,
religious organization in the U.S. and alien must be seeking
entry to perform work as minister for a period not exceeding 5
years.

Section 221:  Off-Campus Work Permission for F-1 Students

     1. Conditions. Establishes 3-year pilot provision (beginning
October 1991) allowing F-1 students to work off campus in a
position unrelated to the field of study under the following
conditions:

     (a) Student must have completed 1 year as an F-1
     nonimmigrant and must be in good academic standing.

     (b) Student cannot be employed more than 20 hours per week
     during the academic term, but may seek full-time work during
     vacation periods and between academic terms.

     2. Employer Attestation. The employer must provide the
educational institution and the Department of Labor with an
attestation that the employer has:

     (a) recruited for at least 60 days for the position, and

     (b) will provide payment to the student and to other
     "similarly situated workers" at a rate equal to the actual
     wage level for the occupation at the place of employment or,
     if greater, the prevailing wage level.

     3. Employer Penalities. If the Labor Department determines
that an employer has filed a false attestation or has failed to
pay wages in accordance with the attestation, the employer will
be disqualified from employing F-1 students under conditions
noted above.

     4. Report to Congress.  Directs the INS commissioner to
submit a report to Congress by April 1, 1994 recommending whether
the off-campus work provision should be extended, and the impact
of the provision on prevailing wages of workers.

Section 233:  Special Education Exchange Visitor Program

     Directs Attorney General to provide "nonimmigrant status" to
aliens coming temporarily to the United States (for a period not
to exceed 18 months) as participants in special education
training programs which provide experience in the education of
children with physical, mental, or emotional disabilities.  Sets
limit of 50 participants per fiscal year.

Section 231:  Effective Dates

     Establishes October 1, 1991 as the effective date for all
nonimmigrant category changes, with exception of special
education exchange provision noted above which goes into effect
as soon as bill is signed into law.

                  * * * * * * * * * * * * * *

    TITLE III -- FAMILY UNITY AND TEMPORARY PROTECTED STATUS

Section 302:  Temporary Protected Status

     Creates safe-haven provision for nationals of designated
foreign states, known as "temporary protected status" (TPS).
Benefit is to be granted by Attorney General and prevents the
alien from being deported from the United States during the
period in which TPS is in effect.

     1. Designation of Foreign States.  The Attorney General,
after consultation with appropriate U.S. government agencies, may
designate any foreign state under this section upon finding that:

     (a) there is ongoing armed conflict within the state which
     would endanger the safety of nationals attempting to return
     home,

     (b) there has been an earthquake, flood, drought, epidemic,
     or other environmental disaster resulting in the disruption
     of living conditions,

     (c) the foreign state is unable, temporarily, to handle
     adequately the return home of its nationals,

     (d) the foreign state has requested TPS designation,

     (e) "extraordinary" and temporary conditions in the foreign
     state exist that prevent its nationals from returning home
in safety.

Requires designation of a foreign state to be published in the
Federal Register, with TPS to take effect on date of publication
or at later date chosen by Attorney General.  Requires initial
designation period to be at least 6 months, but not greater than
18 months.

     2. Periodic Review, Termination, and Extension of TPS.
Requires Attorney General, in consultation with other government
agencies, to review conditions in foreign state at least 60 days
before TPS designation is due to expire.  Notice of whether TPS
will be extended or terminated must be published on "timely
basis."  Extension of TPS must be done for additional period of
at least 6 months, or at discretion of Attorney General, for a
period of 12 or 18 months.  Termination of TPS must be made known
through Federal Register notice, with explanation for action.
Termination shall not be effective earlier than 60 days after the
date of the notice.

     3. Eligible Aliens.  To be eligible for TPS, alien of
designated foreign state must be "continuously physically
present" in the United States since effective date of most recent
designation or other date chosen by Attorney General.  Requires
alien to be admissible to the United States as an immigrant and
to register for TPS during 180-day registration period.  Allows
Attorney General to levy registration fee of not more than $50.

     4. Ineligible Aliens/Withdrawal of TPS.  Any alien convicted
of a felony or two or more misdemeanors committed in the United
States is ineligible for TPS.  Alien who has committed serious
crime in home country, has participated in persecution of others,
or who is judged to be a threat to U.S. security is also
ineligible.  Attorney General may withdraw TPS from individual if
alien has not remained continuously physically present in the
United States, or if alien fails to register with Attorney
General at the end of each 12-month period while TPS is in
effect.

     5. Brief, Casual, and Innocent Departures.  Allows alien to
make "brief, casual, and innocent" departures from United States
while being considered as maintaining continuous physical
presence in U.S.  Brief, temporary trips abroad due to emergency
or extenuating circumstances beyond the alien's control are also
allowed.

     6. Documentation.  Requires Attorney General to issue
temporary document to aliens benefiting from TPS for work
authorization and other purposes (see below).

     7. Benefits and Status During TPS.  Provides following
benefits and conditions to alien in TPS:

     (a) work authorization with appropriate work permission
     document,

     (b) travel abroad with prior consent of Attorney General,

     (c) maintenance of lawful status as nonimmigrant for
     purposes of adjustment of status under INA section 245, and
     change of status under INA section 248.

     8. Executive Order on PRC Nationals.  Clarifies that TPS
provisions do not supercede or affect Executive Order 12711,
dated April 11, 1990, concerning nationals of the People's
Republic of China.

Section 303:  Designation of TPS for Salvadorans

     Designates nationals of El Salvador as first beneficiaries
of TPS.  Takes effect on date bill is signed into law by
President and remains in effect until end of 18-month period
beginning January 1, 1991.  Eligible Salvadorans must have been
continuously physically present in the United States since
September 19, 1990, and must register for TPS during period
beginning January 1, 1991 and ending on June 30, 1991.  Directs
Attorney General to provide advance parole to allow re-entry of
Salvadorans who must depart U.S. for brief, temporary travel
abroad due to emergency circumstances.

(Note: Although other foreign nationals are not designated in
S.358 as initial beneficiaries of TPS, House and Senate conferees
have urged the Attorney General to consider favorably the
granting of TPS to nationals of Kuwait, Lebanon, and Liberia.)

                 * * * * * * * * * * * * * * *

             TITLE VI -- EXCLUSION AND DEPORTATION

Section 601:  Revision of Grounds for Exclusion

     Revises classes of aliens who are ineligible to receive
visas and who are excluded from admission to the United States.
Eliminates exclusion based on political beliefs, sexual
orientation, and most mental and physical disorders.  Allows
Secretary of Health and Human Services to determine communicable
diseases of "public health significance" that could be used as
grounds for exclusion (e.g. AIDS).  (See below for details on two
most significant provisions for colleges and universities.)

     1. Political Beliefs.  Government officials and private
citizens of foreign countries shall not be excludable or subject
to restrictions or conditions on entry into the United States
based on their past, current, or expected beliefs, statements, or
associations, if such beliefs would be lawful in the United
States.  Allows Secretary of State to exclude alien if determined
that admission to U.S. would compromise "compelling United States
foreign policy interests."  Requires Secretary of State to notify
chairmen of House and Senate Judiciary and Foreign Affairs
Committees if such a determination is made.

     2. Immigrant Membership in Totalitarian Party.  Any
immigrant who is or has been a member of the Communist party or
any other "totalitarian" party is excludable, except in certain
cases.  Allows exception for involuntary membership, membership
when alien was under age 16, or membership for obtaining
employment, food rations, or other essentials of living (whether
necessary for such purposes).  Also allows exception for past
party membership if terminated at least 2 years before the date
of visa application (five years in case of alien whose membership
was with party controlling government under totalitarian
dictatorship).

     3. Effective Date.  Applies exclusionary changes to
individuals entering the United States on or after June 1, 1991.
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