104 STAT. 4994 PUBLIC LAW 101-649—NOV. 29, 1990 residence (whether on a conditional basis or otherwise) under i section 203(b)(5). "(2) The term 'alien spouse' and the term 'alien child' mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur.". (2) ADDITIONAL GROUND FOR DEPORTATION.— For additional ground of exclusion for termination of permsment residence on a conditional basis under section 216A of the Immigration and Nationality Act, see section 241(a)(l)(D) of such Act, as amended by section 602(a) of this Act. (3) CRIMINAL PENALTY FOR IMMIGRATION-RELATED ENTREPRENEURSHIP FRAUD.—Section 275 (8 U.S.C. 1325) is amended by adding at the end the following new subsection: "(c) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.". (4) LIMITATION ON ADJUSTMENT OF STATUS.— Section 245 (8 U.S.C. 1255) is amended by adding at the end the following new subsection: "(f) The Attorney General may not adjust, under subsection (a), the status of an silien lawfully admitted to the United States for permanent residence on a conditional basis under section 216A.". (5) CONFORMING AMENDMENT. —The table of contents is amended by inserting after the item relating to section 216 the following new item: "Sec. 216A. C!onditional permanent resident status for certain alien entrepreneurs, spouses, and children.". 8 USC 1182 note. SEC. 122. CHANGES IN LABOR CERTIFICATION PROCESS. (a) LABOR MARKET INFORMATION PILOT PROGRAM FOR EMPLOY- MENT-BASED IMMIGRANTS.— (1) The Secretary of Labor shall establish a pilot program which provides for a determination, in accordance with section 553 of title 5, United States Code, of labor shortages or surpluses in up to 10 defined occupational classifications in the United States. In making such determinations, the Secretary shall consider certifications approved under section 212(a)(5)(A) of the Immigration and Nationality Act and labor market and other information. (2)(A) If under the pilot program there is a determination that there is a labor shortage with respect to an occupational classification, a certification under section 212(a)(5)(A) of the Immigration and Nationality Act for petitions for that occupational classification shall be deemed to have been issued. (B) If under the pilot program there is a determination that there is a labor surplus with respect to an occupational classification, the Secretary of Labor may nonetheless make a certification under section 212(a)(5)(A) of the Immigration and Nationality Act with regard to a specific job opportunity in the occupational classification if the employer submits evidence, bsised on extensive recruitment efforts (including such efforts as the Secretary may require), demonstrating that the employer meets all the requirements for certification under such section.
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