Page:United States Statutes at Large Volume 104 Part 6.djvu/629

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5019 (2) by inserting ", as defined in section 258(a)" after "on board a vessel", (d) EFFECTIVE DATE.—The amendments made by this section shall 8 USC lioi note, apply to services performed on or after 180 days after the date of the enactment of this Act. SEC. 204. TREATY TRADERS (E NONIMMIGRANTS). (a) INCLUDING TRADE IN SERVICES AND TECHNOLOGY. — Section 101(a)(15)(E)(i) (8 U.S.C. 1101(a)(15XEXi)) is amended by inserting ", including trade in services or trade in technology" after "substantial trade". (b) APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN 8 USC 1101 note. STATES.— Each of the following foreign states shall be considered, for purposes of section 101(a)(15XE) of the Immigration and Nationality Act, to be a foreign state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationsils of the United States: (1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act) and (B) does not have a treaty of commerce and navigation with the United States. (2) The foreign state which (A) was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 and (B) does not have a treaty of commerce and navigation with the United States, but (C) had such a treaty with the United States before 1925. (c) SUBSTANTIAL DEFINED.—Section 101(a), as amended by section 123 of this Act, is further amended by adding at the end the following new paragraph: "(45) The term 'substantial' means, for purposes of paragraph (15XE) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.". SEC. 205. TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS). (a) LIMITATION ON NUMBERS.— Section 214 (8 U.S.C. 1184), as amended by section 202(a), is amended by adding at the end the following new subsection: "(g)(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)— "(A) under section 101(a)(15XHXiXb) may not exceed 65,000, "(B) under section 101(a)(15XHXiiXb) may not exceed 66,000, or "(C) under section 101(a)(15XPXi) or section 101(a)(15XPXiii) may not exceed 25,000. "(2) The numerical limitations of paragraph (1) shall only apply to principal aliens and not to the spouses or children of such £diens. "(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. "(4) In the case of a nonimmigrant described in section 101(a)(15XHXi)(b), the period of authorized admission as such a nonimmigrant may not exceed 6 years.".