117 STAT. 940
Aliens.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
PUBLIC LAW 108–77—SEPT. 3, 2003
that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1), or (c)’’. (2) ADMISSION OF NONIMMIGRANTS.—Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended— (A) in subsection (i)— (i) in paragraph (1), by striking ‘‘For purposes’’ and inserting ‘‘Except as provided in paragraph (3), for purposes’’; and (ii) by adding at the end the following: ‘‘(3) For purposes of section 101(a)(15)(H)(i)(b1), the term ‘specialty occupation’ means an occupation that requires— ‘‘(A) theoretical and practical application of a body of specialized knowledge; and ‘‘(B) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.’’; and (B) in subsection (g), by adding at the end the following: ‘‘(8)(A) The agreement referred to in section 101(a)(15)(H)(i)(b1) is the United States-Chile Free Trade Agreement. ‘‘(B)(i) The Secretary of Homeland Security shall establish annual numerical limitations on approvals of initial applications by aliens for admission under section 101(a)(15)(H)(i)(b1). ‘‘(ii) The annual numerical limitations described in clause (i) shall not exceed 1,400 for nationals of Chile for any fiscal year. For purposes of this clause, the term ‘national’ has the meaning given such term in article 14.9 of the United States-Chile Free Trade Agreement. ‘‘(iii) The annual numerical limitations described in clause (i) shall only apply to principal aliens and not to the spouses or children of such aliens. ‘‘(iv) The annual numerical limitation described in paragraph (1)(A) is reduced by the amount of the annual numerical limitations established under clause (i). However, if a numerical limitation established under clause (i) has not been exhausted at the end of a given fiscal year, the Secretary of Homeland Security shall adjust upwards the numerical limitation in paragraph (1)(A) for that fiscal year by the amount remaining in the numerical limitation under clause (i). Visas under section 101(a)(15)(H)(i)(b) may be issued pursuant to such adjustment within the first 45 days of the next fiscal year to aliens who had applied for such visas during the fiscal year for which the adjustment was made. ‘‘(C) The period of authorized admission as a nonimmigrant under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be extended, but only in 1-year increments. After every second extension, the next following extension shall not be granted unless the Secretary of Labor had determined and certified to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1) for the purpose of permitting the nonimmigrant to obtain such extension. ‘‘(D) The numerical limitation described in paragraph (1)(A) for a fiscal year shall be reduced by one for each alien granted an extension under subparagraph (C) during such year who has obtained 5 or more consecutive prior extensions.’’. (b) LABOR ATTESTATIONS.—Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—
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