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H.R. 4300 (101st): Family Unity and Employment Opportunity Immigration Act of 1990

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Oct 3, 1990.

Family Unity and Employment Opportunity Immigration Act of 1990 - Title I: Family-Sponsored and Employment-Based Immigration - Subtitle A: Admission and Status - Amends the Immigration and Nationality Act (the Act) to establish separate annual worldwide levels for: (1) family-sponsored, employment-based immigration; and (2) diversity immigration. Provides for preference allocation systems for admission of family-sponsored, employment-based, and diversity immigrants, respectively. Bases diversity immigration on identification of low-admission states and regions. Provides for treatment of family members. Makes technical corrections to the Immigration Nursing Relief Act of 1989. Establishes an alternative labor attestation process. Sets forth nonimmigrant classifications. Expands availability of the E nonimmigrant visa to include trade in services or technology. Makes certain foreign states eligible for E nonimmigrant visa status on the basis of reciprocity (treaty traders). Allows foreign students, under the F nonimmigrant visa program, to work off-campus in a position unrelated to their field of study, under specified conditions, including requirements for employers to recruit domestically before employing foreign students and to pay prevailing wages. Revises nonimmigrant visa provisions for temporary workers and trainees (H nonimmigrants). Sets forth annual limitations on numbers in the following categories of H nonimmigrants: (1) temporary (redefined as specialty occupation) workers admitted on the basis of professional education, skills, and/or equivalent experience (H-1B category); and (2) temporary nonagricultural workers (H-2B category). Sets forth, also, an annual limitation on numbers in the following categories under the new P nonimmigrant visa established later in this Act: (1) athletes or entertainers for a specific performance (P-1); and (2) artists or entertainers for a culturally unique program (P-3). Limits the stay of H-1B temporary workers to six years. Removes the foreign residence requirement for H-1B temporary workers. Establishes a system which requires employers to file labor condition applications regarding recruitment, wages, and other conditions, for H-1B temporary workers. Limits H-3B category trainees to training programs that are not available in the country of the alien's nationality. Establishes a special education exchange visitor program. Provides for the admission of nonimmigrants as participants in such training program, providing for practical training experience in education of children with physical, mental, or emotional disabilities. Limits the number of such nonimmigrants to not more than 50 in any fiscal year. Establishes an au pair cultural exchange program, with visas for up to 14 months under specified conditions. Revises provisions for intra-company transferees (L nonimmigrants). Revises the treatment of certain international accounting firms. Revises procedures for processing intra-company transferees, including: (1) requiring a procedure for allowing use of blanket petitions; (2) setting deadlines for processing; and (3) revising the periods of authorized stay and of prior employment with the company. Establishes a new O nonimmigrant classification for aliens with extraordinary ability in the sciences, arts, education, business, or athletics, and for accompanying alien assistants and spouses and children. Establishes a new P nonimmigrant classification for: (1) athletes or entertainers for a specific performance (P-1); (2) artists or entertainers as part of a reciprocal exchange program (P-2); (3) artists or entertainers for a culturally unique program (P-3); and (4) accompanying spouses or children of such aliens (P-4). Establishes a new Q nonimmigrant classification for international cultural exchange programs. Revises special immigrant provisions for admission of aliens in religious occupations. Provides for denial of crewmember nonimmigrant status in the case of certain labor disputes. Subtitle B: Education and Training of American Workers - Directs the Secretary of Labor to provide for grants (from a specified account under the Act made up of fees from employers granted permission to import immigrant and certain nonimmigrant workers) to States to provide educational assistance and training for U.S. workers. Allocates such grant funds among the States according to a formula, jointly established by the Secretaries of Labor and of Education, that considers the locations of: (1) foreign workers admitted to the United States; (2) individuals in the United States requiring and desiring such assistance; and (3) unemployed and underemployed U.S. workers. Provides for disbursement of and applications for, such funds to the States. Limits State administrative expenses and Federal overhead. Directs the Secretary of Labor to report annually to the Congress on such grants. Requires that ten percent of annual deposits in the aforementioned employer fee account be available to the Secretary of Education for a higher education scholarship program for needy students pursuing degrees in mathematics or the sciences. Title II: Other Provisions Regarding Immigrant Visas - Sets forth transition provisions for aliens who are natives of certain adversely affected foreign states. Sets forth transition provisions for certain displaced aliens, namely: (1) Eastern Europeans who have been residing in another foreign state but who are not permanently resettled; and (2) Tibetans who have been residing in India or Nepal, with a preference for those who are not firmly resettled or who are most likely to be resettled successfully in the United States. Sets forth transition provisions for certain immigrants from Africa. Provides for backlog visa numbers for second and fifth preferences. Adds specified amounts of such numbers for Lebanese who are not firmly resettled in any foreign country. Sets forth transition provisions for third and sixth preference. Sets forth transition provisions for additional visas for employees of certain U.S. businesses operating in Hong Kong. Provides for treatment of Hong Kong as a separate foreign state for numerical limitation purposes. Permits extension of the validity period of immigrant visas for certain residents of Hong Kong. Sets forth transition provisions for aliens who have been notified of availability of NP-5 visas (for certain adversely affected states). Title III: Other Immigration Provisions - Subtitle A: Provisions Relating to Marriage Fraud - Allows waiver of the conditional residence requirement if the alien is a battered spouse or child (under provisions for permanent resident status based on marriage). Requires the Attorney General to establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including their whereabouts. Provides for a bona fide marriage exception to the foreign residence requirement for marriages entered into during certain immigration proceedings. Subtitle B: Provisions Relating to Immigration Reform and Control Act of 1986 - Sets forth special rules for applying certain employer sanctions to longshore work. Eliminates a paperwork requirement for recruiters and referrers, except for those which are agricultural associations, agricultural employers, or farm labor contractors. Permits court-ordered remedies in certain circumstances, by providing that nothing in the Immigration Reform and Control Act of 1986 (IRCA) shall be construed as preventing a court from providing such remedies, in cases in which the court finds the Immigration and Naturalization Service (INS) has improperly applied the Act. Directs the Attorney General to provide for a temporary stay of deportation and work authorization for certain eligible immigrants who are spouses or unmarried children of a legalized alien who was provided temporary or permanent residence status under the Act or permanent residence status under the Immigration Reform and Control Act of 1986 (IRCA). Disqualifies, temporarily, such immigrants, who are granted such temporary stay, from certain public welfare assistance, on the same basis as their legalized alien relative. Provides for treatment of certain legalization applicants. Revises provisions relating to the Immigration Emergency Fund. Provides for a permanent continuing authorization sufficient to provide for a specified balance in such fund. Provides that up to a specified maximum amount from such fund shall be available, by application, to reimburse localities that have provided assistance to aliens with pending applications, whenever an INS district director certifies to the INS Commissioner that the number of asylum applications exceeds that for the preceding quarter by at least 1,000. Revises and extends the visa waiver pilot program. Provides for a one-year extension (from a one-year period to a two-year period) in the deadline for filing applications for adjustment from temporary to permanent residence for legalized aliens. Subtitle C: Miscellaneous - Provides for special immigrant status for certain aliens declared dependent on a juvenile court in the United States, if: (1) such court has deemed them eligible for long-term foster care; and (2) administrative or judicial proceedings have determined that it would not be in their best interest to be returned to their (or their parent's) previous country of nationality or country of last habitual residence. Revises health-related grounds for exclusion, repealing or revising certain current bases. Provides that determinations that an alien is excludable because of the following conditions must be carried out in accordance with regulations prescribed by the Secretary of Health and Human Services: (1) a physical or mental disorder and associated behavior, or a history of such behavior, which poses a threat (with possible discretionary waiver under specified conditions); or (2) drug abuse or addiction. Provides for temporary protected status for nationals of El Salvador, Lebanon, Liberia, and Kuwait, and other designated foreign states. Limits the period of detention of certain aliens with dependent children. Adds, as a ground for waiver of the English language requirement for naturalization, being over 55 years of age and living in the United States for at least 15 years as a permanent resident. Provides that an alien shall not be ineligible for citizenship because of an exemption from U.S. military training or service pursuant to treaty rights, if such alien served in the military of their native foreign country before exercise of such rights. Requires notice and opportunity to apply for adjustment status before termination of asylum status. Requires that any fee charged by the INS for the filing of an application to file a petition for naturalization shall be paid by the applicant at the time of the filing of such petition. Prohibits charging any application filing fee if no such petition is filed. Requires the INS to expend at least one percent of the funds deposited in the Immigration Examinations Fee Account to promote the opportunities and responsibilities of U.S. citizenship. Directs the Attorney General to report annually to the Congress on such promotional activities. Directs the INS Commissioner to report annually to the Congress on the number, and rate of administrative denials, of applications for naturalization. Requires such report to specify, for each INS district office and by national origin group, the numbers of: (1) applications classified as "returns" or "non-files"; and (2) applicants who reapply after a denial. Authorizes appropriations for FY 1991 to provide for an increase of 1,000 in the authorized personnel level of the INS border patrol.