To add the Republic of Korea to the E-3 nonimmigrant visa program.
Officially: “To add the Republic of Korea to the E-3 nonimmigrant visa program.” Read the full text
What it does
Read it in plain language
1E-3 visas for Republic of Korea nationals
This section would add nationals of the Republic of Korea to the E-3 nonimmigrant visa category, which currently covers only nationals of Australia. Korean nationals would become eligible for E-3 visas on a basis of reciprocity and under an agreement as determined by the Secretary of State. For any E-3 employment attestation filed on behalf of a Korean national, the employer would have to be, and would have to remain for as long as that Korean national's authorized employment lasts, a participant in good standing in the E-Verify employment verification program. The section would also rewrite the annual numerical limits on E-3 initial visa applications: the Secretary of State could approve no more than 10,500 initial applications in a fiscal year for nationals of Australia, and could approve initial applications for nationals of the Republic of Korea only up to a number equal to 10,500 minus the number of Australian-national applications approved in the prior fiscal year. An approved application for a Korean national would count, for purposes of these numerical limits, as if it had been approved on September 30 of the prior fiscal year. These numerical limits would apply only to the principal visa applicant, not to that person's spouse or children. The section also fixes a numbering conflict in existing law by renumbering an existing, duplicate subsection (t) as subsection (u), unrelated to the E-Verify requirement added by this section. This Act would take effect 180 days after the date it is enacted.
Show official text
1. E–3 visas for Republic of Korea nationals (a) In general Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(iii) ) is amended by inserting or, on a basis of reciprocity and pursuant to an agreement as determined by the Secretary of State, a national of the Republic of Korea, after Australia . (b) Employer requirements Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108–77 (117 Stat. 941)) the following: (E) In the case of an attestation filed with respect to a national of the Republic of Korea described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Republic of Korea national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). . (c) Application allocation Paragraph (11) of section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(11) ) is amended to read as follows: (11) (A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: (i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. (ii) For applicants who are nationals of the Republic of Korea, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. (B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. (C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens. . (d) Effective date This Act shall take effect on the date that is 180 days after the date of enactment of this Act.
Where it is
In the House.