[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4301 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4301
To grant States and Indian Tribes the authority to waive the 2-year
foreign residence requirement for educators in rural and Tribal areas,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2024
Mr. Thune (for himself, Mr. Heinrich, Mr. Rounds, and Mr. Lujan)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To grant States and Indian Tribes the authority to waive the 2-year
foreign residence requirement for educators in rural and Tribal areas,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MODIFICATION OF DEFINITIONS TO INCLUDE INDIAN TRIBES.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) in paragraph (36), by striking ``and the Commonwealth
of the Northern Mariana Islands'' and inserting ``the
Commonwealth of the Northern Mariana Islands, and each Indian
Tribe''; and
(2) by adding at the end the following:
``(53) The term `Indian Tribe' has the meaning given that
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e)).
``(54) The terms `Tribal government' and `Tribal entity'
mean the recognized governing body of an Indian Tribe.
``(55) The term `State educational agency' has the meaning
given that term in section 8101(49) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(49))''.
SEC. 2. EXCHANGE VISITOR VISA EXTENSION FOR EDUCATORS IN RURAL AND
TRIBAL AREAS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended by adding at the end the following:
``(s)(1) If the Governor of a State or a Tribal government requests
a waiver of the 2-year foreign residence requirement under section
212(e) on behalf of an alien described in clause (i) or (ii) of that
section who is a primary or secondary school teacher or an education
specialist in that State, the Secretary of Homeland Security may not
grant such a waiver unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the United
States Information Agency with a statement in writing that it
has no objection to such waiver;
``(B) the grant of such waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed 30;
``(C) the alien demonstrates a bona fide offer of full-time
employment as a teacher or an education specialist at a primary
or secondary school in a rural or Tribal area in that State;
and
``(D)(i) in the case of a request made by a Governor, the
alien agrees to begin employment with such a primary or
secondary school not later than 90 days after receiving such
waiver, and agrees to continue to work for a total of not less
than 3 years (unless the Secretary of Homeland Security
determines that extenuating circumstances exist, such as
closure of the school or hardship to the alien, which would
justify a lesser period of employment at the school, in which
case the alien must demonstrate another bona fide offer of
employment at a primary or secondary school for the remainder
of such 3-year period), in rural and underserved area (as
defined by the State educational agency); or
``(ii) in the case of a request made by a Tribal
government, the alien--
``(I) agrees to begin employment with such a
primary or secondary school of an Indian Tribe,
including any Bureau of Indian Education funded school
operated pursuant to a grant under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
or a contract under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), not
later than 90 days after receiving such waiver; and
``(II) agrees to continue to work for a total of
not less than 3 years (unless the Secretary of Homeland
Security determines that extenuating circumstances
exist, such as closure of the school or hardship to the
alien, which would justify a lesser period of
employment at the school, in which case the alien must
demonstrate another bona fide offer of employment at a
primary or secondary school for the remainder of such
3-year period).
``(2)(A) Notwithstanding section 248(a)(2), the Secretary of
Homeland Security may change the status of an alien who qualifies under
this subsection and section 212(e) to that of an alien described in
section 101(a)(15)(H)(i)(b). The numerical limitations contained in
subsection (g)(1)(A) shall not apply to any alien whose status is
changed pursuant to this subparagraph, if the alien obtained a waiver
of the 2-year foreign residence requirement upon a request by an
interested Federal agency or an interested State agency.
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of the
contract with the primary or secondary school named in the waiver
application shall be eligible to apply for an immigrant visa, for
permanent residence, or for any other change of nonimmigrant status,
until such person has resided and been physically present in the
country of his or her nationality or his or her last residence for an
aggregate of at least 2 years following his or here departure from the
United States.
``(3) Notwithstanding any other provision of this subsection, the
2-year foreign residence requirement under section 212(e) shall apply
with respect to an alien described in clause (i) or (ii) of such
section who has not otherwise been accorded status under section
101(a)(27)(H), if at any time the alien ceases to comply with any
agreement entered into under pursuant to paragraph (1)(C).
``(4) Any spouse or children of an alien granted a waiver under
this subsection shall be included in such waiver.
``(5) In the case of a request submitted under paragraph (1) by a
Tribal entity, the Governor of the State in which the Tribal entity is
located may endorse such request.''.
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