II 118TH CONGRESS 1ST SESSION S. 1301 To provide highly-skilled nonimmigrant visas for nationals of the Republic of Korea, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 26, 2023 Ms. HIRONO (for herself, Mr. MULLIN, and Mr. OSSOFF) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide highly-skilled nonimmigrant visas for nationals of the Republic of Korea, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Partner with Korea 4 Act’’. 5 SEC. 2. RECIPROCAL VISAS FOR NATIONALS OF SOUTH 6 KOREA. 7 (a) IN GENERAL.—Section 101(a)(15)(E) of the Im- 8 migration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) 9 is amended— 10 VerDate Sep 11 2014 04:44 May 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1301.IS S1301 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1301 IS (1) by striking ‘‘: (i) solely to carry’’ and insert- 1 ing the following: ‘‘— 2 ‘‘(i) solely to carry’’; 3 (2) by striking ‘‘(ii) solely to develop’’ and in- 4 serting the following: 5 ‘‘(ii) solely to develop’’; 6 (3) by striking ‘‘or (iii) solely to perform’’ and 7 inserting the following: 8 ‘‘(iii) solely to perform’’; and 9 (4) by adding at the end the following: ‘‘or 10 ‘‘(iv) solely to perform services in a spe- 11 cialty occupation in the United States if the 12 alien is a national of the Republic of Korea and 13 with respect to whom the Secretary of Labor 14 certifies to the Secretary of Homeland Security 15 and the Secretary of State that the intending 16 employer has filed an attestation with the Sec- 17 retary of Labor in accordance with section 18 212(t)(1);’’. 19 (b) ATTESTATION.—Section 212 of such Act (8 20 U.S.C. 1182), is amended— 21 (1) in subsection (t), as added by section 22 402(b)(2) of the United States-Chile Free Trade 23 Agreement Implementation Act (Public Law 108– 24 77; 117 Stat. 941)— 25 VerDate Sep 11 2014 04:44 May 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1301.IS S1301 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1301 IS (A) by striking ‘‘section 1 101(a)(15)(H)(i)(b1) or section 2 101(a)(15)(E)(iii)’’ each place such phrase ap- 3 pears and inserting ‘‘subparagraph (E)(iii), 4 (E)(iv), or (H)(i)(b1) of section 101(a)(15)’’; 5 and 6 (B) in clauses (i)(II), (ii)(II), and (iii)(II) 7 of paragraph (3)(C), by striking ‘‘section 204, 8 214(c), 101(a)(15)(H)(i)(b1), or 9 101(a)(15)(E)(iii)’’ each place it appears and 10 inserting ‘‘subparagraph (E)(iii), (E)(iv), or 11 (H)(1)(b1) of section 101(a)(15) or section 204 12 or 214(c)’’; and 13 (2) by redesignating subsection (t), as added by 14 section 1(b)(2)(B) of Public Law 108–449 (118 15 Stat. 3470), as subsection (u). 16 (c) NUMERICAL LIMITATION.—Section 214(g) of 17 such Act (8 U.S.C. 1184(g)) is amended by adding at the 18 end the following: 19 ‘‘(12)(A) The Secretary of State may not approve 20 more than 15,000 initial applications submitted for aliens 21 described in section 101(a)(15)(E)(iv) in any fiscal year. 22 ‘‘(B) The numerical limitation under subparagraph 23 (A) shall only apply to principal aliens and shall not apply 24 to the spouses or children of such aliens.’’. 25 VerDate Sep 11 2014 04:44 May 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1301.IS S1301 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1301 IS (d) SPECIALTY OCCUPATION DEFINED.—Section 1 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended 2 by striking ‘‘section 101(a)(15)(H)(i)(b), section 3 101(a)(15)(E)(iii), and paragraph (2),’’ and inserting 4 ‘‘paragraph (2) of this subsection and subparagraphs 5 (E)(iii), (E)(iv), and (H)(i)(b) of section 101(a)(15),’’. 6 Æ VerDate Sep 11 2014 04:44 May 03, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1301.IS S1301 kjohnson on DSK79L0C42PROD with BILLS