INCREASED PORTABILITY OF H-1B STATUS.

SEC. 105. INCREASED PORTABILITY OF H-1B STATUS. (a) In General.—Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: “(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. “(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien— “(A) who has been lawfully admitted into the United States; “(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and “(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition”. (b) Effective Date.—The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act.