12 2 STA T .856PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 the t ransi ti o n p erio d.Suc h supp l e m ental f ee shall b e paid into the T reasur y of the C ommon w ealth g o v ernment for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational enti - ties. ‘ ‘ (7)ASYLUM . — Section 208 of the I mmigration and N ation- ality Act (8 U .S.C. 1 1 5 8) shall not apply during the transition period to persons physically present in the Commonwealth or arriving in the Commonwealth (whether or not at a des- ignated port of arrival) , including persons brought to the Commonwealth after having been interdicted in international or United States waters. ‘‘(b) NUM ERICA L L IMI T ATI ON S F OR NONIMMI G RANT W OR K ERS.— An alien, if otherwise q ualified, may see k admission to G uam or to the Commonwealth during the transition program as a non- immigrant worker under section 101(a)(15)( H ) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting against the numerical limitations set forth in section 21 4 (g) of such Act (8 U.S.C. 1184(g)). This subsection does not apply to any employment to be performed outside of Guam or the Common- wealth. Not later than 3 years following the transition program effective date, the Secretary of Homeland Security shall issue a report to the Committee on E nergy and Natural R esources and the Committee on the J udiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives pro j ecting the number of asylum claims the Secretary anticipates following the termination of the transition period, the efforts the Secretary has made to ensure appropriate interdiction efforts, provide for appropriate treatment of asylum seekers, and prepare to accept and adjudicate asylum claims in the Commonwealth. ‘‘(c) NONIMMIGRANT IN V ESTOR V ISAS.— ‘‘(1) IN GENERAL.—Notwithstanding the treaty require- ments in section 101(a)(15)(E) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(15)(E)), during the transition period, the Secretary of Homeland Security may, upon the application of an alien, classify an alien as a CN M I-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien— ‘‘(A) has been admitted to the Commonwealth in long- term investor status under the immigration laws of the Commonwealth before the transition program effective date
‘‘( B ) has continuously maintained residence in the Commonwealth under long-term investor status; ‘‘(C) is otherwise admissible; and ‘‘( D ) maintains the investment or investments that formed the basis for such long-term investor status. ‘‘(2) RE Q UIREMENT FOR REGULATIONS.—Not later than 6 0 days before the transition program effective date, the Secretary of Homeland Security shall publish regulations in the F ederal Register to implement this subsection. ‘‘(d) S P ECIAL P ROVISION TO ENSURE A D EQUATE EMPLOYMENT; COMMON W EALT HO NLY TRANSITIONAL WORKERS.—An alien who is seeking to enter the Commonwealth as a nonimmigrant worker may be admitted to perform work during the transition period subject to the following requirements
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