,,ii #aahth ,,congress #b;d ,session ,s4 #dcja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjbd,mr4 ,thune 7for himself1 ,mr4 ,heinrich1 ,mr4 ,rounds1 and ,mr4 ,lujn7 introduced the following bill2 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 #b-year foreign residence requirement for educators in rural and ,tribal areas1 and for other purposes4 #a4 ,modification of definitions to include ,indian ,tribes ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7#a7 in paragraph 7#cf71 by striking and the ,commonwealth of the ,northern ,mariana ,islands and inserting the ,commonwealth of the ,northern ,mariana ,islands1 and each ,indian ,tribe2 and 7#b7 by adding at the end the following3 7#ec7 ,the term ,indian ,tribe has the meaning given that term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#ed7 ,the terms ,tribal government and ,tribal entity mean the recognized governing body of an ,indian ,tribe4 7#ee7 ,the term ,state educational agency has the meaning given that term in section #haja7di7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7di77 4 #b4 ,exchange visitor visa extension for educators in rural and ,tribal areas ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 7#a7 ,if the ,governor of a ,state or a ,tribal government requests a waiver of the #b-year foreign residence requirement under section #bab7;e7 on behalf of an alien described in clause 7i7 or 7ii7 of that section who is a primary or secondary school teacher or an education specialist in that ,state1 the ,secretary of ,homeland ,security may not grant such a waiver unless-- 7,a7 in the case of an alien who is otherwise contractually obligated to return to a foreign country1 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 waiver2 7,b7 the grant of such waiver would not cause the number of waivers allotted for that ,state for that fiscal year to exceed #cj2 7,c7 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 ,state2 and 7,d7 7i7 in the case of a request made by a ,governor1 the alien agrees to begin employment with such a primary or secondary school not later than #ij days after receiving such waiver1 and agrees to continue to work for a total of not less than #c years 7unless the ,secretary of ,homeland ,security determines that extenuating circumstances exist1 such as closure of the school or hardship to the alien1 which would justify a lesser period of employment at the school1 in which case the alien must demonstrate another bona fide offer of employment at a primary or secondary school for the remainder of such #c-year period71 in rural and underserved area 7as defined by the ,state educational agency72 or 7ii7 in the case of a request made by a ,tribal government1 the alien-- 7,i7 agrees to begin employment with such a primary or secondary school of an ,indian ,tribe1 including any ,bureau of ,indian ,education funded school operated pursuant to a grant under the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq47 or a contract under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 not later than #ij days after receiving such waiver2 and 7,,ii7 agrees to continue to work for a total of not less than #c years 7unless the ,secretary of ,homeland ,security determines that extenuating circumstances exist1 such as closure of the school or hardship to the alien1 which would justify a lesser period of employment at the school1 in which case the alien must demonstrate another bona fide offer of employment at a primary or secondary school for the remainder of such #c-year period74 7#b7 7,a7 ,notwithstanding section #bdh7;a77#b71 the ,secretary of ,homeland ,security may change the status of an alien who qualifies under this subsection and section #bab7;e7 to that of an alien described in section #aja7;a77#ae77;,h77i77b74 ,the numerical limitations contained in subsection 7g77#a77;,a7 shall not apply to any alien whose status is changed pursuant to this subparagraph1 if the alien obtained a waiver of the #b-year foreign residence requirement upon a request by an interested ,federal agency or an interested ,state agency4 7,b7 ,no person who has obtained a change of status under subparagraph 7,a7 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 visa1 for permanent residence1 or for any other change of nonimmigrant status1 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 #b years following his or here departure from the ,united ,states4 7#c7 ,notwithstanding any other provision of this subsection1 the #b-year foreign residence requirement under section #bab7;e7 shall apply with respect to an alien described in clause 7i7 or 7ii7 of such section who has not otherwise been accorded status under section #aja7;a77#bg77;,h71 if at any time the alien ceases to comply with any agreement entered into under pursuant to paragraph 7#a77;,c74 7#d7 ,any spouse or children of an alien granted a waiver under this subsection shall be included in such waiver4 7#e7 ,in the case of a request submitted under paragraph 7#a7 by a ,tribal entity1 the ,governor of the ,state in which the ,tribal entity is located may endorse such request4 4