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Title 8 -- Aliens and Nationality
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8 USC CHAPTER 12 - IMMIGRATION AND NATIONALITY 01/05/99
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TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
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-HEAD-
CHAPTER 12 - IMMIGRATION AND NATIONALITY
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SUBCHAPTER I - GENERAL PROVISIONS
Sec.
1101. Definitions.
1102. Diplomatic and semidiplomatic immunities.
1103. Powers and duties.
(a) Attorney General.
(b) Land acquisition authority.
(c) Commissioner; appointment.
(d) Statistical information system.
(e) Annual report.
(f) Minimum number of agents in States.
1104. Powers and duties of Secretary of State.
(a) Powers and duties.
(b) Designation and duties of Administrator.
(c) Passport Office, Visa Office, and other offices;
directors.
(d) Transfer of duties.
(e) General Counsel of Visa Office; appointment and
duties.
1105. Liaison with internal security officers.
1105a, 1106. Repealed.
SUBCHAPTER II - IMMIGRATION
PART I - SELECTION SYSTEM
1151. Worldwide level of immigration.
(a) In general.
(b) Aliens not subject to direct numerical
limitations.
(c) Worldwide level of family-sponsored immigrants.
(d) Worldwide level of employment-based immigrants.
(e) Worldwide level of diversity immigrants.
1151a. Repealed.
1152. Numerical limitations on individual foreign states.
(a) Per country level.
(b) Rules for chargeability.
(c) Chargeability for dependent areas.
(d) Changes in territory.
(e) Special rules for countries at ceiling.
1153. Allocation of immigrant visas.
(a) Preference allocation for family-sponsored
immigrants.
(b) Preference allocation for employment-based
immigrants.
(c) Diversity immigrants.
(d) Treatment of family members.
(e) Order of consideration.
(f) Authorization for issuance.
(g) Lists.
1154. Procedure for granting immigrant status.
(a) Petitioning procedure.
(b) Investigation; consultation; approval;
authorization to grant preference status.
(c) Limitation on orphan petitions approved for a
single petitioner; prohibition against approval
in cases of marriages entered into in order to
evade immigration laws; restriction on future
entry of aliens involved with marriage fraud.
(d) Recommendation of valid home-study.
(e) Subsequent finding of non-entitlement to
preference classification.
(f) Preferential treatment for children fathered by
United States citizens and born in Korea,
Vietnam, Laos, Kampuchea, or Thailand after
1950 and before October 22, 1982.
(g) Restriction on petitions based on marriages
entered while in exclusion or deportation
proceedings.
(h) Survival of rights to petition.
(i) Professional athletes.
1155. Revocation of approval of petitions; notice of revocation;
effective date.
1156. Unused immigrant visas.
1157. Annual admission of refugees and admission of emergency
situation refugees.
(a) Maximum number of admissions; increases for
humanitarian concerns; allocations.
(b) Determinations by President respecting number of
admissions for humanitarian concerns.
(c) Admission by Attorney General of refugees;
criteria; admission status of spouse or child;
applicability of other statutory requirements;
termination of refugee status of alien, spouse
or child.
(d) Oversight reporting and consultation
requirements.
(e) ''Appropriate consultation'' defined.
(f) Training.
1158. Asylum.
(a) Authority to apply for asylum.
(b) Conditions for granting asylum.
(c) Asylum status.
(d) Asylum procedure.
1159. Adjustment of status of refugees.
(a) Criteria and procedures applicable for admission
as immigrant; effect of adjustment.
(b) Maximum number of adjustments; recordkeeping.
(c) Applicability of other Federal statutory
requirements.
1160. Special agricultural workers.
(a) Lawful residence.
(b) Applications for adjustment of status.
(c) Waiver of numerical limitations and certain
grounds for exclusion.
(d) Temporary stay of exclusion or deportation and
work authorization for certain applicants.
(e) Administrative and judicial review.
(f) Temporary disqualification of newly legalized
aliens from receiving aid to families with
dependent children.
(g) Treatment of special agricultural workers.
(h) ''Seasonal agricultural services'' defined.
1161. Repealed.
PART II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
CITIZENS AND ALIENS
1181. Admission of immigrants into the United States.
(a) Documents required; admission under quotas before
June 30, 1968.
(b) Readmission without required documents; Attorney
General's discretion.
(c) Nonapplicability to aliens admitted as refugees.
1182. Inadmissible aliens.
(a) Classes of aliens ineligible for visas or
admission.
(b) Notices of denials.
(c) Repealed.
(d) Temporary admission of nonimmigrants.
(e) Educational visitor status; foreign residence
requirement; waiver.
(f) Suspension of entry or imposition of restrictions
by President.
(g) Bond and conditions for admission of alien
inadmissible on health-related grounds.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B),
(D), and (E).
(i) Admission of immigrant inadmissible for fraud or
willful misrepresentation of material fact.
(j) Limitation on immigration of foreign medical
graduates.
(k) Attorney General's discretion to admit otherwise
inadmissible aliens who possess immigrant
visas.
(l) Guam; waiver of requirements for nonimmigrant
visitors; conditions of waiver; acceptance of
funds from Guam.
(m) Requirements for admission of nonimmigrant nurses
during five-year period.
(n) Labor condition application.
(o) Omitted.
(p) Computation of prevailing wage level.
(q) Academic honoraria.
1182a to 1182c. Repealed.
1182d. Denial of visas to confiscators of American property.
(a) Denial of visas.
(b) Exceptions.
(c) Reporting requirement.
1183. Admission of aliens on giving bond or undertaking; return
upon permanent departure.
1183a. Requirements for sponsor's affidavit of support.
(a) Enforceability.
(b) Reimbursement of government expenses.
(c) Remedies.
(d) Notification of change of address.
(e) Jurisdiction.
(f) ''Sponsor'' defined.
(h) ''Federal poverty line'' defined.
(i) Sponsor's social security account number required
to be provided.
1184. Admission of nonimmigrants.
(a) Regulations.
(b) Presumption of status; written waiver.
(c) Petition of importing employer; involvement of
Departments of Labor and Agriculture.
(d) Issuance of visa to fiancee or fiance of citizen.
(e) Nonimmigrant professionals and annual numerical
limit.
(f) Denial of crewmember status in case of certain
labor disputes.
(g) Temporary workers and trainees; limitation on
numbers.
(h) Intention to abandon foreign residence.
(i) ''Specialty occupation'' defined.
(j) Labor disputes.
(k) Numerical limitations; period of admission;
conditions for admission and stay; annual
report.
(l) Restrictions on waiver.
(l) Nonimmigrant elementary and secondary school
students.
1184a. Philippine Traders as nonimmigrants.
1185. Travel control of citizens and aliens.
(a) Restrictions and prohibitions.
(b) Citizens.
(c) Definitions.
(d) Nonadmission of certain aliens.
(e) Revocation of proclamation as affecting
penalties.
(f) Permits to enter.
1186. Transferred.
1186a. Conditional permanent resident status for certain alien
spouses and sons and daughters.
(a) In general.
(b) Termination of status if finding that qualifying
marriage improper.
(c) Requirements of timely petition and interview for
removal of condition.
(d) Details of petition and interview.
(e) Treatment of period for purposes of
naturalization.
(f) Treatment of certain waivers.
(g) Definitions.
1186b. Conditional permanent resident status for certain alien
entrepreneurs, spouses, and children.
(a) In general.
(b) Termination of status if finding that qualifying
entrepreneurship improper.
(c) Requirements of timely petition and interview for
removal of condition.
(d) Details of petition and interview.
(e) Treatment of period for purposes of
naturalization.
(f) Definitions.
1187. Visa waiver pilot program for certain visitors.
(a) Establishment of pilot program.
(b) Waiver of rights.
(c) Designation of pilot program countries.
(d) Authority.
(e) Carrier agreements.
(f) ''Pilot program period'' defined.
(g) Duration and termination of designation.
1188. Admission of temporary H-2A workers.
(a) Conditions for approval of H-2A petitions.
(b) Conditions for denial of labor certification.
(c) Special rules for consideration of applications.
(d) Roles of agricultural associations.
(e) Expedited administrative appeals of certain
determinations.
(f) Violators disqualified for 5 years.
(g) Authorization of appropriations.
(h) Miscellaneous provisions.
(i) Definitions.
1189. Designation of foreign terrorist organizations.
(a) Designation.
(b) Judicial review of designation.
(c) Definitions.
PART III - ISSUANCE OF ENTRY DOCUMENTS
1201. Issuance of visas.
(a) Immigrants; nonimmigrants.
(b) Registration; photographs; waiver of requirement.
(c) Period of validity; requirement of visa.
(d) Physical examination.
(e) Surrender of visa.
(f) Surrender of documents.
(g) Nonissuance of visas or other documents.
(h) Nonadmission upon arrival.
(i) Revocation of visas or documents.
1201a. Repealed.
1202. Application for visas.
(a) Immigrant visas.
(b) Other documentary evidence for immigrant visa.
(c) Nonimmigrant visas; nonimmigrant registration;
form, manner and contents of application.
(d) Other documentary evidence for nonimmigrant visa.
(e) Signing and verification of application.
(f) Confidential nature of records.
(g) Nonimmigrant visa void at conclusion of
authorized period of stay.
1203. Reentry permit.
(a) Application; contents.
(b) Issuance of permit; nonrenewability.
(c) Multiple reentries.
(d) Presented and surrendered.
(e) Permit in lieu of visa.
1204. Immediate relative and special immigrant visas.
1205. Repealed.
PART IV - INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
REMOVAL
1221. Lists of alien and citizen passengers arriving and departing.
(a) Shipment or aircraft manifest; arrival; form and
contents; exclusions.
(b) Departure; shipment or aircraft manifest; form
and contents; exclusions.
(c) Record of citizens and resident aliens leaving
permanently for foreign countries.
(d) Penalties against noncomplying shipments or
aircraft.
(e) Waiver of requirements.
1222. Detention of aliens for physical and mental examination.
(a) Detention of aliens.
(b) Physical and mental examination.
(c) Certification of certain helpless aliens.
1223. Entry through or from foreign territory and adjacent islands.
(a) Necessity of transportation contract.
(b) Landing stations.
(c) Landing agreements.
(d) Definitions.
1224. Designation of ports of entry for aliens arriving by
aircraft.
1225. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for hearing.
(a) Inspection.
(b) Inspection of applicants for admission.
(c) Removal of aliens inadmissible on security and
related grounds.
(d) Authority relating to inspections.
1225a. Preinspection at foreign airports.
(a) Establishment of preinspection stations.
(b) Establishment of carrier consultant program.
1226. Apprehension and detention of aliens.
(a) Arrest, detention, and release.
(b) Revocation of bond or parole.
(c) Detention of criminal aliens.
(d) Identification of criminal aliens.
(e) Judicial review.
1227. Deportable aliens.
(a) Classes of deportable aliens.
(b) Deportation of certain nonimmigrants.
(c) Waiver of grounds for deportation.
1228. Expedited removal of aliens convicted of committing
aggravated felonies.
(a) Removal of criminal aliens.
(b) Removal of aliens who are not permanent
residents.
(c) Presumption of deportability.
(c) Judicial removal.
1229. Initiation of removal proceedings.
(a) Notice to appear.
(b) Securing of counsel.
(c) Service by mail.
(d) Prompt initiation of removal.
1229a. Removal proceedings.
(a) Proceeding.
(b) Conduct of proceeding.
(c) Decision and burden of proof.
(d) Stipulated removal.
(e) Definitions.
1229b. Cancellation of removal; adjustment of status.
(a) Cancellation of removal for certain permanent
residents.
(b) Cancellation of removal and adjustment of status
for certain nonpermanent residents.
(c) Aliens ineligible for relief.
(d) Special rules relating to continuous residence or
physical presence.
(e) Annual limitation.
1229c. Voluntary departure.
(a) Certain conditions.
(b) At conclusion of proceedings.
(c) Aliens not eligible.
(d) Civil penalty for failure to depart.
(e) Additional conditions.
(f) Judicial review.
1230. Records of admission.
1231. Detention and removal of aliens ordered removed.
(a) Detention, release, and removal of aliens ordered
removed.
(b) Countries to which aliens may be removed.
(c) Removal of aliens arriving at port of entry.
(d) Requirements of persons providing transportation.
(e) Payment of expenses of removal.
(f) Aliens requiring personal care during removal.
(g) Places of detention.
(h) Statutory construction.
(i) Incarceration.
PART V - ADJUSTMENT AND CHANGE OF STATUS
1251. Transferred.
1251a. Repealed.
1252. Judicial review of orders of removal.
(a) Applicable provisions.
(b) Requirements for review of orders of removal.
(c) Requirements for petition.
(d) Review of final orders.
(e) Judicial review of orders under section
1225(b)(1).
(f) Limit on injunctive relief.
(g) Exclusive jurisdiction.
1252a, 1252b. Transferred or Repealed.
1252c. Authorizing State and local law enforcement officials to
arrest and detain certain illegal aliens.
(a) In general.
(b) Cooperation.
1253. Penalties related to removal.
(a) Penalty for failure to depart.
(b) Willful failure to comply with terms of release
under supervision.
(c) Penalties relating to vessels and aircraft.
(d) Discontinuing granting visas to nationals of
country denying or delaying accepting alien.
1254. Repealed.
1254a. Temporary protected status.
(a) Granting of status.
(b) Designations.
(c) Aliens eligible for temporary protected status.
(d) Documentation.
(e) Relation of period of temporary protected status
to cancellation of removal.
(f) Benefits and status during period of temporary
protected status.
(g) Exclusive remedy.
(h) Limitation on consideration in Senate of
legislation adjusting status.
(i) Annual report and review.
1255. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
(a) Status as person admitted for permanent residence
on application and eligibility for immigrant
visa.
(b) Record of lawful admission for permanent
residence; reduction of preference visas.
(c) Alien crewmen, aliens continuing or accepting
unauthorized employment, and aliens admitted in
transit without visa.
(d) Alien admitted for permanent residence on
conditional basis; fiancee or fiance of
citizen.
(e) Restriction on adjustment of status based on
marriages entered while in admissibility or
deportation proceedings; bona fide marriage
exception.
(f) Limitation on adjustment of status.
(g) Special immigrants.
(h) Application with respect to special immigrants.
(i) Adjustment in status of certain aliens physically
present in United States.
(j) Adjustment to permanent resident status.
(k) Inapplicability of certain provisions for certain
employment-based immigrants.
1255a. Adjustment of status of certain entrants before January 1,
1982, to that of person admitted for lawful residence.
(a) Temporary resident status.
(b) Subsequent adjustment to permanent residence and
nature of temporary resident status.
(c) Applications for adjustment of status.
(d) Waiver of numerical limitations and certain
grounds for exclusion.
(e) Temporary stay of deportation and work
authorization for certain applicants.
(f) Administrative and judicial review.
(g) Implementation of section.
(h) Temporary disqualification of newly legalized
aliens from receiving certain public welfare
assistance.
(i) Dissemination of information on legalization
program.
1255b. Adjustment of status of certain nonimmigrants to that of
persons admitted for permanent residence.
(a) Application.
(b) Record of admission.
(c) Report to the Congress; resolution not favoring
adjustment of status; reduction of quota.
(d) Limitations.
1256. Rescission of adjustment of status; effect upon naturalized
citizen.
1257. Adjustment of status of certain resident aliens to
nonimmigrant status; exceptions.
1258. Change of nonimmigrant classification.
1259. Record of admission for permanent residence in the case of
certain aliens who entered the United States prior to January 1,
1972.
1260. Removal of aliens falling into distress.
PART VI - SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN
1281. Alien crewmen.
(a) Arrival; submission of list; exceptions.
(b) Reports of illegal landings.
(c) Departure; submission of list; exceptions.
(d) Violations.
(e) Regulations.
1282. Conditional permits to land temporarily.
(a) Period of time.
(b) Revocation; expenses of detention.
(c) Penalties.
1283. Hospital treatment of alien crewmen afflicted with certain
diseases.
1284. Control of alien crewmen.
(a) Penalties for failure.
(b) Prima facie evidence against transportation line.
(c) Removal on other than arriving vessel or
aircraft; expenses.
1285. Employment on passenger vessels of aliens afflicted with
certain disabilities.
1286. Discharge of alien crewmen; penalties.
1287. Alien crewmen brought into the United States with intent to
evade immigration laws; penalties.
1288. Limitations on performance of longshore work by alien
crewmen.
(a) In general.
(b) ''Longshore work'' defined.
(c) Prevailing practice exception.
(d) State of Alaska exception.
(e) Reciprocity exception.
PART VII - REGISTRATION OF ALIENS
1301. Alien seeking entry; contents.
1302. Registration of aliens.
1303. Registration of special groups.
1304. Forms for registration and fingerprinting.
(a) Preparation; contents.
(b) Confidential nature.
(c) Information under oath.
(d) Certificate of alien registration or alien
receipt card.
(e) Personal possession of registration or receipt
card; penalties.
(f) Alien's social security account number.
1305. Notices of change of address.
(a) Notification of change.
(b) Current address of natives of any one or more
foreign states.
(c) Notice to parent or legal guardian.
1306. Penalties.
(a) Willful failure to register.
(b) Failure to notify change of address.
(c) Fraudulent statements.
(d) Counterfeiting.
PART VIII - GENERAL PENALTY PROVISIONS
1321. Prevention of unauthorized landing of aliens.
(a) Failure to report; penalties.
(b) Prima facie evidence.
(c) Liability of owners and operators of
international bridges and toll roads.
1322. Bringing in aliens subject to denial of admission on a
health-related ground; persons liable; clearance papers;
exceptions; ''person'' defined.
1323. Unlawful bringing of aliens into United States.
(a) Persons liable.
(b) Evidence.
(c) Remission or refund.
(d) Repealed.
(e) Reduction, refund, or waiver.
1324. Bringing in and harboring certain aliens.
(a) Criminal penalties.
(b) Seizure and forfeiture of conveyances;
exceptions; officers and authorized persons;
disposition of forfeited conveyances; suits and
actions.
(c) Authority to arrest.
(d) Admissibility of videotaped witness testimony.
1324a. Unlawful employment of aliens.
(a) Making employment of unauthorized aliens
unlawful.
(b) Employment verification system.
(c) No authorization of national identification
cards.
(d) Evaluation and changes in employment verification
system.
(e) Compliance.
(f) Criminal penalties and injunctions for pattern or
practice violations.
(g) Prohibition of indemnity bonds.
(h) Miscellaneous provisions.
1324b. Unfair immigration-related employment practices.
(a) Prohibition of discrimination based on national
origin or citizenship status.
(b) Charges of violations.
(c) Special Counsel.
(d) Investigation of charges.
(e) Hearings.
(f) Testimony and authority of hearing officers.
(g) Determinations.
(h) Awarding of attorney's fees.
(i) Review of final orders.
(j) Court enforcement of administrative orders.
(k) Termination dates.
(l) Dissemination of information concerning
anti-discrimination provisions.
1324c. Penalties for document fraud.
(a) Activities prohibited.
(b) Exception.
(c) Construction.
(d) Enforcement.
(e) Criminal penalties for failure to disclose role
as document preparer.
(f) Falsely make.
1324d. Civil penalties for failure to depart.
(a) In general.
(b) Construction.
1325. Improper entry by alien.
(a) Improper time or place; avoidance of examination
or inspection; misrepresentation and
concealment of facts.
(b) Improper time or place; civil penalties.
(c) Marriage fraud.
(d) Immigration-related entrepreneurship fraud.
1326. Reentry of removed aliens.
(a) In general.
(b) Criminal penalties for reentry of certain removed
aliens.
(c) Reentry of alien deported prior to completion of
term of imprisonment.
(d) Limitation on collateral attack on underlying
deportation order.
1327. Aiding or assisting certain aliens to enter.
1328. Importation of alien for immoral purpose.
1329. Jurisdiction of district courts.
1330. Collection of penalties and expenses.
PART IX - MISCELLANEOUS
1351. Nonimmigrant visa fees.
1352. Printing of reentry permits and blank forms of manifest and
crew lists; sale to public.
1353. Travel expenses and expense of transporting remains of
officers and employees dying outside of United States.
1353a. Officers and employees; overtime services; extra
compensation; length of working day.
1353b. Extra compensation; payment.
1353c. Immigration officials; service in foreign contiguous
territory.
1353d. Disposition of money received as extra compensation.
1354. Applicability to members of the Armed Forces.
1355. Disposal of privileges at immigrant stations; rentals; retail
sale; disposition of receipts.
1356. Disposition of moneys collected under the provisions of this
subchapter.
(a) Detention, transportation, hospitalization, and
all other expenses of detained aliens; expenses
of landing stations.
(b) Purchase of evidence.
(c) Fees and administrative fines and penalties;
exception.
(d) Schedule of fees.
(e) Limitations on fees.
(f) Collection.
(g) Provision of immigration inspection and
preinspection services.
(h) Disposition of receipts.
(i) Reimbursement.
(j) Regulations.
(k) Advisory committee.
(l) Report to Congress.
(m) Immigration Examinations Fee Account.
(n) Reimbursement of administrative expenses;
transfer of deposits to General Fund of United
States Treasury.
(o) Annual financial reports to Congress.
(p) Additional effective dates.
(q) Land Border Inspection Fee Account.
(r) Breached Bond/Detention Fund.
(s) H-1B Nonimmigrant Petitioner Account.
1357. Powers of immigration officers and employees.
(a) Powers without warrant.
(b) Administration of oath; taking of evidence.
(c) Search without warrant.
(d) Detainer of aliens for violation of controlled
substances laws.
(e) Restriction on warrantless entry in case of
outdoor agricultural operations.
(f) Fingerprinting and photographing of certain
aliens.
(g) Performance of immigration officer functions by
State officers and employees.
1358. Local jurisdiction over immigrant stations.
1359. Application to American Indians born in Canada.
1360. Establishment of central file; information from other
departments and agencies.
(a) Establishment of central file.
(b) Information from other departments and agencies.
(c) Reports on social security account numbers and
earnings of aliens not authorized to work.
(d) Certification of search of Service records.
1361. Burden of proof upon alien.
1362. Right to counsel.
1363. Deposit of and interest on cash received to secure
immigration bonds.
1363a. Undercover investigation authority.
(a) In general.
(b) Disposition of proceeds no longer required.
(c) Disposition of certain corporations and business
entities.
(d) Financial audits.
1363b. Repealed
1364. Triennial comprehensive report on immigration.
(a) Triennial report.
(b) Details in each report.
(c) History and projections.
(d) Recommendations.
1365. Reimbursement of States for costs of incarcerating illegal
aliens and certain Cuban nationals.
(a) Reimbursement of States.
(b) Illegal aliens convicted of a felony.
(c) Marielito Cubans convicted of a felony.
(d) Authorization of appropriations.
(e) ''State'' defined.
1366. Annual report on criminal aliens.
1367. Penalties for disclosure of information.
(a) In general.
(b) Exceptions.
(c) Penalties for violations.
1368. Increase in INS detention facilities; report on detention
space.
(a) Increase in detention facilities.
(b) Report on detention space.
1369. Treatment of expenses subject to emergency medical services
exception.
(a) In general.
(b) Confirmation of immigration status required.
(c) Administration.
(d) ''Emergency medical condition'' defined.
(e) Effective date.
1370. Reimbursement of States and localities for emergency
ambulance services.
1371. Reports.
1372. Program to collect information relating to nonimmigrant
foreign students and other exchange program participants.
(a) In general.
(b) Covered countries.
(c) Information to be collected.
(d) Participation by institutions of higher education
and exchange visitor programs.
(e) Funding.
(f) Joint report.
(g) Worldwide applicability of program.
(h) Definitions.
1373. Communication between government agencies and the Immigration
and Naturalization Service.
(a) In general.
(b) Additional authority of government entities.
(c) Obligation to respond to inquiries.
1374. Information regarding female genital mutilation.
(a) Provision of information regarding female genital
mutilation.
(b) Limitation.
(c) ''Female genital mutilation'' defined.
1375. Mail-order bride business.
(a) Findings.
(b) Information dissemination.
(c) Study.
(d) Report.
(e) Definitions.
1376. Data on nonimmigrant overstay rates.
(a) Collection of data.
(b) Annual report.
1377. Collection of data on detained asylum seekers.
(a) In general.
(b) Annual reports.
(c) Availability to public.
1378. Collection of data on other detained aliens.
(a) In general.
(b) Length of detention, transfers, and dispositions.
(c) Criminal aliens.
(d) Annual reports.
(e) Availability to public.
SUBCHAPTER III - NATIONALITY AND NATURALIZATION
PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION
1401. Nationals and citizens of United States at birth.
1401a. Birth abroad before 1952 to service parent.
1401b. Repealed.
1402. Persons born in Puerto Rico on or after April 11, 1899.
1403. Persons born in the Canal Zone or Republic of Panama on or
after February 26, 1904.
1404. Persons born in Alaska on or after March 30, 1867.
1405. Persons born in Hawaii.
1406. Persons living in and born in the Virgin Islands.
1407. Persons living in and born in Guam.
1408. Nationals but not citizens of the United States at birth.
1409. Children born out of wedlock.
PART II - NATIONALITY THROUGH NATURALIZATION
1421. Naturalization authority.
(a) Authority in Attorney General.
(b) Court authority to administer oaths.
(c) Judicial review.
(d) Sole procedure.
1422. Eligibility for naturalization.
1423. Requirements as to understanding the English language,
history, principles and form of government of the United States.
1424. Prohibition upon the naturalization of persons opposed to
government or law, or who favor totalitarian forms of government.
1425. Ineligibility to naturalization of deserters from the Armed
Forces.
1426. Citizenship denied alien relieved of service in Armed Forces
because of alienage.
(a) Permanent ineligibility.
(b) Conclusiveness of records.
(c) Service in armed forces of foreign country.
1427. Requirements of naturalization.
(a) Residence.
(b) Absences.
(c) Physical presence.
(d) Moral character.
(e) Determination.
(f) Persons making extraordinary contributions to
national security.
1428. Temporary absence of persons performing religious duties.
1429. Prerequisite to naturalization; burden of proof.
1430. Married persons and employees of certain nonprofit
organizations.
1431. Children born outside United States of one alien and one
citizen parent; conditions for automatic citizenship.
1432. Children born outside United States of alien parents;
conditions for automatic citizenship.
1433. Children born outside United States; application for
certificate of citizenship requirements.
(a) Application of citizen parents; requirements.
(b) Attainment of citizenship status; receipt of
certificate.
(c) Adopted children.
1434. Repealed.
1435. Former citizens regaining citizenship.
(a) Requirements.
(b) Additional requirements.
(c) Oath of allegiance.
(d) Persons losing citizenship for failure to meet
physical presence retention requirement.
1436. Nationals but not citizens; residence within outlying
possessions.
1437. Resident Philippine citizens excepted from certain
requirements.
1438. Former citizens losing citizenship by entering armed forces
of foreign countries during World War II.
(a) Requirements; oath; certified copies of oath.
(b) Exceptions.
(c) Status.
(d) Span of World War II.
(e) Inapplicability to certain persons.
1439. Naturalization through service in the armed forces.
(a) Requirements.
(b) Exceptions.
(c) Periods when not in service.
(d) Residence requirements.
(e) Moral character.
1440. Naturalization through active-duty service in the Armed
Forces during World War I, World War II, Korean hostilities,
Vietnam hostilities, or other periods of military hostilities.
(a) Requirements.
(b) Exceptions.
(c) Revocation.
1440-1. Posthumous citizenship through death while on active-duty
service in armed forces during World War I, World War II, the
Korean hostilities, the Vietnam hostilities, or in other periods
of military hostilities.
(a) Permitting granting of posthumous citizenship.
(b) Noncitizens eligible for posthumous citizenship.
(c) Requests for posthumous citizenship.
(d) Documentation of posthumous citizenship.
(e) No benefits to survivors.
1440a to 1440d. Omitted.
1440e. Exemption from naturalization fees for aliens naturalized
through service during Vietnam hostilities or other subsequent
period of military hostilities; report by clerks of courts to
Attorney General.
1441. Constructive residence through service on certain United
States vessels.
1442. Alien enemies.
(a) Naturalization under specified conditions.
(b) Procedure.
(c) Exceptions from classification.
(d) Effect of cessation of hostilities.
(e) Apprehension and removal.
1443. Administration.
(a) Rules and regulations governing examination of
applicants.
(b) Instruction in citizenship.
(c) Prescription of forms.
(d) Administration of oaths and depositions.
(e) Issuance of certificate of naturalization or
citizenship.
(f) Copies of records.
(g) Furnished quarters for photographic studios.
(h) Public education regarding naturalization
benefits.
1444. Photographs; number.
1445. Application for naturalization; declaration of intention.
(a) Evidence and form.
(b) Who may file.
(c) Hearings.
(d) Filing of application.
(e) Substitute filing place and administering oath
other than before Attorney General.
(f) Declaration of intention.
1446. Investigation of applicants; examination of applications.
(a) Waiver.
(b) Conduct of examinations; authority of designees;
record.
(c) Transmittal of record of examination.
(d) Determination to grant or deny application.
(e) Withdrawal of application.
(f) Transfer of application.
1447. Hearings on denials of applications for naturalization.
(a) Request for hearing before immigration officer.
(b) Request for hearing before district court.
(c) Appearance of Attorney General.
(d) Subpena of witnesses.
(e) Change of name.
1448. Oath of renunciation and allegiance.
(a) Public ceremony.
(b) Hereditary titles or orders of nobility.
(c) Expedited judicial oath administration ceremony.
(d) Rules and regulations.
1448a. Address to newly naturalized citizens.
1449. Certificate of naturalization; contents.
1450. Functions and duties of clerks and records of declarations of
intention and applications for naturalization.
1451. Revocation of naturalization.
(a) Concealment of material evidence; refusal to
testify.
(b) Notice to party.
(c) Membership in certain organizations; prima facie
evidence.
(d) Applicability to citizenship through
naturalization of parent or spouse.
(e) Citizenship unlawfully procured.
(f) Cancellation of certificate of naturalization.
(g) Applicability to certificates of naturalization
and citizenship.
(h) Power to correct, reopen, alter, modify, or
vacate order.
1452. Certificates of citizenship or U.S. non-citizen national
status; procedure.
(a) Application to Attorney General for certificate
of citizenship; proof; oath of allegiance.
(b) Application to Secretary of State for certificate
of non-citizen national status; proof; oath of
allegiance.
1453. Cancellation of certificates issued by Attorney General, the
Commissioner or a Deputy Commissioner; action not to affect
citizenship status.
1454. Documents and copies issued by Attorney General.
1455. Fiscal provisions.
1456. Repealed.
1457. Publication and distribution of citizenship textbooks; use of
naturalization fees.
1458. Compilation of naturalization statistics and payment for
equipment.
1459. Repealed.
PART III - LOSS OF NATIONALITY
1481. Loss of nationality by native-born or naturalized citizen;
voluntary action; burden of proof; presumptions.
1482. Repealed.
1483. Restrictions on loss of nationality.
1484 to 1487. Repealed.
1488. Nationality lost solely from performance of acts or
fulfillment of conditions.
1489. Application of treaties; exceptions.
PART IV - MISCELLANEOUS
1501. Certificate of diplomatic or consular officer of United
States as to loss of American nationality.
1502. Certificate of nationality issued by Secretary of State for
person not a naturalized citizen of United States for use in
proceedings of a foreign state.
1503. Denial of rights and privileges as national.
(a) Proceedings for declaration of United States
nationality.
(b) Application for certificate of identity; appeal.
(c) Application for admission to United States under
certificate of identity; revision of
determination.
1504. Cancellation of United States passports and Consular Reports
of Birth.
SUBCHAPTER IV - REFUGEE ASSISTANCE
1521. Office of Refugee Resettlement; establishment; appointment of
Director; functions.
1522. Authorization for programs for domestic resettlement of and
assistance to refugees.
(a) Conditions and considerations.
(b) Program of initial resettlement.
(c) Project grants and contracts for services for
refugees.
(d) Assistance for refugee children.
(e) Cash assistance and medical assistance to
refugees.
(f) Assistance to States and counties for
incarceration of certain Cuban nationals;
priority for removal and return to Cuba.
1523. Congressional reports.
1524. Authorization of appropriations.
1525. Repealed.
SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES
1531. Definitions.
1532. Establishment of removal court.
(a) Designation of judges.
(b) Terms.
(c) Chief judge.
(d) Expeditious and confidential nature of
proceedings.
(e) Establishment of panel of special attorneys.
1533. Removal court procedure.
(a) Application.
(b) Right to dismiss.
(c) Consideration of application.
(d) Exclusive provisions.
1534. Removal hearing.
(a) In general.
(b) Notice.
(c) Rights in hearing.
(d) Subpoenas.
(e) Discovery.
(f) Arguments.
(g) Burden of proof.
(h) Rules of evidence.
(i) Determination of deportation.
(j) Written order.
(k) No right to ancillary relief.
1535. Appeals.
(a) Appeal of denial of application for removal
proceedings.
(b) Appeal of determination regarding summary of
classified information.
(c) Appeal of decision in hearing.
(d) Certiorari.
(e) Appeal of detention order.
1536. Custody and release pending removal hearing.
(a) Upon filing application.
(b) Conditional release if order denied and review
sought.
1537. Custody and release after removal hearing.
(a) Release.
(b) Custody and removal.
(c) Continued detention pending trial.
(d) Application of certain provisions relating to
escape of prisoners.
(e) Rights of aliens in custody.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1184a, 1255b, 1367, 1611,
1612, 1621, 1622, 1641, 1642, 1643 of this title; title 7 sections
1308-3, 1996, 2020, 3508; title 10 sections 1060a, 3253, 8253,
12102, 12201; title 15 section 278g; title 18 sections 1203, 1961;
title 19 section 3401; title 22 sections 2454, 2778, 3303, 5711;
title 25 section 1300b-13; title 42 section 6705; title 46 section
8103; title 50 sections 47c, 47f.
-CITE-
8 USC SUBCHAPTER I - GENERAL PROVISIONS 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
.
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-CITE-
8 USC Sec. 1101 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1101. Definitions
-STATUTE-
(a) As used in this chapter -
(1) The term ''administrator'' means the official designated by
the Secretary of State pursuant to section 1104(b) of this title.
(2) The term ''advocates'' includes, but is not limited to,
advises, recommends, furthers by overt act, and admits belief in.
(3) The term ''alien'' means any person not a citizen or national
of the United States.
(4) The term ''application for admission'' has reference to the
application for admission into the United States and not to the
application for the issuance of an immigrant or nonimmigrant visa.
(5) The term ''Attorney General'' means the Attorney General of
the United States.
(6) The term ''border crossing identification card'' means a
document of identity bearing that designation issued to an alien
who is lawfully admitted for permanent residence, or to an alien
who is a resident in foreign contiguous territory, by a consular
officer or an immigration officer for the purpose of crossing over
the borders between the United States and foreign contiguous
territory in accordance with such conditions for its issuance and
use as may be prescribed by regulations. Such regulations shall
provide that (A) each such document include a biometric identifier
(such as the fingerprint or handprint of the alien) that is machine
readable and (B) an alien presenting a border crossing
identification card is not permitted to cross over the border into
the United States unless the biometric identifier contained on the
card matches the appropriate biometric characteristic of the alien.
(7) The term ''clerk of court'' means a clerk of a naturalization
court.
(8) The terms ''Commissioner'' and ''Deputy Commissioner'' mean
the Commissioner of Immigration and Naturalization and a Deputy
Commissioner of Immigration and Naturalization, respectively.
(9) The term ''consular officer'' means any consular, diplomatic,
or other officer or employee of the United States designated under
regulations prescribed under authority contained in this chapter,
for the purpose of issuing immigrant or nonimmigrant visas or, when
used in subchapter III of this chapter, for the purpose of
adjudicating nationality.
(10) The term ''crewman'' means a person serving in any capacity
on board a vessel or aircraft.
(11) The term ''diplomatic visa'' means a nonimmigrant visa
bearing that title and issued to a nonimmigrant in accordance with
such regulations as the Secretary of State may prescribe.
(12) The term ''doctrine'' includes, but is not limited to,
policies, practices, purposes, aims, or procedures.
(13)(A) The terms ''admission'' and ''admitted'' mean, with
respect to an alien, the lawful entry of the alien into the United
States after inspection and authorization by an immigration
officer.
(B) An alien who is paroled under section 1182(d)(5) of this
title or permitted to land temporarily as an alien crewman shall
not be considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the
United States shall not be regarded as seeking an admission into
the United States for purposes of the immigration laws unless the
alien -
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous
period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the
United States,
(iv) has departed from the United States while under legal
process seeking removal of the alien from the United States,
including removal proceedings under this chapter and extradition
proceedings,
(v) has committed an offense identified in section 1182(a)(2)
of this title, unless since such offense the alien has been
granted relief under section 1182(h) or 1229b(a) of this title,
or
(vi) is attempting to enter at a time or place other than as
designated by immigration officers or has not been admitted to
the United States after inspection and authorization by an
immigration officer.
(14) The term ''foreign state'' includes outlying possessions of
a foreign state, but self-governing dominions or territories under
mandate or trusteeship shall be regarded as separate foreign
states.
(15) The term ''immigrant'' means every alien except an alien who
is within one of the following classes of nonimmigrant aliens -
(A)(i) an ambassador, public minister, or career diplomatic or
consular officer who has been accredited by a foreign government,
recognized de jure by the United States and who is accepted by
the President or by the Secretary of State, and the members of
the alien's immediate family;
(ii) upon a basis of reciprocity, other officials and employees
who have been accredited by a foreign government recognized de
jure by the United States, who are accepted by the Secretary of
State, and the members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees who have a nonimmigrant status under
(i) and (ii) above;
(B) an alien (other than one coming for the purpose of study or
of performing skilled or unskilled labor or as a representative
of foreign press, radio, film, or other foreign information media
coming to engage in such vocation) having a residence in a
foreign country which he has no intention of abandoning and who
is visiting the United States temporarily for business or
temporarily for pleasure;
(C) an alien in immediate and continuous transit through the
United States, or an alien who qualifies as a person entitled to
pass in transit to and from the United Nations Headquarters
District and foreign countries, under the provisions of
paragraphs (3), (4), and (5) of section 11 of the Headquarters
Agreement with the United Nations (61 Stat. 758);
(D)(i) an alien crewman serving in good faith as such in a
capacity required for normal operation and service on board a
vessel, as defined in section 1288(a) of this title (other than a
fishing vessel having its home port or an operating base in the
United States), or aircraft, who intends to land temporarily and
solely in pursuit of his calling as a crewman and to depart from
the United States with the vessel or aircraft on which he arrived
or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in any
capacity required for normal operations and service aboard a
fishing vessel having its home port or an operating base in the
United States who intends to land temporarily in Guam and solely
in pursuit of his calling as a crewman and to depart from Guam
with the vessel on which he arrived;
(E) an alien entitled to enter the United States under and in
pursuance of the provisions of a treaty of commerce and
navigation between the United States and the foreign state of
which he is a national, and the spouse and children of any such
alien if accompanying or following to join him; (i) solely to
carry on substantial trade, including trade in services or trade
in technology, principally between the United States and the
foreign state of which he is a national; or (ii) solely to
develop and direct the operations of an enterprise in which he
has invested, or of an enterprise in which he is actively in the
process of investing, a substantial amount of capital;
(F)(i) an alien having a residence in a foreign country which
he has no intention of abandoning, who is a bona fide student
qualified to pursue a full course of study and who seeks to enter
the United States temporarily and solely for the purpose of
pursuing such a course of study consistent with section 1184(l)
(FOOTNOTE 1) of this title at an established college, university,
seminary, conservatory, academic high school, elementary school,
or other academic institution or in a language training program
in the United States, particularly designated by him and approved
by the Attorney General after consultation with the Secretary of
Education, which institution or place of study shall have agreed
to report to the Attorney General the termination of attendance
of each nonimmigrant student, and if any such institution of
learning or place of study fails to make reports promptly the
approval shall be withdrawn, and (ii) the alien spouse and minor
children of any such alien if accompanying him or following to
join him;
(FOOTNOTE 1) See References in Text note below.
(G)(i) a designated principal resident representative of a
foreign government recognized de jure by the United States, which
foreign government is a member of an international organization
entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations
Immunities Act (59 Stat. 669) (22 U.S.C. 288 et seq.), accredited
resident members of the staff of such representatives, and
members of his or their immediate family;
(ii) other accredited representatives of such a foreign
government to such international organizations, and the members
of their immediate families;
(iii) an alien able to qualify under (i) or (ii) above except
for the fact that the government of which such alien is an
accredited representative is not recognized de jure by the United
States, or that the government of which he is an accredited
representative is not a member of such international
organization; and the members of his immediate family;
(iv) officers, or employees of such international
organizations, and the members of their immediate families;
(v) attendants, servants, and personal employees of any such
representative, officer, or employee, and the members of the
immediate families of such attendants, servants, and personal
employees;
(H) an alien (i)(a) who is coming temporarily to the United
States to perform services as a registered nurse, who meets the
qualifications described in section 1182(m)(1) of this title, and
with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that an unexpired attestation
is on file and in effect under section 1182(m)(2) of this title
for each facility (which facility shall include the petitioner
and each worksite, other than a private household worksite, if
the worksite is not the alien's employer or controlled by the
employer) for which the alien will perform the services, or (b)
subject to section 1182(j)(2) of this title, who is coming
temporarily to the United States to perform services (other than
services described in subclause (a) during the period in which
such subclause applies and other than services described in
subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty
occupation described in section 1184(i)(1) of this title or as a
fashion model, who meets the requirements for the occupation
specified in section 1184(i)(2) of this title or, in the case of
a fashion model, is of distinguished merit and ability, and with
respect to whom the Secretary of Labor determines and certifies
to the Attorney General that the intending employer has filed
with the Secretary an application under section 1182(n)(1) of
this title; or (ii)(a) having a residence in a foreign country
which he has no intention of abandoning who is coming temporarily
to the United States to perform agricultural labor or services,
as defined by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29, of a
temporary or seasonal nature, or (b) having a residence in a
foreign country which he has no intention of abandoning who is
coming temporarily to the United States to perform other
temporary service or labor if unemployed persons capable of
performing such service or labor cannot be found in this country,
but this clause shall not apply to graduates of medical schools
coming to the United States to perform services as members of the
medical profession; or (iii) having a residence in a foreign
country which he has no intention of abandoning who is coming
temporarily to the United States as a trainee, other than to
receive graduate medical education or training, in a training
program that is not designed primarily to provide productive
employment; and the alien spouse and minor children of any such
alien specified in this paragraph if accompanying him or
following to join him;
(I) upon a basis of reciprocity, an alien who is a bona fide
representative of foreign press, radio, film, or other foreign
information media, who seeks to enter the United States solely to
engage in such vocation, and the spouse and children of such a
representative, if accompanying or following to join him;
(J) an alien having a residence in a foreign country which he
has no intention of abandoning who is a bona fide student,
scholar, trainee, teacher, professor, research assistant,
specialist, or leader in a field of specialized knowledge or
skill, or other person of similar description, who is coming
temporarily to the United States as a participant in a program
designated by the Director of the United States Information
Agency, for the purpose of teaching, instructing or lecturing,
studying, observing, conducting research, consulting,
demonstrating special skills, or receiving training and who, if
he is coming to the United States to participate in a program
under which he will receive graduate medical education or
training, also meets the requirements of section 1182(j) of this
title, and the alien spouse and minor children of any such alien
if accompanying him or following to join him;
(K) an alien who is the fiancee or fiance of a citizen of the
United States and who seeks to enter the United States solely to
conclude a valid marriage with the petitioner within ninety days
after admission, and the minor children of such fiancee or fiance
accompanying him or following to join him;
(L) an alien who, within 3 years preceding the time of his
application for admission into the United States, has been
employed continuously for one year by a firm or corporation or
other legal entity or an affiliate or subsidiary thereof and who
seeks to enter the United States temporarily in order to continue
to render his services to the same employer or a subsidiary or
affiliate thereof in a capacity that is managerial, executive, or
involves specialized knowledge, and the alien spouse and minor
children of any such alien if accompanying him or following to
join him;
(M)(i) an alien having a residence in a foreign country which
he has no intention of abandoning who seeks to enter the United
States temporarily and solely for the purpose of pursuing a full
course of study at an established vocational or other recognized
nonacademic institution (other than in a language training
program) in the United States particularly designated by him and
approved by the Attorney General, after consultation with the
Secretary of Education, which institution shall have agreed to
report to the Attorney General the termination of attendance of
each nonimmigrant nonacademic student and if any such institution
fails to make reports promptly the approval shall be withdrawn,
and (ii) the alien spouse and minor children of any such alien if
accompanying him or following to join him;
(N)(i) the parent of an alien accorded the status of special
immigrant under paragraph (27)(I)(i) (or under analogous
authority under paragraph (27)(L)), but only if and while the
alien is a child, or
(ii) a child of such parent or of an alien accorded the status
of a special immigrant under clause (ii), (iii), or (iv) of
paragraph (27)(I) (or under analogous authority under paragraph
(27)(L));
(O) an alien who -
(i) has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated
by sustained national or international acclaim or, with regard
to motion picture and television productions a demonstrated
record of extraordinary achievement, and whose achievements
have been recognized in the field through extensive
documentation, and seeks to enter the United States to continue
work in the area of extraordinary ability; or
(ii)(I) seeks to enter the United States temporarily and
solely for the purpose of accompanying and assisting in the
artistic or athletic performance by an alien who is admitted
under clause (i) for a specific event or events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience with such alien
which are not of a general nature and which cannot be performed
by other individuals, or (b) in the case of a motion picture or
television production, has skills and experience with such
alien which are not of a general nature and which are critical
either based on a pre-existing longstanding working
relationship or, with respect to the specific production,
because significant production (including pre- and
post-production work) will take place both inside and outside
the United States and the continuing participation of the alien
is essential to the successful completion of the production,
and
(IV) has a foreign residence which the alien has no intention
of abandoning; or
(iii) is the alien spouse or child of an alien described in
clause (i) or (ii) and is accompanying, or following to join,
the alien;
(P) an alien having a foreign residence which the alien has no
intention of abandoning who -
(i)(a) is described in section 1184(c)(4)(A) of this title
(relating to athletes), or (b) is described in section
1184(c)(4)(B) of this title (relating to entertainment groups);
(ii)(I) performs as an artist or entertainer, individually or
as part of a group, or is an integral part of the performance
of such a group, and
(II) seeks to enter the United States temporarily and solely
for the purpose of performing as such an artist or entertainer
or with such a group under a reciprocal exchange program which
is between an organization or organizations in the United
States and an organization or organizations in one or more
foreign states and which provides for the temporary exchange of
artists and entertainers, or groups of artists and
entertainers;
(iii)(I) performs as an artist or entertainer, individually
or as part of a group, or is an integral part of the
performance of such a group, and
(II) seeks to enter the United States temporarily and solely
to perform, teach, or coach as such an artist or entertainer or
with such a group under a commercial or noncommercial program
that is culturally unique; or
(iv) is the spouse or child of an alien described in clause
(i), (ii), or (iii) and is accompanying, or following to join,
the alien;
(Q)(i) an alien having a residence in a foreign country which
he has no intention of abandoning who is coming temporarily (for
a period not to exceed 15 months) to the United States as a
participant in an international cultural exchange program
approved by the Attorney General for the purpose of providing
practical training, employment, and the sharing of the history,
culture, and traditions of the country of the alien's nationality
and who will be employed under the same wages and working
conditions as domestic workers; or (ii)(I) an alien 35 years of
age or younger having a residence in Northern Ireland, or the
counties of Louth, Monaghan, Cavan, Leitrim, Sligo, and Donegal
within the Republic of Ireland, which the alien has no intention
of abandoning who is coming temporarily (for a period not to
exceed 36 months) to the United States as a participant in a
cultural and training program approved by the Secretary of State
and the Attorney General under section 2(a) of the Irish Peace
Process Cultural and Training Program Act of 1998 for the purpose
of providing practical training, employment, and the experience
of coexistence and conflict resolution in a diverse society, and
(II) the alien spouse and minor children of any such alien if
accompanying the alien or following to join the alien;
(R) an alien, and the spouse and children of the alien if
accompanying or following to join the alien, who -
(i) for the 2 years immediately preceding the time of
application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious
organization in the United States; and
(ii) seeks to enter the United States for a period not to
exceed 5 years to perform the work described in subclause (I),
(II), or (III) of paragraph (27)(C)(ii); or
(S) subject to section 1184(k) of this title, an alien -
(i) who the Attorney General determines -
(I) is in possession of critical reliable information
concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied such information
to Federal or State law enforcement authorities or a Federal
or State court; and
(III) whose presence in the United States the Attorney
General determines is essential to the success of an
authorized criminal investigation or the successful
prosecution of an individual involved in the criminal
organization or enterprise; or
(ii) who the Secretary of State and the Attorney General
jointly determine -
(I) is in possession of critical reliable information
concerning a terrorist organization, enterprise, or
operation;
(II) is willing to supply or has supplied such information
to Federal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger as a result of
providing such information; and
(IV) is eligible to receive a reward under section 2708(a)
of title 22,
and, if the Attorney General (or with respect to clause (ii), the
Secretary of State and the Attorney General jointly) considers it
to be appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in clause (i) or
(ii) if accompanying, or following to join, the alien.
(16) The term ''immigrant visa'' means an immigrant visa required
by this chapter and properly issued by a consular officer at his
office outside of the United States to an eligible immigrant under
the provisions of this chapter.
(17) The term ''immigration laws'' includes this chapter and all
laws, conventions, and treaties of the United States relating to
the immigration, exclusion, deportation, expulsion, or removal of
aliens.
(18) The term ''immigration officer'' means any employee or class
of employees of the Service or of the United States designated by
the Attorney General, individually or by regulation, to perform the
functions of an immigration officer specified by this chapter or
any section of this title.
(19) The term ''ineligible to citizenship,'' when used in
reference to any individual, means, notwithstanding the provisions
of any treaty relating to military service, an individual who is,
or was at any time permanently debarred from becoming a citizen of
the United States under section 3(a) of the Selective Training and
Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or
under section 4(a) of the Selective Service Act of 1948, as amended
(62 Stat. 605; 65 Stat. 76) (50 App. U.S.C. 454(a)), or under any
section of this chapter, or any other Act, or under any law
amendatory of, supplementary to, or in substitution for, any of
such sections or Acts.
(20) The term ''lawfully admitted for permanent residence'' means
the status of having been lawfully accorded the privilege of
residing permanently in the United States as an immigrant in
accordance with the immigration laws, such status not having
changed.
(21) The term ''national'' means a person owing permanent
allegiance to a state.
(22) The term ''national of the United States'' means (A) a
citizen of the United States, or (B) a person who, though not a
citizen of the United States, owes permanent allegiance to the
United States.
(23) The term ''naturalization'' means the conferring of
nationality of a state upon a person after birth, by any means
whatsoever.
(24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec.
12, 1991, 105 Stat. 1750.
(25) The term ''noncombatant service'' shall not include service
in which the individual is not subject to military discipline,
court martial, or does not wear the uniform of any branch of the
armed forces.
(26) The term ''nonimmigrant visa'' means a visa properly issued
to an alien as an eligible nonimmigrant by a competent officer as
provided in this chapter.
(27) The term ''special immigrant'' means -
(A) an immigrant, lawfully admitted for permanent residence,
who is returning from a temporary visit abroad;
(B) an immigrant who was a citizen of the United States and
may, under section 1435(a) or 1438 of this title, apply for
reacquisition of citizenship;
(C) an immigrant, and the immigrant's spouse and children if
accompanying or following to join the immigrant, who -
(i) for at least 2 years immediately preceding the time of
application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious
organization in the United States;
(ii) seeks to enter the United States -
(I) solely for the purpose of carrying on the vocation of a
minister of that religious denomination,
(II) before October 1, 2000, in order to work for the
organization at the request of the organization in a
professional capacity in a religious vocation or occupation,
or
(III) before October 1, 2000, in order to work for the
organization (or for a bona fide organization which is
affiliated with the religious denomination and is exempt from
taxation as an organization described in section 501(c)(3) of
title 26) at the request of the organization in a religious
vocation or occupation; and
(iii) has been carrying on such vocation, professional work,
or other work continuously for at least the 2-year period
described in clause (i);
(D) an immigrant who is an employee, or an honorably retired
former employee, of the United States Government abroad, or of
the American Institute in Taiwan, and who has performed faithful
service for a total of fifteen years, or more, and his
accompanying spouse and children: Provided, That the principal
officer of a Foreign Service establishment (or, in the case of
the American Institute in Taiwan, the Director thereof), in his
discretion, shall have recommended the granting of special
immigrant status to such alien in exceptional circumstances and
the Secretary of State approves such recommendation and finds
that it is in the national interest to grant such status;
(E) an immigrant, and his accompanying spouse and children, who
is or has been an employee of the Panama Canal Company or Canal
Zone Government before the date on which the Panama Canal Treaty
of 1977 (as described in section 3602(a)(1) of title 22) enters
into force (October 1, 1979), who was resident in the Canal Zone
on the effective date of the exchange of instruments of
ratification of such Treaty (April 1, 1979), and who has
performed faithful service as such an employee for one year or
more;
(F) an immigrant, and his accompanying spouse and children, who
is a Panamanian national and (i) who, before the date on which
such Panama Canal Treaty of 1977 enters into force (October 1,
1979), has been honorably retired from United States Government
employment in the Canal Zone with a total of 15 years or more of
faithful service, or (ii) who, on the date on which such Treaty
enters into force, has been employed by the United States
Government in the Canal Zone with a total of 15 years or more of
faithful service and who subsequently is honorably retired from
such employment or continues to be employed by the United States
Government in an area of the former Canal Zone;
(G) an immigrant, and his accompanying spouse and children, who
was an employee of the Panama Canal Company or Canal Zone
Government on the effective date of the exchange of instruments
of ratification of such Panama Canal Treaty of 1977 (April 1,
1979), who has performed faithful service for five years or more
as such an employee, and whose personal safety, or the personal
safety of whose spouse or children, as a direct result of such
Treaty, is reasonably placed in danger because of the special
nature of any of that employment;
(H) an immigrant, and his accompanying spouse and children, who
-
(i) has graduated from a medical school or has qualified to
practice medicine in a foreign state,
(ii) was fully and permanently licensed to practice medicine
in a State on January 9, 1978, and was practicing medicine in a
State on that date,
(iii) entered the United States as a nonimmigrant under
subsection (a)(15)(H) or (a)(15)(J) of this section before
January 10, 1978, and
(iv) has been continuously present in the United States in
the practice or study of medicine since the date of such entry;
(I)(i) an immigrant who is the unmarried son or daughter of an
officer or employee, or of a former officer or employee, of an
international organization described in paragraph (15)(G)(i), and
who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
physically present in the United States for periods totaling at
least one-half of the seven years before the date of application
for a visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least
seven years between the ages of five and 21 years, and (II)
applies for a visa or adjustment of status under this
subparagraph no later than his twenty-fifth birthday or six
months after October 24, 1988, whichever is later;
(ii) an immigrant who is the surviving spouse of a deceased
officer or employee of such an international organization, and
who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
physically present in the United States for periods totaling at
least one-half of the seven years before the date of application
for a visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least 15
years before the date of the death of such officer or employee,
and (II) files a petition for status under this subparagraph no
later than six months after the date of such death or six months
after October 24, 1988, whichever is later;
(iii) an immigrant who is a retired officer or employee of such
an international organization, and who (I) while maintaining the
status of a nonimmigrant under paragraph (15)(G)(iv), has resided
and been physically present in the United States for periods
totaling at least one-half of the seven years before the date of
application for a visa or for adjustment of status to a status
under this subparagraph and for a period or periods aggregating
at least 15 years before the date of the officer or employee's
retirement from any such international organization, and (II)
files a petition for status under this subparagraph no later than
six months after the date of such retirement or six months after
October 25, 1994, whichever is later; or
(iv) an immigrant who is the spouse of a retired officer or
employee accorded the status of special immigrant under clause
(iii), accompanying or following to join such retired officer or
employee as a member of his immediate family;
(J) an immigrant who is present in the United States -
(i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care due to abuse, neglect, or
abandonment;
(ii) for whom it has been determined in administrative or
judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence;
and
(iii) in whose case the Attorney General expressly consents
to the dependency order serving as a precondition to the grant
of special immigrant juvenile status; except that -
(I) no juvenile court has jurisdiction to determine the
custody status or placement of an alien in the actual or
constructive custody of the Attorney General unless the
Attorney General specifically consents to such jurisdiction;
and
(II) no natural parent or prior adoptive parent of any
alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this
chapter;
(K) an immigrant who has served honorably on active duty in the
Armed Forces of the United States after October 15, 1978, and
after original lawful enlistment outside the United States (under
a treaty or agreement in effect on October 1, 1991) for a period
or periods aggregating -
(i) 12 years and who, if separated from such service, was
never separated except under honorable conditions, or
(ii) 6 years, in the case of an immigrant who is on active
duty at the time of seeking special immigrant status under this
subparagraph and who has reenlisted to incur a total active
duty service obligation of at least 12 years,
and the spouse or child of any such immigrant if accompanying or
following to join the immigrant, but only if the executive
department under which the immigrant serves or served recommends
the granting of special immigrant status to the immigrant; or
(L) an immigrant who would be described in clause (i), (ii),
(iii), or (iv) of subparagraph (I) if any reference in such a
clause -
(i) to an international organization described in paragraph
(15)(G)(i) were treated as a reference to the North Atlantic
Treaty Organization (NATO);
(ii) to a nonimmigrant under paragraph (15)(G)(iv) were
treated as a reference to a nonimmigrant classifiable under
NATO-6 (as a member of a civilian component accompanying a
force entering in accordance with the provisions of the NATO
Status-of-Forces Agreement, a member of a civilian component
attached to or employed by an Allied Headquarters under the
''Protocol on the Status of International Military
Headquarters'' set up pursuant to the North Atlantic Treaty, or
as a dependent); and
(iii) to the Immigration Technical Corrections Act of 1988 or
to the Immigration and Nationality Technical Corrections Act of
1994 were a reference to the American Competitiveness and
Workforce Improvement Act of 1998.
(28) The term ''organization'' means, but is not limited to, an
organization, corporation, company, partnership, association,
trust, foundation or fund; and includes a group of persons, whether
or not incorporated, permanently or temporarily associated together
with joint action on any subject or subjects.
(29) The term ''outlying possessions of the United States'' means
American Samoa and Swains Island.
(30) The term ''passport'' means any travel document issued by
competent authority showing the bearer's origin, identity, and
nationality if any, which is valid for the admission of the bearer
into a foreign country.
(31) The term ''permanent'' means a relationship of continuing or
lasting nature, as distinguished from temporary, but a relationship
may be permanent even though it is one that may be dissolved
eventually at the instance either of the United States or of the
individual, in accordance with law.
(32) The term ''profession'' shall include but not be limited to
architects, engineers, lawyers, physicians, surgeons, and teachers
in elementary or secondary schools, colleges, academies, or
seminaries.
(33) The term ''residence'' means the place of general abode; the
place of general abode of a person means his principal, actual
dwelling place in fact, without regard to intent.
(34) The term ''Service'' means the Immigration and
Naturalization Service of the Department of Justice.
(35) The term ''spouse'', ''wife'', or ''husband'' do not include
a spouse, wife, or husband by reason of any marriage ceremony where
the contracting parties thereto are not physically present in the
presence of each other, unless the marriage shall have been
consummated.
(36) The term ''State'' includes the District of Columbia, Puerto
Rico, Guam, and the Virgin Islands of the United States.
(37) The term ''totalitarian party'' means an organization which
advocates the establishment in the United States of a totalitarian
dictatorship or totalitarianism. The terms ''totalitarian
dictatorship'' and ''totalitarianism'' mean and refer to systems of
government not representative in fact, characterized by (A) the
existence of a single political party, organized on a dictatorial
basis, with so close an identity between such party and its
policies and the governmental policies of the country in which it
exists, that the party and the government constitute an
indistinguishable unit, and (B) the forcible suppression of
opposition to such party.
(38) The term ''United States'', except as otherwise specifically
herein provided, when used in a geographical sense, means the
continental United States, Alaska, Hawaii, Puerto Rico, Guam, and
the Virgin Islands of the United States.
(39) The term ''unmarried'', when used in reference to any
individual as of any time, means an individual who at such time is
not married, whether or not previously married.
(40) The term ''world communism'' means a revolutionary movement,
the purpose of which is to establish eventually a Communist
totalitarian dictatorship in any or all the countries of the world
through the medium of an internationally coordinated Communist
political movement.
(41) The term ''graduates of a medical school'' means aliens who
have graduated from a medical school or who have qualified to
practice medicine in a foreign state, other than such aliens who
are of national or international renown in the field of medicine.
(42) The term ''refugee'' means (A) any person who is outside any
country of such person's nationality or, in the case of a person
having no nationality, is outside any country in which such person
last habitually resided, and who is unable or unwilling to return
to, and is unable or unwilling to avail himself or herself of the
protection of, that country because of persecution or a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, or (B) in such special circumstances as the President
after appropriate consultation (as defined in section 1157(e) of
this title) may specify, any person who is within the country of
such person's nationality or, in the case of a person having no
nationality, within the country in which such person is habitually
residing, and who is persecuted or who has a well-founded fear of
persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion. The term
''refugee'' does not include any person who ordered, incited,
assisted, or otherwise participated in the persecution of any
person on account of race, religion, nationality, membership in a
particular social group, or political opinion. For purposes of
determinations under this chapter, a person who has been forced to
abort a pregnancy or to undergo involuntary sterilization, or who
has been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population control
program, shall be deemed to have been persecuted on account of
political opinion, and a person who has a well founded fear that he
or she will be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on account of
political opinion.
(43) The term ''aggravated felony'' means -
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined
in section 802 of title 21), including a drug trafficking crime
(as defined in section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as
defined in section 921 of title 18) or in explosive materials (as
defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating
to laundering of monetary instruments) or section 1957 of that
title (relating to engaging in monetary transactions in property
derived from specific unlawful activity) if the amount of the
funds exceeded $10,000;
(E) an offense described in -
(i) section 842(h) or (i) of title 18, or section 844(d),
(e), (f), (g), (h), or (i) of that title (relating to explosive
materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o),
(p), or (r) or 924(b) or (h) of title 18 (relating to firearms
offenses); or
(iii) section 5861 of title 26 (relating to firearms
offenses);
(F) a crime of violence (as defined in section 16 of title 18,
but not including a purely political offense) for which the term
of imprisonment at (FOOTNOTE 2) least one year;
(FOOTNOTE 2) So in original. Probably should be preceded by
''is''.
(G) a theft offense (including receipt of stolen property) or
burglary offense for which the term of imprisonment at (FOOTNOTE
2) least one year;
(H) an offense described in section 875, 876, 877, or 1202 of
title 18 (relating to the demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or 2252 of
title 18 (relating to child pornography);
(J) an offense described in section 1962 of title 18 (relating
to racketeer influenced corrupt organizations), or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling offenses),
for which a sentence of one year imprisonment or more may be
imposed;
(K) an offense that -
(i) relates to the owning, controlling, managing, or
supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423 of title 18
(relating to transportation for the purpose of prostitution) if
committed for commercial advantage; or
(iii) is described in section 1581, 1582, 1583, 1584, 1585,
or 1588 of title 18 (relating to peonage, slavery, and
involuntary servitude);
(L) an offense described in -
(i) section 793 (relating to gathering or transmitting
national defense information), 798 (relating to disclosure of
classified information), 2153 (relating to sabotage) or 2381 or
2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the
identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the
identity of undercover agents);
(M) an offense that -
(i) involves fraud or deceit in which the loss to the victim
or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to
tax evasion) in which the revenue loss to the Government
exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2) of section
1324(a) of this title (relating to alien smuggling), except in
the case of a first offense for which the alien has affirmatively
shown that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien's spouse, child, or
parent (and no other individual) to violate a provision of this
chapter (FOOTNOTE 3)
(FOOTNOTE 3) So in original. Probably should be followed by a
semicolon.
(O) an offense described in section 1325(a) or 1326 of this
title committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph;
(P) an offense (i) which either is falsely making, forging,
counterfeiting, mutilating, or altering a passport or instrument
in violation of section 1543 of title 18 or is described in
section 1546(a) of such title (relating to document fraud) and
(ii) for which the term of imprisonment is at least 12 months,
except in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the alien's
spouse, child, or parent (and no other individual) to violate a
provision of this chapter;
(Q) an offense relating to a failure to appear by a defendant
for service of sentence if the underlying offense is punishable
by imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting,
forgery, or trafficking in vehicles the identification numbers of
which have been altered for which the term of imprisonment is at
least one year;
(S) an offense relating to obstruction of justice, perjury or
subornation of perjury, or bribery of a witness, for which the
term of imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court
pursuant to a court order to answer to or dispose of a charge of
a felony for which a sentence of 2 years' imprisonment or more
may be imposed; and
(U) an attempt or conspiracy to commit an offense described in
this paragraph.
The term applies to an offense described in this paragraph whether
in violation of Federal or State law and applies to such an offense
in violation of the law of a foreign country for which the term of
imprisonment was completed within the previous 15 years.
Notwithstanding any other provision of law (including any effective
date), the term applies regardless of whether the conviction was
entered before, on, or after September 30, 1996.
(44)(A) The term ''managerial capacity'' means an assignment
within an organization in which the employee primarily -
(i) manages the organization, or a department, subdivision,
function, or component of the organization;
(ii) supervises and controls the work of other supervisory,
professional, or managerial employees, or manages an essential
function within the organization, or a department or subdivision
of the organization;
(iii) if another employee or other employees are directly
supervised, has the authority to hire and fire or recommend those
as well as other personnel actions (such as promotion and leave
authorization) or, if no other employee is directly supervised,
functions at a senior level within the organizational hierarchy
or with respect to the function managed; and
(iv) exercises discretion over the day-to-day operations of the
activity or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a
managerial capacity merely by virtue of the supervisor's
supervisory duties unless the employees supervised are
professional.
(B) The term ''executive capacity'' means an assignment within an
organization in which the employee primarily -
(i) directs the management of the organization or a major
component or function of the organization;
(ii) establishes the goals and policies of the organization,
component, or function;
(iii) exercises wide latitude in discretionary decision-making;
and
(iv) receives only general supervision or direction from higher
level executives, the board of directors, or stockholders of the
organization.
(C) If staffing levels are used as a factor in determining
whether an individual is acting in a managerial or executive
capacity, the Attorney General shall take into account the
reasonable needs of the organization, component, or function in
light of the overall purpose and stage of development of the
organization, component, or function. An individual shall not be
considered to be acting in a managerial or executive capacity (as
previously defined) merely on the basis of the number of employees
that the individual supervises or has supervised or directs or has
directed.
(45) The term ''substantial'' means, for purposes of paragraph
(15)(E) with reference to trade or capital, such an amount of trade
or capital as is established by the Secretary of State, after
consultation with appropriate agencies of Government.
(46) The term ''extraordinary ability'' means, for purposes of
subsection (a)(15)(O)(i) of this section, in the case of the arts,
distinction.
(47)(A) The term ''order of deportation'' means the order of the
special inquiry officer, or other such administrative officer to
whom the Attorney General has delegated the responsibility for
determining whether an alien is deportable, concluding that the
alien is deportable or ordering deportation.
(B) The order described under subparagraph (A) shall become final
upon the earlier of -
(i) a determination by the Board of Immigration Appeals
affirming such order; or
(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of
Immigration Appeals.
(48)(A) The term ''conviction'' means, with respect to an alien,
a formal judgment of guilt of the alien entered by a court or, if
adjudication of guilt has been withheld, where -
(i) a judge or jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere or has admitted
sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or
restraint on the alien's liberty to be imposed.
(B) Any reference to a term of imprisonment or a sentence with
respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law regardless
of any suspension of the imposition or execution of that
imprisonment or sentence in whole or in part.
(49) The term ''stowaway'' means any alien who obtains
transportation without the consent of the owner, charterer, master
or person in command of any vessel or aircraft through concealment
aboard such vessel or aircraft. A passenger who boards with a
valid ticket is not to be considered a stowaway.
(b) As used in subchapters I and II of this chapter -
(1) The term ''child'' means an unmarried person under twenty-one
years of age who is -
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time
the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence
or domicile, or under the law of the father's residence or
domicile, whether in or outside the United States, if such
legitimation takes place before the child reaches the age of
eighteen years and the child is in the legal custody of the
legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother or to its natural
father if the father has or had a bona fide parent-child
relationship with the person;
(E) a child adopted while under the age of sixteen years if the
child has been in the legal custody of, and has resided with, the
adopting parent or parents for at least two years: Provided, That
no natural parent of any such adopted child shall thereafter, by
virtue of such parentage, be accorded any right, privilege, or
status under this chapter; or
(F) a child, under the age of sixteen at the time a petition is
filed in his behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who is an orphan
because of the death or disappearance of, abandonment or
desertion by, or separation or loss from, both parents, or for
whom the sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the child for
emigration and adoption; who has been adopted abroad by a United
States citizen and spouse jointly, or by an unmarried United
States citizen at least twenty-five years of age, who personally
saw and observed the child prior to or during the adoption
proceedings; or who is coming to the United States for adoption
by a United States citizen and spouse jointly, or by an unmarried
United States citizen at least twenty-five years of age, who have
or has complied with the preadoption requirements, if any, of the
child's proposed residence; Provided, That the Attorney General
is satisfied that proper care will be furnished the child if
admitted to the United States: Provided further, That no natural
parent or prior adoptive parent of any such child shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this chapter.
(2) The terms ''parent'', ''father'', or ''mother'' mean a
parent, father, or mother only where the relationship exists by
reason of any of the circumstances set forth in subdivision (1) of
this subsection, except that, for purposes of paragraph (1)(F)
(other than the second proviso therein) in the case of a child born
out of wedlock described in paragraph (1)(D) (and not described in
paragraph (1)(C)), the term ''parent'' does not include the natural
father of the child if the father has disappeared or abandoned or
deserted the child or if the father has in writing irrevocably
released the child for emigration and adoption.
(3) The term ''person'' means an individual or an organization.
(4) The term ''immigration judge'' means an attorney whom the
Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review, qualified to conduct
specified classes of proceedings, including a hearing under section
1229a of this title. An immigration judge shall be subject to such
supervision and shall perform such duties as the Attorney General
shall prescribe, but shall not be employed by the Immigration and
Naturalization Service.
(5) The term ''adjacent islands'' includes Saint Pierre,
Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the
Bahamas, Barbados, Jamaica, the Windward and Leeward Islands,
Trinidad, Martinique, and other British, French, and Netherlands
territory or possessions in or bordering on the Caribbean Sea.
(c) As used in subchapter III of this chapter -
(1) The term ''child'' means an unmarried person under twenty-one
years of age and includes a child legitimated under the law of the
child's residence or domicile, or under the law of the father's
residence or domicile, whether in the United States or elsewhere,
and, except as otherwise provided in sections 1431 and 1432 of this
title, a child adopted in the United States, if such legitimation
or adoption takes place before the child reaches the age of sixteen
years, and the child is in the legal custody of the legitimating or
adopting parent or parents at the time of such legitimation or
adoption.
(2) The terms ''parent'', ''father'', and ''mother'' include in
the case of a posthumous child a deceased parent, father, and
mother.
(d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102
Stat. 2619.
(e) For the purposes of this chapter -
(1) The giving, loaning, or promising of support or of money or
any other thing of value to be used for advocating any doctrine
shall constitute the advocating of such doctrine; but nothing in
this paragraph shall be construed as an exclusive definition of
advocating.
(2) The giving, loaning, or promising of support or of money or
any other thing of value for any purpose to any organization shall
be presumed to constitute affiliation therewith; but nothing in
this paragraph shall be construed as an exclusive definition of
affiliation.
(3) Advocating the economic, international, and governmental
doctrines of world communism means advocating the establishment of
a totalitarian Communist dictatorship in any or all of the
countries of the world through the medium of an internationally
coordinated Communist movement.
(f) For the purposes of this chapter -
No person shall be regarded as, or found to be, a person of good
moral character who, during the period for which good moral
character is required to be established is, or was -
(1) a habitual drunkard;
(2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95
Stat. 1611.
(3) a member of one or more of the classes of persons, whether
inadmissible or not, described in paragraphs (2)(D), (6)(E), and
(9)(A) of section 1182(a) of this title; or subparagraphs (A) and
(B) of section 1182(a)(2) of this title and subparagraph (C)
thereof of such section (FOOTNOTE 4) (except as such paragraph
relates to a single offense of simple possession of 30 grams or
less of marihuana), if the offense described therein, for which
such person was convicted or of which he admits the commission,
was committed during such period;
(FOOTNOTE 4) So in original. The phrase ''of such section''
probably should not appear.
(4) one whose income is derived principally from illegal
gambling activities;
(5) one who has been convicted of two or more gambling offenses
committed during such period;
(6) one who has given false testimony for the purpose of
obtaining any benefits under this chapter;
(7) one who during such period has been confined, as a result
of conviction, to a penal institution for an aggregate period of
one hundred and eighty days or more, regardless of whether the
offense, or offenses, for which he has been confined were
committed within or without such period;
(8) one who at any time has been convicted of an aggravated
felony (as defined in subsection (a)(43) of this section).
The fact that any person is not within any of the foregoing
classes shall not preclude a finding that for other reasons such
person is or was not of good moral character.
(g) For the purposes of this chapter any alien ordered deported
or removed (whether before or after the enactment of this chapter)
who has left the United States, shall be considered to have been
deported or removed in pursuance of law, irrespective of the source
from which the expenses of his transportation were defrayed or of
the place to which he departed.
(h) For purposes of section 1182(a)(2)(E) of this title, the term
''serious criminal offense'' means -
(1) any felony;
(2) any crime of violence, as defined in section 16 of title
18; or
(3) any crime of reckless driving or of driving while
intoxicated or under the influence of alcohol or of prohibited
substances if such crime involves personal injury to another.
-SOURCE-
(June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Pub. L.
85-316, Sec. 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85-508,
Sec. 22, July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec. 20(a), Mar.
18, 1959, 73 Stat. 13; Pub. L. 87-256, Sec. 109(a), (b), Sept. 21,
1961, 75 Stat. 534; Pub. L. 87-301, Sec. 1, 2, 7, Sept. 26, 1961,
75 Stat. 650, 653; Pub. L. 89-236, Sec. 8, 24, Oct. 3, 1965, 79
Stat. 916, 922; Pub. L. 89-710, Nov. 2, 1966, 80 Stat. 1104; Pub.
L. 91-225, Sec. 1, Apr. 7, 1970, 84 Stat. 116; Pub. L. 94-155, Dec.
16, 1975, 89 Stat. 824; Pub. L. 94-484, title VI, Sec. 601(b), (e),
Oct. 12, 1976, 90 Stat. 2301, 2302; Pub. L. 94-571, Sec. 7(a), Oct.
20, 1976, 90 Stat. 2706; Pub. L. 94-484, title VI, Sec. 602(c),
Oct. 12, 1976, as added Pub. L. 95-83, title III, Sec. 307(q)(3),
Aug. 1, 1977, 91 Stat. 395; Pub. L. 95-105, title I, Sec.
109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96-70, title III,
Sec. 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96-212, title
II, Sec. 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97-116, Sec.
2, 5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv.
L. 98-47, Sec. 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99-505,
Sec. 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L. 99-514, Sec. 2, Oct.
22, 1986, 100 Stat. 2095; Pub. L. 99-603, title III, Sec. 301(a),
312, 315(a), Nov. 6, 1986, 100 Stat. 3411, 3434, 3439; Pub. L.
99-653, Sec. 2, 3, Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100-459,
title II, Sec. 210(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L.
100-525, Sec. 2(o)(1), 8(b), 9(a), Oct. 24, 1988, 102 Stat. 2613,
2617, 2619; Pub. L. 100-690, title VII, Sec. 7342, Nov. 18, 1988,
102 Stat. 4469; Pub. L. 101-162, title VI, Sec. 611(a), Nov. 21,
1989, 103 Stat. 1038; Pub. L. 101-238, Sec. 3(a), Dec. 18, 1989,
103 Stat. 2100; Pub. L. 101-246, title I, Sec. 131(b), Feb. 16,
1990, 104 Stat. 31; Pub. L. 101-649, title I, Sec. 123, 151(a),
153(a), 162(f)(2)(A), title II, Sec. 203(c), 204(a), (c),
205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, Sec.
407(a)(2), title V, Sec. 501(a), 509(a), title VI, Sec. 603(a)(1),
Nov. 29, 1990, 104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022,
5023, 5026, 5027, 5040, 5048, 5051, 5082; Pub. L. 102-110, Sec.
2(a), Oct. 1, 1991, 105 Stat. 555; Pub. L. 102-232, title II, Sec.
203(a), 205(a)-(c), 206(b), (c)(1), (d), 207(b), title III, Sec.
302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1),
309(b)(1), (4), Dec. 12, 1991, 105 Stat. 1737, 1740, 1741,
1746-1748, 1750, 1751, 1758; Pub. L. 103-236, title I, Sec.
162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub. L. 103-322, title
XIII, Sec. 130003(a), Sept. 13, 1994, 108 Stat. 2024; Pub. L.
103-337, div. C, title XXXVI, Sec. 3605, Oct. 5, 1994, 108 Stat.
3113; Pub. L. 103-416, title II, Sec. 201, 202, 214, 219(a),
222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub.
L. 104-51, Sec. 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104-132,
title IV, Sec. 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L.
104-208, div. C, title I, Sec. 104(a), title III, Sec. 301(a),
308(d)(3)(A), (4)(A), (e)(3), (f)(1)(A), (B), 321(a), (b),
322(a)(1), (2)(A), 361(a), 371(a), title VI, Sec. 601(a)(1),
625(a)(2), 671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat.
3009-555, 3009-575, 3009-617, 3009-620, 3009-621, 3009-627 to
3009-629, 3009-644, 3009-645, 3009-689, 3009-700, 3009-721 to
3009-723; Pub. L. 105-54, Sec. 1(a), Oct. 6, 1997, 111 Stat. 1175;
Pub. L. 105-119, title I, Sec. 113, Nov. 26, 1997, 111 Stat. 2460;
Pub. L. 105-277, div. C, title IV, Sec. 421, div. G, title XXII,
Sec. 2222(e), Oct. 21, 1998, 112 Stat. 2681-657, 2681-819; Pub. L.
105-319, Sec. 2(b)(1), (d)(2), Oct. 30, 1998, 112 Stat. 3014,
3015.)
-STATAMEND-
AMENDMENT OF SUBSECTION (A)(15)(Q)
Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015,
provided that, effective Oct. 1, 2005, subsection (a)(15)(Q) is
amended by striking ''or'' at the end of clause (i), by striking
''(i)'' after ''(Q)'', and by striking clause (ii).
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4),
and (e)-(g), was in the original, ''this Act'', meaning act June
27, 1952, ch. 477, 66 Stat. 163, as amended, known as the
Immigration and Nationality Act, which is classified principally to
this chapter. For complete classification of this Act to the Code,
see Short Title note set out below and Tables.
The Headquarters Agreement with the United Nations (61 Stat.
758), referred to in subsec. (a)(15)(C), is set out as a note under
section 287 of Title 22, Foreign Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec. (a)(15)(F),
probably means the subsec. (l) of section 1184, which relates to
nonimmigrant elementary and secondary school students and was added
by Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1), Sept. 30,
1996, 110 Stat. 3009-699.
The International Organizations Immunities Act (59 Stat. 669),
referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch.
652, title I, 59 Stat. 669, as amended, which is classified
principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of
Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 288 of Title 22 and Tables.
Section 2(a) of the Irish Peace Process Cultural and Training
Program Act of 1998, referred to in subsec. (a)(15)(Q)(ii)(I), is
section 2(a) of Pub. L. 105-319, which is set out in a note below.
Section 3(a) of the Selective Training and Service Act of 1940,
as amended (54 Stat. 885; 55 Stat. 844), referred to in subsec.
(a)(19), was classified to section 303 of Title 50, Appendix, War
and National Defense, and was omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec.
(a)(19), was redesignated the Universal Military Training and
Service Act by act June 19, 1951, 65 Stat. 75, and then
redesignated the Military Selective Service Act of 1967 by act June
30, 1967, Pub. L. 90-40, 81 Stat. 100, and subsequently
redesignated the Military Selective Service Act by Pub. L. 92-129,
title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
The Immigration Technical Corrections Act of 1988, referred to in
subsec. (a)(27)(L)(iii), is Pub. L. 100-525, Oct. 24, 1988, 102
Stat. 2609, as amended. For complete classification of this Act to
the Code, see Short Title of 1988 Amendments note set out below and
Tables.
The Immigration and Nationality Technical Corrections Act of
1994, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103-416,
Oct. 25, 1994, 108 Stat. 4305, as amended. For complete
classification of this Act to the Code, see Short Title of 1994
Amendment note set out below and Tables.
The American Competitiveness and Workforce Improvement Act of
1998, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105-277,
div. C, title IV, Oct. 21, 1998, 112 Stat. 2681-641. For complete
classification of this Act to the Code, see Short Title of 1998
Amendment note set out below and Tables.
-COD-
CODIFICATION
September 30, 1996, referred to in the concluding provisions of
subsec. (a)(43), was in the original ''the date of enactment of
this paragraph'', which was translated as meaning the date of
enactment of section 321(b) of Pub. L. 104-208, which inserted that
language, to reflect the probable intent of Congress.
-MISC3-
AMENDMENTS
1998 - Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted
''or employee'' after ''other officer'' and ''or, when used in
subchapter III of this chapter, for the purpose of adjudicating
nationality'' before period at end.
Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 421(b), inserted ''(or
under analogous authority under paragraph (27)(L))'' after
''(27)(I)(i)'' in cl. (i) and after ''(27)(I)'' in cl. (ii).
Subsec. (a)(15)(Q). Pub. L. 105-319, Sec. 2(b)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 421(a), added subpar.
(L).
1997 - Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54
substituted ''2000'' for ''1997''.
Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J)
generally. Prior to amendment, subpar. (J) read as follows: ''an
immigrant (i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care, and (ii) for whom it has been
determined in administrative or judicial proceedings that it would
not be in the alien's best interest to be returned to the alien's
or parent's previous country of nationality or country of last
habitual residence; except that no natural parent or prior adoptive
parent of any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under this chapter; or''.
1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at
end ''Such regulations shall provide that (A) each such document
include a biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not permitted
to cross over the border into the United States unless the
biometric identifier contained on the card matches the appropriate
biometric characteristic of the alien.''
Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: ''The
term 'entry' means any coming of an alien into the United States,
from a foreign port or place or from an outlying possession,
whether voluntarily or otherwise, except that an alien having a
lawful permanent residence in the United States shall not be
regarded as making an entry into the United States for the purposes
of the immigration laws if the alien proves to the satisfaction of
the Attorney General that his departure to a foreign port or place
or to an outlying possession was not intended or reasonably to be
expected by him or his presence in a foreign port or place or in an
outlying possession was not voluntary: Provided, That no person
whose departure from the United States was occasioned by
deportation proceedings, extradition, or other legal process shall
be held to be entitled to such exception.''
Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted
''consistent with section 1184(l) of this title'' after ''such a
course of study''.
Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A),
substituted ''admission'' for ''entry''.
Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B),
substituted ''section 1184(k)'' for ''section 1184(j)'' in
introductory provisions.
Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
''expulsion, or removal'' for ''or expulsion''.
Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
''admission'' for ''entry''.
Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end
''For purposes of determinations under this chapter, a person who
has been forced to abort a pregnancy or to undergo involuntary
sterilization, or who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been persecuted
on account of political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a
procedure or subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well founded fear of
persecution on account of political opinion.''
Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of
concluding provisions ''Notwithstanding any other provision of law
(including any effective date), the term applies regardless of
whether the conviction was entered before, on, or after September
30, 1996.''
Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted '',
rape, or sexual abuse of a minor'' after ''murder''.
Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
''$10,000'' for ''$100,000''.
Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck
out ''imposed (regardless of any suspension of imprisonment)''
after ''term of imprisonment''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ''at least one
year'' for ''is at least 5 years''.
Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out ''imposed
(regardless of any suspension of imprisonment)'', was executed by
striking out ''imposed (regardless of any suspension of such
imprisonment)'' after ''term of imprisonment'' to reflect the
probable intent of Congress.
Pub. L. 104-208, Sec. 321(a)(3), substituted ''at least one
year'' for ''is at least 5 years''.
Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
''sentence of one year imprisonment'' for ''sentence of 5 years'
imprisonment''.
Pub. L. 104-132, Sec. 440(e)(1), inserted '', or an offense
described in section 1084 (if it is a second or subsequent offense)
or 1955 of that title (relating to gambling offenses),'' after
''corrupt organizations)''.
Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck
out ''or'' at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck
out comma after ''1588''.
Pub. L. 104-208, Sec. 321(a)(5), inserted ''if committed'' before
''for commercial advantage''.
Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl.
(ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added
cl. (iii).
Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
''$10,000'' for ''$200,000'' in cls. (i) and (ii).
Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (N) by striking ''imposed (regardless
of any suspension of imprisonment)'', could not be executed because
that phrase did not appear subsequent to amendment by Pub. L.
104-208, Sec. 321(a)(8). See below.
Pub. L. 104-208, Sec. 321(a)(8), substituted '', except in the
case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this chapter'' for
''for which the term of imprisonment imposed (regardless of any
suspension of imprisonment) at least one year;''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ''at least one
year'' for ''is at least 5 years''.
Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally.
Prior to amendment, subpar. (N) read as follows: ''an offense
described in section 274(a)(1) of title 18, United States Code
(relating to alien smuggling) for the purpose of commercial
advantage;''.
Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added
subpar. (O).
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally.
Prior to amendment subpar. (O) read as follows: ''an offense
described in section 1546(a) of title 18 (relating to document
fraud) which constitutes trafficking in the documents described in
such section for which the term of imprisonment imposed (regardless
of any suspicion of such imprisonment) is at least 5 years;''.
Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out ''imposed
(regardless of any suspension of imprisonment)'', was executed by
striking out ''imposed (regardless of any suspension of such
imprisonment)'' after ''term of imprisonment'' to reflect the
probable intent of Congress.
Pub. L. 104-208, Sec. 321(a)(9), substituted ''12 months, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a provision
of this chapter'' for ''18 months''.
Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of
subpar. (P) by substituting ''at least one year'' for ''is at least
5 years'', could not be executed because ''is at least 5 years''
did not appear subsequent to amendments by Pub. L. 104-132, Sec.
440(e)(4), (6). See above.
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Former subpar. (P) redesignated (Q).
Pub. L. 104-132, Sec. 440(e)(5), substituted ''5 years or more;''
for ''15 years or more; and''.
Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted
''for which the term of imprisonment is at least one year'' for
''for which a sentence of 5 years' imprisonment or more may be
imposed''.
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted
''for which the term of imprisonment is at least one year'' for
''for which a sentence of 5 years' imprisonment or more may be
imposed''.
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added
subpar. (T).
Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par.
(48).
Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ''The
term 'special inquiry officer' means any immigration officer who
the Attorney General deems specially qualified to conduct specified
classes of proceedings, in whole or in part, required by this
chapter to be conducted by or before a special inquiry officer and
who is designated and selected by the Attorney General,
individually or by regulation, to conduct such proceedings. Such
special inquiry officer shall be subject to such supervision and
shall perform such duties, not inconsistent with this chapter, as
the Attorney General shall prescribe.''
Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted
''and 1432'' for '', 1432, and 1433''.
Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
''inadmissible'' for ''excludable''.
Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted
''deported or removed'' for ''deported'' in two places.
1995 - Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A),
substituted ''child born in wedlock'' for ''legitimate child''.
Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted ''a
child born out of wedlock'' for ''an illegitimate child''.
Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted ''a child
born out of wedlock'' for ''an illegitimate child''.
1994 - Subsec. (a)(1). Pub. L. 103-236 substituted ''official
designated by the Secretary of State pursuant to section 1104(b) of
this title'' for ''Assistant Secretary of State for Consular
Affairs''.
Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214,
substituted ''1997,'' for ''1994,''.
Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted ''or of
the American Institute in Taiwan,'' after ''Government abroad,''
and ''(or, in the case of the American Institute in Taiwan, the
Director thereof)'' after ''Service establishment''.
Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted ''or continues
to be employed by the United States Government in an area of the
former Canal Zone'' after ''employment''.
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added
subcl. (II) and struck out former subcl. (II) which read as
follows: ''files a petition for status under this subparagraph
before January 1, 1993, and no later than six months after the date
of such retirement or six months after October 24, 1988, whichever
is later; or''.
Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted
''or whom such a court has legally committed to, or placed under
the custody of, an agency or department of a State and who has''
for ''and has'' before ''been deemed''.
Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43)
generally. Prior to amendment, par. (43) read as follows: ''The
term 'aggravated felony' means murder, any illicit trafficking in
any controlled substance (as defined in section 802 of title 21),
including any drug trafficking crime as defined in section
924(c)(2) of title 18, or any illicit trafficking in any firearms
or destructive devices as defined in section 921 of such title, any
offense described in section 1956 of title 18 (relating to
laundering of monetary instruments), or any crime of violence (as
defined in section 16 of title 18, not including a purely political
offense) for which the term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at least 5 years, or any
attempt or conspiracy to commit any such act. Such term applies to
offenses described in the previous sentence whether in violation of
Federal or State law and also applies to offenses described in the
previous sentence in violation of foreign law for which the term of
imprisonment was completed within the previous 15 years.''
1991 - Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1),
inserted a comma after ''States)''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A),
struck out '', and had approved by,'' after ''has filed with''.
Pub. L. 102-232, Sec. 303(a)(5)(A), inserted ''subject to section
1182(j)(2) of this title,'' after ''or (b)''.
Pub. L. 102-232, Sec. 207(b), inserted ''or as a fashion model''
after ''section 1184(i)(1) of this title'' and ''or, in the case of
a fashion model, is of distinguished merit and ability'' after
''section 1184(i)(2) of this title''.
Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out
before semicolon at end '', but only if the Attorney General
determines that the alien's entry into the United States will
substantially benefit prospectively the United States''.
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c),
substituted ''significant production (including pre- and
post-production work)'' for ''significant principal photography''.
Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl.
(i) generally. Prior to amendment, cl. (i) read as follows:
''(I) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance, or
performs as part of an entertainment group that has been recognized
internationally as being outstanding in the discipline for a
sustained and substantial period of time and has had a sustained
and substantial relationship with that group over a period of at
least 1 year and provides functions integral to the performance of
the group, and
''(II) seeks to enter the United States temporarily and solely
for the purpose of performing as such an athlete or entertainer
with respect to a specific athletic competition or performance;''.
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1),
inserted ''or organizations'' after ''and an organization'' and
struck out before semicolon at end '', between the United States
and the foreign states involved''.
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d),
substituted ''to perform, teach, or coach'' for ''for the purpose
of performing'' and inserted ''commercial or noncommercial'' before
''program''.
Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted
''approved'' for ''designated''.
Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
(24) which defined ''naturalization court''.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232, Sec.
302(e)(8)(A), substituted ''files a petition for status'' for
''applies for a visa or adjustment of status''.
Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out
comma before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
reference to section 1434.
1990 - Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c),
substituted ''a capacity'' for ''any capacity'' and inserted '', as
defined in section 1288(a) of this title'' after ''on board a
vessel''.
Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted '',
including trade in services or trade in technology'' after
''substantial trade''.
Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out
''having a residence in a foreign country which he has no intention
of abandoning'' after ''an alien''.
Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A),
substituted ''for each facility (which facility shall include the
petitioner and each worksite, other than a private household
worksite, if the worksite is not the alien's employer or controlled
by the employer) for which the alien will perform the services,
or'' for ''for the facility for which the alien will perform the
services, or''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1),
substituted ''who is coming temporarily to the United States to
perform services (other than services described in subclause (a)
during the period in which such subclause applies and other than
services described in subclause (ii)(a) or in subparagraph (O) or
(P)) in a specialty occupation described in section 1184(i)(1) of
this title, who meets the requirements for the occupation specified
in section 1184(i)(2) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with, and had approved by,
the Secretary an application under section 1182(n)(1) of this
title'' for ''who is of distinguished merit and ability and who is
coming temporarily to the United States to perform services (other
than services as a registered nurse) of an exceptional nature
requiring such merit and ability, and who, in the case of a
graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant
to an invitation from a public or nonprofit private educational or
research institution or agency in the United States to teach or
conduct research, or both, at or for such institution or agency''.
Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3),
substituted ''(a) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the
United States'' for ''who is coming temporarily to the United
States (a)'', and in subcl. (b) inserted ''having a residence in a
foreign country which he has no intention of abandoning who is
coming temporarily to the United States'' after ''(b)''.
Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4),
inserted ''having a residence in a foreign country which he has no
intention of abandoning'' after ''(iii)''.
Pub. L. 101-649, Sec. 205(d), inserted '', in a training program
that is not designed primarily to provide productive employment''
before semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted
''within 3 years preceding'' for ''immediately preceding''.
Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar.
(R).
Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
''(i) an immigrant who continuously for at least two years
immediately preceding the time of his application for admission to
the United States has been, and who seeks to enter the United
States solely for the purpose of carrying on the vocation of
minister of a religious denomination, and whose services are needed
by such religious denomination having a bona fide organization in
the United States; and (ii) the spouse or the child of any such
immigrant, if accompanying or following to join him;''.
Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar.
(J).
Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
''(except as used in section 1421(a) of this title)'' after
''includes''.
Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted ''and
also applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was
completed within the previous 15 years'' after ''Federal or State
law''.
Pub. L. 101-649, Sec. 501(a)(5), inserted at end ''Such term
applies to offenses described in the previous sentence whether in
violation of Federal or State law.''
Pub. L. 101-649, Sec. 501(a)(4), struck out ''committed within
the United States'' after ''to commit any such act,''.
Pub. L. 101-649, Sec. 501(a)(3), inserted ''any offense described
in section 1956 of title 18 (relating to laundering of monetary
instruments), or any crime of violence (as defined in section 16 of
title 18, not including a purely political offense) for which the
term of imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years,'' after ''section 921 of such
title,''.
Pub. L. 101-649, Sec. 501(a)(2), inserted ''any illicit
trafficking in any controlled substance (as defined in section 802
of title 21), including'' after ''murder,''.
Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
''paragraphs (2)(D), (6)(E), and (9)(A)'' for ''paragraphs (11),
(12), and (31)''.
Pub. L. 101-649, Sec. 603(a)(1)(B), substituted ''subparagraphs
(A) and (B) of section 1182(a)(2) of this title and subparagraph
(C) thereof'' for ''paragraphs (9) and (10) of section 1182(a) of
this title and paragraph (23)''.
Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted ''an
aggravated felony (as defined in subsection (a)(43) of this
section)'' for ''the crime of murder''.
Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted
''1182(a)(2)(E) of this title'' for ''1182(a)(34) of this title''.
Pub. L. 101-246 added subsec. (h).
1989 - Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a),
designated existing provisions as subcl. (b), and inserted ''(other
than services as a registered nurse)'' after ''to perform
services''.
Subsec. (b)(2). Pub. L. 101-162 inserted before period at end '',
except that, for purposes of paragraph (1)(F) (other than the
second proviso therein) in the case of an illegitimate child
described in paragraph (1)(D) (and not described in paragraph
(1)(C)), the term 'parent' does not include the natural father of
the child if the father has disappeared or abandoned or deserted
the child or if the father has in writing irrevocably released the
child for emigration and adoption''.
1988 - Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1),
substituted ''Director of the United States Information Agency''
for ''Secretary of State''.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525,
Sec. 2(o)(1), substituted ''October 24, 1988'' for ''November 6,
1986'' and ''applies for a visa or adjustment of status'' for
''applies for admission''.
Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out ''For
the purpose of issuing certificates of citizenship to persons who
are citizens of the United States, the term 'United States' as used
in section 1452 of this title includes the Canal Zone.''
Subsec. (a)(43). Pub. L. 100-690 added par. (43).
Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before
period at end '', except that, for purposes of paragraph (1)(F) in
the case of an illegitimate child described in paragraph (1)(D)
(and not described in paragraph (1)(C)), the term 'parent' does not
include the natural father of the child if the father has
disappeared or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration and
adoption''. See Effective and Termination Dates of 1988 Amendments
note below.
Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L.
99-653, Sec. 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec.
(d) defining ''veteran'', ''Spanish-American War'', ''World War
I'', ''World War II'', and ''Korean hostilities'' as those terms
were used in part III of subchapter III of this chapter.
1986 - Subsec. (a)(15)(D). Pub. L. 99-505 designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated
existing provisions of cl. (ii) as subcl. (b) and added subcl. (a)
relating to persons performing agricultural labor or services as
defined by the Secretary of Labor in regulations and including
agricultural labor as defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29 of a temporary
or seasonal nature.
Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which
for purposes of codification was translated as ''title 26'' thus
requiring no change in text.
Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar.
(N).
Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar.
(I).
Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted ''or to
its natural father if the father has or had a bona fide
parent-child relationship with the person''.
Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out
''thereafter'' after ''the child has''.
Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
defining ''child'', was repealed by Pub. L. 100-525, Sec. 8(b), and
such par. (1) was revived as of Nov. 14, 1986, see Repeal and
Revival note below.
1984 - Subsec. (a)(9). Priv. L. 98-47 struck out provisions which
directed that in Canal Zone and outlying possessions of the United
States ''consular officer'' meant an officer designated by the
Governor of the Canal Zone, or the governors of the outlying
possessions for purposes of issuing immigrant or nonimmigrant visas
under this chapter.
1981 - Subsec. (a)(15)(F). Pub. L. 97-116, Sec. 2(a)(1),
18(a)(1), substituted in cl. (i) ''college, university, seminary,
conservatory, academic high school, elementary school, or other
academic institution or in a language training program'' for
''institution of learning or other recognized place of study'', and
''Secretary of Education'' for ''Office of Education of the United
States''.
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2),
substituted a semicolon for a period at end of subpars. (H), (J),
(K), and (L) and inserted ''or'' at end of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar.
(M).
Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar.
(H).
Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out
provision that residence be considered continuous for the purposes
of sections 1482 and 1484 of this title where there is a continuity
of stay but not necessarily an uninterrupted physical presence in a
foreign state or states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck
out ''or'' at the end.
Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted
a semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97-116, Sec. 2(b), 18(a)(5)(C),
substituted ''sixteen'' for ''fourteen'', and ''; or'' for the
period at the end.
Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted
''sixteen'' for ''fourteen''.
Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which
provided that a person not be considered a person of good moral
character if within the period for which good moral character is
required to be established the person commits adultery, and
substituted in par. (3) ''paragraphs (9) and (10) of section
1182(a) of this title and paragraph (23) of such section (except as
such paragraph relates to a single offense of simple possession of
30 grams or less of marihuana)'' for ''paragraphs (9), (10), and
(23) of section 1182(a) of this title''.
1980 - Subsec. (a)(42). Pub. L. 96-212 added par. (42).
1979 - Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars.
(E) to (G).
1977 - Subsec. (a)(1). Pub. L. 95-105 substituted ''Assistant
Secretary of State for Consular Affairs'' for ''administrator of
the Bureau of Security and Consular Affairs of the Department of
State''.
Subsec. (a)(41). Pub. L. 95-83 inserted ''a'' after ''graduates
of'' and '', other than such aliens who are of national or
international renown in the field of medicine'' after ''in a
foreign state''.
1976 - Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1),
inserted '', and who, in the case of a graduate of a medical school
coming to the United States to perform services as a member of the
medical profession, is coming pursuant to an invitation from a
public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both,
at or for such institution or agency''.
Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted
'', but this clause shall not apply to graduates of medical schools
coming to the United States to perform services as members of the
medical profession''.
Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted
'', other than to receive graduate medical education or training''.
Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted
''and who, if he is coming to the United States to participate in a
program under which he will receive graduate medical education or
training, also meets the requirements of section 1182(j) of this
title''.
Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision
defining term ''special immigrant'' to include an immigrant born in
any independent foreign country of the Western Hemisphere or in the
Canal Zone and the spouse and children of any such immigrant, if
accompanying, or following to join him and restricting issuance of
an immigrant visa until consular officer was in receipt of a
determination made by the Secretary of Labor pursuant to former
provisions of section 1182(a)(14) of this title; and redesignated
as subpars. (A) to (D) former subpars. (B) to (E).
Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41).
1975 - Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of
alien children under the age of fourteen by unmarried United States
citizens who are at least twenty-five years of age and inserted
requirement that before adoption the Attorney General be satisfied
that proper care will be provided the child after admission.
1970 - Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided
for nonimmigrant alien status for alien spouse and minor children
of any alien specified in par. (H) if accompanying him or following
to join him and struck out ''temporary'', ''other'', and
''industrial'' before ''services'', ''temporary services'', and
''trainee'' in cls. (i) to (iii), respectively.
Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added
subpars. (K) and (L).
1966 - Subsec. (a)(38). Pub. L. 89-710 inserted sentence
providing that term ''United States'' as used in section 1452 of
this title, for the purpose of issuing certificates of citizenship
to persons who are citizens of the United States, shall include the
Canal Zone.
1965 - Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted
''special immigrant'' for ''nonquota immigrant'' as term being
defined.
Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term
''profession'' and its definition for term ''quota immigrant'' and
its definition.
Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition
to include a child, under the age of 14 at the time a petition is
filed in his behalf to accord a classification as an immediate
relative or who is an orphan because of the death or disappearance
of, abandonment or desertion by, or separation or loss from, both
parents, or for whom the sole or surviving parent is incapable of
providing the proper care which will be provided the child if
admitted to the United States and who has in writing irrevocably
released the child for emigration and adoption, and made minor
amendments in the existing definition.
Subsec. (b)(6). Pub. L. 89-236, Sec. 24, struck out par. (6)
which defined term ''eligible orphan''.
1961 - Subsec. (a)(15). Pub. L. 87-256 included the alien spouse
and minor children of any such alien if accompanying him or
following to join him in subpar. (F), and added subpar. (J).
Subsec. (b)(1)(F). Pub. L. 87-301, Sec. 2, added subpar. (F).
Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6).
Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted ''or from
June 25, 1950, to July 1, 1955,''.
Subsec. (d)(2). Pub. L. 87-301, Sec. 7(b), inserted definition of
''Korean hostilities''.
1959 - Subsec. (a)(36). Pub. L. 86-3 struck out reference to
Hawaii.
1958 - Subsec. (a)(36). Pub. L. 85-508 struck out reference to
Alaska.
1957 - Subsec. (b)(1). Pub. L. 85-316 inserted ''whether or not
born out of wedlock'' in subpar. (B), and added subpars. (D) and
(E).
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015,
provided that the amendment made by section 2(d)(2) is effective
Oct. 1, 2005.
EFFECTIVE DATE OF 1997 AMENDMENTS
Pub. L. 105-139, Sec. 1(f), Dec. 2, 1997, 111 Stat. 2645,
provided that: ''The amendments made by this section (amending
provisions set out as notes under this section and sections 1151,
1153, and 1255 of this title) -
''(1) shall take effect upon the enactment of the Nicaraguan
Adjustment and Central American Relief Act (title II of Pub. L.
105-100, approved Nov. 19, 1997) (as contained in the District of
Columbia Appropriations Act, 1998); and
''(2) shall be effective as if included in the enactment of
such Act.''
Section 1(b) of Pub. L. 105-54 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
the date of the enactment of this Act (Oct. 6, 1997).''
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 104(b) of div. C of Pub. L. 104-208, as amended by Pub.
L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 410(c)), Oct. 21,
1998, 112 Stat. 2681-50, 2681-104, provided that:
''(1) Clause a. - Clause (A) of the sentence added by the
amendment made by subsection (a) (amending this section) shall
apply to documents issued on or after 18 months after the date of
the enactment of this Act (Sept. 30, 1996).
''(2) Clause b. - Clause (B) of such sentence shall apply to
cards presented on or after 5 years after the date of the enactment
of this Act.''
Section 309 of title III of div. C of Pub. L. 104-208, as
amended by Pub. L. 104-302, Sec. 2(2), (3), Oct. 11, 1996, 110
Stat. 3657; Pub. L. 105-100, title II, Sec. 203(a)-(c), 204(d),
Nov. 19, 1997, 111 Stat. 2196-2199, 2201; Pub. L. 105-139, Sec.
1(c), Dec. 2, 1997, 111 Stat. 2644, provided that:
''(a) In General. - Except as provided in this section and
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this
division (amending sections 1225, 1227, and 1251 of this title,
enacting provisions set out as notes under sections 1225, 1226,
1227, and 1252 of this title, and repealing provisions set out as a
note under section 1225 of this title), this subtitle (subtitle A
(Sec. 301-309) of title III of div. C of Pub. L. 104-208, see
Tables for classification) and the amendments made by this subtitle
shall take effect on the first day of the first month beginning
more than 180 days after the date of the enactment of this Act
(Sept. 30, 1996) (in this title (see Tables for classification)
referred to as the 'title III-A effective date').
''(b) Promulgation of Regulations. - The Attorney General shall
first promulgate regulations to carry out this subtitle by not
later than 30 days before the title III-A effective date.
''(c) Transition for Certain Aliens. -
''(1) General rule that new rules do not apply. - Subject to
the succeeding provisions of this subsection, in the case of an
alien who is in exclusion or deportation proceedings before the
title III-A effective date -
''(A) the amendments made by this subtitle shall not apply,
and
''(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
''(2) Attorney general option to elect to apply new procedures.
- In a case described in paragraph (1) in which an evidentiary
hearing under section 236 or 242 and 242B of the Immigration and
Nationality Act (8 U.S.C. 1226, 1252, former 1252b) has not
commenced as of the title III-A effective date, the Attorney
General may elect to proceed under chapter 4 of title II of such
Act (8 U.S.C. 1221 et seq.) (as amended by this subtitle). The
Attorney General shall provide notice of such election to the
alien involved not later than 30 days before the date any
evidentiary hearing is commenced. If the Attorney General makes
such election, the notice of hearing provided to the alien under
section 235 or 242(a) of such Act (8 U.S.C. 1225, 1252(a)) shall
be valid as if provided under section 239 of such Act (8 U.S.C.
1229) (as amended by this subtitle) to confer jurisdiction on the
immigration judge.
''(3) Attorney general option to terminate and reinitiate
proceedings. - In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II (of) the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.) (as
amended by this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated proceeding.
''(4) Transitional changes in judicial review. - In the case in
which a final order of exclusion or deportation is entered more
than 30 days after the date of the enactment of this Act (Sept.
30, 1996), notwithstanding any provision of section 106 of the
Immigration and Nationality Act (former 8 U.S.C. 1105a) (as in
effect as of the date of the enactment of this Act) to the
contrary -
''(A) in the case of judicial review of a final order of
exclusion, subsection (b) of such section shall not apply and
the action for judicial review shall be governed by the
provisions of subsections (a) and (c) of such (section) in the
same manner as they apply to judicial review of orders of
deportation;
''(B) a court may not order the taking of additional evidence
under section 2347(c) of title 28, United States Code;
''(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of
exclusion or deportation;
''(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the administrative
proceedings before the special inquiry officer or immigration
judge were completed;
''(E) there shall be no appeal of any discretionary decision
under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act (8 U.S.C. former 1182(c),
1182(h), (i), former 1254, 1255) (as in effect as of the date
of the enactment of this Act (Sept. 30, 1996));
''(F) service of the petition for review shall not stay the
deportation of an alien pending the court's decision on the
petition, unless the court orders otherwise; and
''(G) there shall be no appeal permitted in the case of an
alien who is inadmissible or deportable by reason of having
committed a criminal offense covered in section 212(a)(2) or
section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2), former
1251(a)(2)(A)(iii), (B), (C), (D)) (as in effect as of the date
of the enactment of this Act), or any offense covered by
section 241(a)(2)(A)(ii) of such Act (as in effect on such
date) for which both predicate offenses are, without regard to
their date of commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
''(5) Transitional rules with regard to suspension of
deportation. -
''(A) In general. - Subject to subparagraphs (B) and (C),
paragraphs (1) and (2) of section 240A(d) of the Immigration
and Nationality Act (8 U.S.C. 1229b(d)(1), (2)) (relating to
continuous residence or physical presence) shall apply to
orders to show cause (including those referred to in section
242B(a)(1) of the Immigration and Nationality Act (former 8
U.S.C. 1252b(a)(1)), as in effect before the title III-A
effective date), issued before, on, or after the date of the
enactment of this Act (Sept. 30, 1996).
''(B) Exception for certain orders. - In any case in which
the Attorney General elects to terminate and reinitiate
proceedings in accordance with paragraph (3) of this
subsection, paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act (8 U.S.C. 1229b(d)(1), (2))
shall not apply to an order to show cause issued before April
1, 1997.
''(C) Special rule for certain aliens granted temporary
protection from deportation. -
''(i) In general. - For purposes of calculating the period
of continuous physical presence under section 244(a) of the
Immigration and Nationality Act (former 8 U.S.C. 1254(a)) (as
in effect before the title III-A effective date) or section
240A of such Act (8 U.S.C. 1229b) (as in effect after the
title III-A effective date), subparagraph (A) of this
paragraph and paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act shall not apply in the
case of an alien, regardless of whether the alien is in
exclusion or deportation proceedings before the title III-A
effective date, who has not been convicted at any time of an
aggravated felony (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))) and -
''(I) was not apprehended after December 19, 1990, at the time of
entry, and is -
''(aa) a Salvadoran national who first entered the
United States on or before September 19, 1990, and who
registered for benefits pursuant to the settlement
agreement in American Baptist Churches, et al. v.
Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or
before October 31, 1991, or applied for temporary
protected status on or before October 31, 1991; or
''(bb) a Guatemalan national who first entered the
United States on or before October 1, 1990, and who
registered for benefits pursuant to such settlement
agreement on or before December 31, 1991;
''(II) is a Guatemalan or Salvadoran national who filed an
application for asylum with the Immigration and
Naturalization Service on or before April 1, 1990;
''(III) is the spouse or child (as defined in section 101(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)))
of an individual, at the time a decision is rendered to
suspend the deportation, or cancel the removal, of such
individual, if the individual has been determined to be
described in this clause (excluding this subclause and
subclause (IV));
''(IV) is the unmarried son or daughter of an alien parent, at the
time a decision is rendered to suspend the deportation, or
cancel the removal, of such alien parent, if -
''(aa) the alien parent has been determined to be
described in this clause (excluding this subclause and
subclause (III)); and
''(bb) in the case of a son or daughter who is 21 years
of age or older at the time such decision is rendered,
the son or daughter entered the United States on or
before October 1, 1990; or
''(V) is an alien who entered the United States on or before
December 31, 1990, who filed an application for asylum on
or before December 31, 1991, and who, at the time of filing
such application, was a national of the Soviet Union,
Russia, any republic of the former Soviet Union, Latvia,
Estonia, Lithuania, Poland, Czechoslovakia, Romania,
Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or
any state of the former Yugoslavia.
''(ii) Limitation on judicial review. - A determination by
the Attorney General as to whether an alien satisfies the
requirements of clause (i) is final and shall not be subject
to review by any court. Nothing in the preceding sentence
shall be construed as limiting the application of section
242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1252(a)(2)(B)) (as in effect after the title III-A effective
date) to other eligibility determinations pertaining to
discretionary relief under this Act (probably should be
''division'', see Short Title of 1996 Amendment note below).
''(6) Transition for certain family unity aliens. - The
Attorney General may waive the application of section 212(a)(9)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), as
inserted by section 301(b)(1) of this division, in the case of an
alien who is provided benefits under the provisions of section
301 of the Immigration Act of 1990 (Pub. L. 101-649, set out as a
note under section 1255a of this title) (relating to family
unity).
''(7) Limitation on suspension of deportation. - After April 1,
1997, the Attorney General may not suspend the deportation and
adjust the status under section 244 of the Immigration and
Nationality Act (former 8 U.S.C. 1254) (as in effect before the
title III-A effective date) of any alien in any fiscal year,
except in accordance with section 240A(e) of such Act (8 U.S.C.
1229b(e)). The previous sentence shall apply regardless of when
an alien applied for such suspension and adjustment.
''(d) Transitional References. - For purposes of carrying out the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended
by this subtitle -
''(1) any reference in section 212(a)(1)(A) of such Act (8
U.S.C. 1182(a)(1)(A)) to the term 'inadmissible' is deemed to
include a reference to the term 'excludable', and
''(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and
deportation or an order of deportation.
''(e) Transition. - No period of time before the date of the
enactment of this Act (Sept. 30, 1996) shall be included in the
period of 1 year described in section 212(a)(6)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(B)(i)) (as
amended by section 301(c) of this division).
''(f) Special Rule for Cancellation of Removal. -
''(1) In general. - Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (as in
effect after the title III-A effective date), other than
subsections (b)(1), (d)(1), and (e) of section 240A of such Act
(8 U.S.C. 1229b(b)(1), (d)(1), (e)) (but including section
242(a)(2)(B) of such Act (8 U.S.C. 1252(a)(2)(B))), the Attorney
General may, under section 240A of such Act, cancel removal of,
and adjust to the status of an alien lawfully admitted for
permanent residence, an alien who is inadmissible or deportable
from the United States, if the alien applies for such relief, the
alien is described in subsection (c)(5)(C)(i) of this section,
and -
''(A) the alien -
''(i) is not inadmissible or deportable under paragraph (2)
or (3) of section 212(a) or paragraph (2), (3), or (4) of
section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2), (3), 1227(a)(3), (4)) and is not an alien
described in section 241(b)(3)(B)(i) of such Act (8 U.S.C.
1231(b)(3)(B)(i));
''(ii) has been physically present in the United States for
a continuous period of not less than 7 years immediately
preceding the date of such application;
''(iii) has been a person of good moral character during
such period; and
''(iv) establishes that removal would result in extreme
hardship to the alien or to the alien's spouse, parent, or
child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence; or
''(B) the alien -
''(i) is inadmissible or deportable under section
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
237(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2), 1227(a)(2), (3));
''(ii) is not an alien described in section 241(b)(3)(B)(i)
or 101(a)(43) of such Act (8 U.S.C. 1231(b)(3)(B)(i),
1101(a)(43));
''(iii) has been physically present in the United States
for a continuous period of not less than 10 years immediately
following the commission of an act, or the assumption of a
status, constituting a ground for removal;
''(iv) has been a person of good moral character during
such period; and
''(v) establishes that removal would result in exceptional
and extremely unusual hardship to the alien or to the alien's
spouse, parent, or child, who is a citizen of the United
States or an alien lawfully admitted for permanent residence.
''(2) Treatment of certain breaks in presence. - Section
240A(d)(2) (8 U.S.C. 1229b(d)(2)) shall apply for purposes of
calculating any period of continuous physical presence under this
subsection, except that the reference to subsection (b)(1) in
such section shall be considered to be a reference to paragraph
(1) of this section.
''(g) Motions To Reopen Deportation or Removal Proceedings. -
Notwithstanding any limitation imposed by law on motions to reopen
removal or deportation proceedings (except limitations premised on
an alien's conviction of an aggravated felony (as defined in
section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)))), any alien who has become eligible for cancellation of
removal or suspension of deportation as a result of the amendments
made by section 203 of the Nicaraguan Adjustment and Central
American Relief Act (Pub. L. 105-100, amending this note) may file
one motion to reopen removal or deportation proceedings to apply
for cancellation of removal or suspension of deportation. The
Attorney General shall designate a specific time period in which
all such motions to reopen are required to be filed. The period
shall begin not later than 60 days after the date of the enactment
of the Nicaraguan Adjustment and Central American Relief Act (Nov.
19, 1997) and shall extend for a period not to exceed 240 days.''
(Section 203(f) of Pub. L. 105-100 provided that: ''The
amendments made by this section to the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (amending section 309 of
Pub. L. 104-208, div. C, set out above) shall take effect as if
included in the enactment of such Act.'')
(Section 2 of Pub. L. 104-302 provided that the amendment made by
that section to section 309 of Pub. L. 104-208, set out above, is
effective Sept. 30, 1996.)
Section 321(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by this section (amending this section) shall apply
to actions taken on or after the date of the enactment of this Act
(Sept. 30, 1996), regardless of when the conviction occurred, and
shall apply under section 276(b) of the Immigration and Nationality
Act (8 U.S.C. 1326(b)) only to violations of section 276(a) of such
Act occurring on or after such date.''
Section 322(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by subsection (a) (amending this section and
section 1182 of this title) shall apply to convictions and
sentences entered before, on, or after the date of the enactment of
this Act (Sept. 30, 1996). Subparagraphs (B) and (C) of section
240(c)(3) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(3)(B), (C)), as inserted by section 304(a)(3) of this
division, shall apply to proving such convictions.''
Section 361(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall take
effect on the date of the enactment of this Act (Sept. 30, 1996).''
Section 371(d)(1) of div. C of Pub. L. 104-208 provided that:
''Subsections (a) and (b) (amending this section and sections
1105a, 1159, 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this
title) shall take effect on the date of the enactment of this Act
(Sept. 30, 1996).''
Section 591 of title V of div. C of Pub. L. 104-208 provided
that: ''Except as provided in this title (enacting sections 1369 to
1371 and 1623 and 1624 of this title, amending sections 1182, 1183,
1183a, 1612, 1631, 1632, 1641, and 1642 of this title, section 506
of Title 18, Crimes and Criminal Procedure, section 1091 of Title
20, Education, and sections 402, 1320b-7, and 1436a of Title 42,
The Public Health and Welfare, enacting provisions set out as notes
under this section, sections 1182, 1183a, 1611, 1612, and 1621 of
this title, and sections 402 and 1436a of Title 42, and repealing
provisions set out as a note under section 1183a of this title),
this title and the amendments made by this title shall take effect
on the date of the enactment of this Act (Sept. 30, 1996).''
Section 625(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by subsection (a) (amending this section and
section 1184 of this title) shall apply to individuals who obtain
the status of a nonimmigrant under section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) after the
end of the 60-day period beginning on the date of the enactment of
this Act (Sept. 30, 1996), including aliens whose status as such a
nonimmigrant is extended after the end of such period.''
Section 671(a)(7) of div. C of Pub. L. 104-208 provided that:
''The amendments made by this subsection (amending this section,
sections 1184, 1251, 1255, 1258, and 1324 of this title, and
provisions set out as a note under section 1252 of this title)
shall be effective as if included in the enactment of the VCCLEA
(Pub. L. 103-322).''
Section 671(b)(14) of div. C of Pub. L. 104-208 provided that:
''Except as otherwise provided in this subsection (amending this
section and sections 1252a, 1255b, 1323, 1356, and 1483 of this
title, enacting provisions set out as notes under sections 1161 and
1433 of this title, and amending provisions set out as notes under
this section and sections 1255a, 1323, and 1401 of this title), the
amendments made by this subsection shall take effect as if included
in the enactment of INTCA (Pub. L. 103-416).''
Section 440(f) of Pub. L. 104-132 provided that: ''The amendments
made by subsection (e) (amending this section) shall apply to
convictions entered on or after the date of the enactment of this
Act (Apr. 24, 1996), except that the amendment made by subsection
(e)(3) (amending this section) shall take effect as if included in
the enactment of section 222 of the Immigration and Nationality
Technical Corrections Act of 1994 (Pub. L. 103-416).''
EFFECTIVE DATE OF 1994 AMENDMENTS
Section 219(dd) of Pub. L. 103-416 provided that: ''Except as
otherwise specifically provided in this section, the amendments
made by this section (amending this section and sections 1151,
1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a, 1255,
1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c, 1330,
1356, 1421, 1424, 1444, 1449, and 1522 of this title, repealing
section 1161 of this title, amending provisions set out as notes
under this section and sections 1182, 1254a, 1255, 1255a, and 1356
of this title, and repealing provisions set out as a note under
section 1288 of this title) shall be effective as if included in
the enactment of the Immigration Act of 1990 (Pub. L. 101-649).''
Section 222(b) of Pub. L. 103-416 provided that: ''The amendments
made by this section (amending this section) shall apply to
convictions entered on or after the date of enactment of this Act
(Oct. 25, 1994).''
Amendment by Pub. L. 103-236 applicable with respect to
officials, offices, and bureaus of Department of State when
executive orders, regulations, or departmental directives
implementing the amendments by sections 161 and 162 of Pub. L.
103-236 become effective, or 90 days after Apr. 30, 1994, whichever
comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
set out as a note under section 2651a of Title 22, Foreign
Relations and Intercourse.
EFFECTIVE DATE OF 1991 AMENDMENTS
Section 208 of title II of Pub. L. 102-232 provided that: ''The
provisions of, and amendments made by, this title (amending this
section and section 1184 of this title and enacting provisions set
out as notes under this section and section 1184 of this title)
shall take effect on April 1, 1992.''
Section 302(e)(8) of Pub. L. 102-232 provided that the amendments
made by that section (amending this section and sections 1186a and
1201 of this title) are effective as if included in section 162(e)
of the Immigration Act of 1990, Pub. L. 102-649.
Section 305(m) of Pub. L. 102-232 provided that the amendments
made by that section (amending this section and sections 1423,
1433, 1441, 1443, 1445, and 1452 of this title) are effective as if
included in section 407(d) of the Immigration Act of 1990, Pub. L.
101-649.
Section 310 of Pub. L. 102-232, as amended by Pub. L. 103-416,
title II, Sec. 219(z)(9), Oct. 25, 1994, 108 Stat. 4318, provided
that: ''Except as otherwise specifically provided, the amendments
made by (and provisions of) -
''(1) sections 302 through 308 (amending this section, sections
1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a
to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to
1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325,
1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451,
1452, and 1455 of this title, and section 3753 of Title 42, The
Public Health and Welfare, enacting provisions set out as notes
under this section and sections 1151, 1157, 1160, 1182, 1251,
1252, 1254a, and 1255 of this title, and amending provisions set
out as notes under this section and sections 1105a, 1153, 1158,
1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title)
shall take effect as if included in the enactment of the
Immigration Act of 1990 (Pub. L. 101-649), and
''(2) section 309(b) (amending this section and sections 1154,
1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, and 1455 of
this title and enacting provisions set out as a note under this
section) shall take effect on the date of the enactment of this
Act (Dec. 12, 1991).''
Section 2(d) of Pub. L. 102-110 provided that: ''This section
(amending this section and sections 1153 and 1255 of this title)
shall take effect 60 days after the date of the enactment of this
Act (Oct. 1, 1991).''
EFFECTIVE DATE OF 1990 AMENDMENT
Section 161 of title I of Pub. L. 101-649, as amended by Pub. L.
102-110, Sec. 4, Oct. 1, 1991, 105 Stat. 557; Pub. L. 102-232,
title III, Sec. 302(e)(1), (2), Dec. 12, 1991, 105 Stat. 1745; Pub.
L. 103-416, title II, Sec. 218, 219(aa), Oct. 25, 1994, 108 Stat.
4316, 4319; Pub. L. 104-208, div. C, title VI, Sec. 671(f), Sept.
30, 1996, 110 Stat. 3009-724, provided that:
''(a) In General. - Except as otherwise provided in this title,
this title and the amendments made by this title (enacting section
1186b of this title, amending this section, sections 1103, 1151 to
1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title,
section 3304 of Title 26, Internal Revenue Code, and section 1382c
of Title 42, The Public Health and Welfare, enacting provisions set
out as notes under this section and sections 1152, 1153, 1159,
1182, 1201, and 1251 of this title, and amending provisions set out
as notes under section 1255 of this title) shall take effect on
October 1, 1991, and apply beginning with fiscal year 1992.
''(b) Provisions Taking Effect Upon Enactment. - The following
sections (and amendments made by such sections) shall take effect
on the date of the enactment of this Act (Nov. 29, 1990) and
(unless otherwise provided) apply to fiscal year 1991:
''(1) Section 103 (enacting provisions set out as a note under
section 1152 of this title) (relating to per country limitation
for Hong Kong).
''(2) Section 104 (amending sections 1157 and 1159 of this
title and enacting provisions set out as notes under section 1159
of this title) (relating to asylee adjustments).
''(3) Section 124 (enacting provisions set out as a note under
section 1153 of this title) (relating to transition for employees
of certain U.S. businesses in Hong Kong).
''(4) Section 133 (enacting provisions set out as a note under
section 1153 of this title) (relating to one-year diversity
transition for aliens who have been notified of availability of
NP-5 visas).
''(5) Section 134 (enacting provisions set out as a note under
section 1153 of this title) (relating to transition for displaced
Tibetans).
''(6) Section 153 (amending this section and section 1251 of
this title and enacting provisions set out as a note under
section 1251 of this title) (relating to special immigrants who
are dependent on a juvenile court).
''(7) Section 154 (enacting provisions set out as a note under
section 1201 of this title) (permitting extension of validity of
visas for certain residents of Hong Kong).
''(8) Section 155 (enacting provisions set out as a note under
section 1153 of this title) (relating to expedited issuance of
Lebanese second and fifth preference visas).
''(9) Section 162(b) (amending section 1154 of this title)
(relating to immigrant visa petitioning process), but only
insofar as such section relates to visas for fiscal years
beginning with fiscal year 1992.
''(c) General Transitions. -
''(1) In the case of a petition filed under section 204(a) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)) before
October 1, 1991, for preference status under section 203(a)(3) or
section 203(a)(6) of such Act (8 U.S.C. 1153(a)(3), (6)) (as in
effect before such date) -
''(A) in order to maintain the priority date with respect to
such a petition, the petitioner must file (by not later than
October 1, 1993) a new petition for classification of the
employment under paragraph (1), (2), or (3) of section 203(b)
of such Act (as amended by this title), and
''(B) any labor certification under section 212(a)(5)(A) of
such Act required with respect to the new petition shall be
deemed approved if the labor certification with respect to the
previous petition was previously approved under section
212(a)(14) of such Act.
In the case of a petition filed under section 204(a) of such Act
before October 1, 1991, but which is not described in paragraph
(4), and for which a filing fee was paid, any additional filing
fee shall not exceed one-half of the fee for the filing of the
new petition referred to in subparagraph (A).
''(2) Any petition filed under section 204(a) of the
Immigration and Nationality Act before October 1, 1991, for
preference status under section 203(a)(4) or section 203(a)(5) of
such Act (as in effect before such date) shall be deemed, as of
such date, to be a petition filed under such section for
preference status under section 203(a)(3) or section 203(a)(4),
respectively, of such Act (as amended by this title).
''(3) In the case of an alien who is described in section
203(a)(8) of the Immigration and Nationality Act (as in effect
before October 1, 1991) as the spouse or child of an alien
admitted for permanent residence as a preference immigrant under
section 203(a)(3) or 203(a)(6) of such Act (as in effect before
such date) and who would be entitled to enter the United States
under such section 203(a)(8) but for the amendments made by this
title (see subsec. (a) above), such an alien shall be deemed to
be described in section 203(d) of such Act as the spouse or child
of an alien described in section 203(b)(2) or 203(b)(3)(A)(i),
respectively, of such Act with the same priority date as that of
the principal alien.
''(4)(A) Subject to subparagraph (B), any petition filed before
October 1, 1991, and approved on any date, to accord status under
section 203(a)(3) or 203(a)(6) of the Immigration and Nationality
Act (as in effect before such date) shall be deemed, on and after
October 1, 1991 (or, if later, the date of such approval), to be
a petition approved to accord status under section 203(b)(2) or
under the appropriate classification under section 203(b)(3),
respectively, of such Act (as in effect on and after such date).
Nothing in this subparagraph shall be construed as exempting the
beneficiaries of such petitions from the numerical limitations
under section 203(b)(2) or 203(b)(3) of such Act.
''(B) Subparagraph (A) shall not apply more than two years
after the date the priority date for issuance of a visa on the
basis of such a petition has been reached.
''(d) Admissibility Standards. - When an immigrant, in possession
of an unexpired immigrant visa issued before October 1, 1991, makes
application for admission, the immigrant's admissibility under
paragraph (7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(7)(A)) shall be determined under
the provisions of law in effect on the date of the issuance of such
visa.
''(e) Construction. - Nothing in this title (see subsec. (a)
above) shall be construed as affecting the provisions of section 19
of Public Law 97-116 (8 U.S.C. 1151 note), section 2(c)(1) of
Public Law 97-271 (8 U.S.C. 1255 note), or section 202(e) of Public
Law 99-603 (8 U.S.C. 1255a note).''
(Section 219(aa) of Pub. L. 103-416 provided that the amendment
made by that section to section 161(c)(3) of Pub. L. 101-649, set
out above, is effective as if included in section 4 of Pub. L.
102-110, see below.)
(Section 4 of Pub. L. 102-110 provided that the amendment made by
that section, adding pars. (3) and (4) to section 161(c) of Pub. L.
101-649, set out above, is effective as if included in the
Immigration Act of 1990, Pub. L. 101-649.)
Section 162(f)(3) of Pub. L. 101-649 provided that: ''The
amendments made by this subsection (amending this section, section
1182 of this title, and provisions set out as a note under section
1255 of this title) shall apply as though included in the enactment
of the Immigration Nursing Relief Act of 1989 (Pub. L. 101-238).''
Section 203(d) of Pub. L. 101-649 provided that: ''The amendments
made by this section (enacting section 1288 of this title and
amending this section and section 1281 of this title) shall apply
to services performed on or after 180 days after the date of the
enactment of this Act (Nov. 29, 1990).''
Section 231 of title II of Pub. L. 101-649 provided that:
''Except as otherwise provided in this title, this title, and the
amendments made by this title (enacting section 1288 of this title,
amending this section and sections 1182, 1184, 1187, 1281, and 1323
of this title, and enacting provisions set out as notes under this
section and sections 1182, 1184, 1187, and 1288 of this title),
shall take effect on October 1, 1991, except that sections 222 and
223 (enacting provisions set out as notes under this section) shall
take effect on the date of the enactment of this Act (Nov. 29,
1990).''
Amendment by section 407(a)(2) of Pub. L. 101-649 effective Nov.
29, 1990, with general savings provisions, see section 408(a)(3),
(d) of Pub. L. 101-649, set out as an Effective Date of 1990
Amendment; Savings Provisions note under section 1421 of this
title.
Section 501(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to
offenses committed on or after the date of the enactment of this
Act (Nov. 29, 1990), except that the amendments made by paragraphs
(2) and (5) of subsection (a) shall be effective as if included in
the enactment of section 7342 of the Anti-Drug Abuse Act of 1988
(Pub. L. 100-690).''
Section 509(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 306(a)(7), Dec. 12, 1991, 105 Stat. 1751, provided
that: ''The amendment made by subsection (a) (amending this
section) shall take effect on the date of the enactment of this Act
(Nov. 29, 1990) and shall apply to convictions occurring on or
after such date, except with respect to conviction for murder which
shall be considered a bar to good moral character regardless of the
date of the conviction.''
Section 601(e) of Pub. L. 101-649 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending section 1182 of this title) and by section
603(a) of this Act (amending this section and sections 1102, 1153,
1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a,
1255a, 1259, 1322, and 1327 of this title, repealing section 2691
of Title 22, Foreign Relations and Intercourse, amending provisions
set out as notes under this section and sections 1255 and 1255a of
this title, and repealing provisions set out as notes under section
1182 of this title) shall apply to individuals entering the United
States on or after June 1, 1991.
''(2) The amendments made by paragraphs (5) and (13) of section
603(a) (amending sections 1160 and 1255a of this title) shall apply
to applications for adjustment of status made on or after June 1,
1991.''
EFFECTIVE DATE OF 1989 AMENDMENTS
Amendment by Pub. L. 101-238 applicable to classification
petitions filed for nonimmigrant status only during the 5-year
period beginning on the first day of the 9th month beginning after
Dec. 18, 1989, see section 3(d) of Pub. L. 101-238, set out as a
note under section 1182 of this title.
Section 611(b) of Pub. L. 101-162 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
October 1, 1989, upon the expiration of the similar amendment made
by section 210(a) of the Department of Justice Appropriations Act,
1989 (title II of Public Law 100-459, 102 Stat. 2203).''
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS
Section 2(s) of Pub. L. 100-525 provided that: ''The amendments
made by this section (amending this section, sections 1160, 1161,
1184, 1186, 1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a,
1324b, and 1357 of this title, section 1546 of Title 18, Crimes and
Criminal Procedure, and section 1091 of Title 20, Education,
amending provisions set out as notes under this section and
sections 1188 and 1255a of this title and section 1802 of Title 29,
Labor, and repealing provisions set out as a note under section
1255a of this title) shall be effective as if they were included in
the enactment of the Immigration Reform and Control Act of 1986
(Pub. L. 99-603).''
Section 309(b)(15) of Pub. L. 102-232 provided that: ''The
amendments made by section 8 of the Immigration Technical
Corrections Act of 1988 (Pub. L. 100-525, amending this section,
sections 1152, 1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409,
1431 to 1433, 1452, 1481, and 1483 of this title, and section 4195
of Title 22, Foreign Relations and Intercourse, enacting provisions
set out as notes under this section, sections 1153, 1201, 1401,
1409, 1451, and 1481 of this title, and section 4195 of Title 22,
and amending provisions set out as notes under this section and
section 1153 of this title) shall be effective as if included in
the enactment of the Immigration and Nationality Act Amendments of
1986 (Public Law 99-653).''
Section 210(b) of Pub. L. 100-459 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect as
if included in the enactment of section 315 of the Immigration
Reform and Control Act of 1986 (Pub. L. 99-603) and shall expire on
October 1, 1989.''
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 23(a) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that: ''The
amendments made by sections 2, 4, and 7 (amending this section and
sections 1152, 1182, 1228, 1251, and 1356 of this title) apply to
visas issued, and admissions occurring, on or after November 14,
1986.''
Amendment by section 301(a) of Pub. L. 99-603 applicable to
petitions and applications filed under sections 1184(c) and 1188 of
this title on or after the first day of the seventh month beginning
after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as
amended, set out as an Effective Date note under section 1188 of
this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 21 of Pub. L. 97-116 provided that:
''(a) Except as provided in subsection (b) and in section 5(c)
(set out as a note under section 1182 of this title), the
amendments made by this Act (see Short Title of 1981 Amendment note
below) shall take effect on the date of the enactment of this Act
(Dec. 29, 1981).
''(b)(1) The amendments made by section 2(a) (amending this
section) shall apply on and after the first day of the sixth month
beginning after the date of the enactment of this Act (Dec. 29,
1981).
''(2) The amendment made by section 16 (amending section 1455 of
this title) shall apply to fiscal years beginning on or after
October 1, 1981.''
EFFECTIVE DATE OF 1980 AMENDMENT
Section 204(a)-(c) of title II of Pub. L. 96-212 provided that:
''(a) Except as provided in subsections (b) and (c), this title
and the amendments made by this title (enacting sections 1157,
1158, and 1159 of this title, amending this section and sections
1151 to 1153, 1181, 1182, 1253, and 1254 of this title, enacting
provisions set out as notes under sections 1153, 1157, 1158, 1182,
and 1521 of this title, and amending provisions set out as a note
under sections 1182 and 1255 of this title) shall take effect on
the date of the enactment of this Act (Mar. 17, 1980), and shall
apply to fiscal years beginning with the fiscal year beginning
October 1, 1979.
''(b)(1)(A) Section 207(c) of the Immigration and Nationality Act
(as added by section 201(b) of this Act) (section 1157(c) of this
title) and the amendments made by subsections (b), (c), and (d) of
section 203 of this Act (amending sections 1152, 1153, 1182, and
1254 of this title) shall take effect on April 1, 1980.
''(B) The amendments made by section 203(f) (amending section
1182 of this title) shall apply to aliens paroled into the United
States on or after the sixtieth day after the date of the enactment
of this Act (Mar. 17, 1980).
''(C) The amendments made by section 203(i) (amending section
1153 of this title and provisions set out as notes under section
1255 of this title) shall take effect immediately before April 1,
1980.
''(2) Notwithstanding sections 207(a) and 209(b) of the
Immigration and Nationality Act (as added by section 201(b) of this
Act) (sections 1157(a) and 1159(b) of this title), the fifty
thousand and five thousand numerical limitations specified in such
respective sections shall, for fiscal year 1980, be equal to 25,000
and 2,500, respectively.
''(3) Notwithstanding any other provision of law, for fiscal year
1980 -
''(A) the fiscal year numerical limitation specified in section
201(a) of the Immigration and Nationality Act (section 1151(a) of
this title) shall be equal to 280,000, and
''(B) for the purpose of determining the number of immigrant
visa and adjustments of status which may be made available under
sections 203(a)(2) and 202(e)(2) of such Act (sections 1153(a)(2)
and 1152(e)(2) of this title), the granting of a conditional
entry or adjustment of status under section 203(a)(7) or
202(e)(7) of such Act after September 30, 1979, and before April
1, 1980, shall be considered to be the granting of an immigrant
visa under section 203(a)(2) or 202(e)(2), respectively, of such
Act during such period.
''(c)(1) The repeal of subsections (g) and (h) of section 203 of
the Immigration and Nationality Act, made by section 203(c)(8) of
this title (section 1153(g) and (h) of this title), shall not apply
with respect to any individual who before April 1, 1980, was
granted a conditional entry under section 203(a)(7) of the
Immigration and Nationality Act (and under section 202(e)(7) of
such Act (section 1152(e)(7) of this title), if applicable), as in
effect immediately before such date, and it shall not apply to any
alien paroled into the United States before April 1, 1980, who is
eligible for the benefits of section 5 of Public Law 95-412 (set
out as a note under section 1182 of this title).
''(2) An alien who, before April 1, 1980, established a date of
registration at an immigration office in a foreign country on the
basis of entitlement to a conditional entrant status under section
203(a)(7) of the Immigration and Nationality Act (as in effect
before such date) (section 1153(a)(7) of this title), shall be
deemed to be entitled to refugee status under section 207 of such
Act (as added by section 201(b) of this title) (section 1157 of
this title) and shall be accorded the date of registration
previously established by that alien. Nothing in this paragraph
shall be construed to preclude the acquisition by such an alien of
a preference status under section 203(a) of such Act.
''(3) The provisions of paragraphs (14), (15), (20), (21), (25),
and (32) if section 212(a) of the Immigration and Nationality Act
(former section 1182(a)(14), (15), (20), (21), (25), and (32) of
this title) shall not be applicable to any alien who has entered
the United States before April 1, 1980, pursuant to section
203(a)(7) of such Act (section 1153(a)(7) of this title) or who has
been paroled as a refugee into the United States under section
212(d)(5) of such Act, and who is seeking adjustment of status, and
the Attorney General may waive any other provision of section
212(a) of such Act (other than paragraph (27), (29), or (33) and
other than so much of paragraph (23) as relates to trafficking in
narcotics) with respect to such an alien for humanitarian purposes,
to assure family unity, or when it is otherwise in the public
interest.''
EFFECTIVE DATE OF 1979 AMENDMENT
Section 3201(d)(1) of Pub. L. 96-70 provided that: ''The
amendments made by this section (amending this section and section
1182 of this title) shall take effect on the date of the enactment
of this Act (Sept. 27, 1979).''
EFFECTIVE DATE OF 1977 AMENDMENT
Section 602(d) of Pub. L. 94-484, as added by Pub. L. 95-83,
title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided
that: ''This section (amending this section and enacting provisions
set out as a note under section 1182 of this title) and the
amendment made by subsection (c) (amending this section) are
effective January 10, 1977, and the amendments made by subsections
(b)(4) and (d) of section 601 (amending this section and section
1182 of this title) shall apply only on and after January 10, 1978,
notwithstanding subsection (f) of such section (set out as an
Effective Date of 1976 Amendments note under section 1182 of this
title).''
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 10 of Pub. L. 94-571 provided that: ''The foregoing
provisions of this Act, including the amendments made by such
provisions (see Short Title of 1976 Amendment note below), shall
become effective on the first day of the first month which begins
more than sixty days after the date of enactment of this Act (Oct.
20, 1976).''
Amendment by section 601(b)(4) of Pub. L. 94-484 applicable only
on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub.
L. 94-484, see section 602(d) of Pub. L. 94-484, as added by
section 307(q)(3) of Pub. L. 95-83, set out as an Effective Date of
1977 Amendment note above.
Amendment by Pub. L. 94-484 effective ninety days after Oct. 12,
1976, see section 601(f) of Pub. L. 94-484, set out as a note under
section 1182 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
EFFECTIVE DATE
Section 407 of act June 27, 1952, provided that: ''Except as
provided in subsection (k) of section 401 (former section 1106(k)
of this title), this Act (this chapter) shall take effect at 12:01
ante meridian United States Eastern Standard Time on the one
hundred eightieth day immediately following the date of its
enactment (June 27, 1952).''
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-277, div. A, Sec. 101(h) (title IX, Sec. 901), Oct.
21, 1998, 112 Stat. 2681-480, 2681-538, provided that: ''This title
(enacting sections 1377 and 1378 of this title and provisions set
out as a note under section 1255 of this title) may be cited as the
'Haitian Refugee Immigration Fairness Act of 1998'.''
Pub. L. 105-277, div. C, title IV, Sec. 401(a), Oct. 21, 1998,
112 Stat. 2681-641, provided that: ''This title (enacting section
1869c of Title 42, The Public Health and Welfare, amending this
section and sections 1182, 1184, and 1356 of this title, and
enacting provisions set out as notes under sections 1182 and 1184
of this title and sections 2701 and 2916 of Title 29, Labor) may be
cited as the 'American Competitiveness and Workforce Improvement
Act of 1998'.''
SHORT TITLE OF 1997 AMENDMENTS
Section 112(a) of Pub. L. 105-119 provided that: ''This section
(enacting, amending, and repealing provisions set out as notes
under section 1440 of this title) may be cited as the 'Philippine
Army, Scouts, and Guerilla Veterans of World War II Naturalization
Act of 1997'.''
Pub. L. 105-100, title II, Sec. 201, Nov. 19, 1997, 111 Stat.
2193, provided that: ''This title (amending section 1229b of this
title, enacting provisions set out as notes under this section and
sections 1151, 1153, 1229b, and 1255 of this title, and amending
provisions set out as a note under this section) may be cited as
the 'Nicaraguan Adjustment and Central American Relief Act'.''
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of div. C of Pub. L. 104-208 provided that: ''This
division (see Tables for classification) may be cited as the
'Illegal Immigration Reform and Immigrant Responsibility Act of
1996'.''
SHORT TITLE OF 1994 AMENDMENT
Section 1 of Pub. L. 103-416 provided that: ''This Act (see
Tables for classification) may be cited as the 'Immigration and
Nationality Technical Corrections Act of 1994'.''
SHORT TITLE OF 1991 AMENDMENTS
Section 1(a) of Pub. L. 102-232 provided that: ''This Act
(amending this section, sections 1102, 1105a, 1151 to 1154, 1157,
1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227,
1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284,
1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423,
1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and 1455 of this
title, and section 3753 of Title 42, The Public Health and Welfare,
enacting provisions set out as notes under this section and
sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255,
1356, and 1421 of this title, and amending provisions set out as
notes under this section and sections 1105a, 1153, 1158, 1160,
1184, 1201, 1251, 1254a, 1255, and 1421 of this title) may be cited
as the 'Miscellaneous and Technical Immigration and Naturalization
Amendments of 1991'.''
Section 101 of title I of Pub. L. 102-232 provided that: ''This
title (amending sections 1421, 1448, 1450, and 1455 of this title
and enacting provisions set out as a note under section 1421 of
this title) may be cited as the 'Judicial Naturalization Ceremonies
Amendments of 1991'.''
Section 201 of title II of Pub. L. 102-232 provided that: ''This
title (amending this section and section 1184 of this title and
enacting provisions set out as notes under this section and section
1184 of this title) may be cited as the 'O and P Nonimmigrant
Amendments of 1991'.''
Section 301(a) of title III of Pub. L. 102-232 provided that:
''This title (amending this section, sections 1102, 1105a, 1151 to
1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221,
1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281,
1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357,
1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451,
1452, and 1455 of this title, and section 3753 of Title 42, The
Public Health and Welfare, enacting provisions set out as notes
under this section and sections 1151, 1157, 1160, 1182, 1251, 1252,
1254a, 1255, and 1356 of this title, and amending provisions set
out as notes under this section and sections 1105a, 1153, 1158,
1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title) may be
cited as the 'Immigration Technical Corrections Act of 1991'.''
Section 1 of Pub. L. 102-110 provided that: ''This Act (amending
this section and sections 1153, 1255, and 1524 of this title and
enacting and amending provisions set out as notes under this
section) may be cited as the 'Armed Forces Immigration Adjustment
Act of 1991'.''
SHORT TITLE OF 1990 AMENDMENTS
Section 1(a) of Pub. L. 101-649 provided that: ''This Act (see
Tables for classification) may be cited as the 'Immigration Act of
1990'.''
Pub. L. 101-249, Sec. 1, Mar. 6, 1990, 104 Stat. 94, provided
that: ''This Act (enacting section 1440-1 of this title) may be
cited as the 'Posthumous Citizenship for Active Duty Service Act of
1989'.''
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101-238 provided that: ''This Act (amending
this section and sections 1160 and 1182 of this title, enacting
provisions set out as notes under sections 1182, 1255, 1255a, and
1324a of this title, and amending provisions set out as a note
under section 1255a of this title) may be cited as the 'Immigration
Nursing Relief Act of 1989'.''
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100-658, Sec. 1, Nov. 15, 1988, 102 Stat. 3908, provided
that: ''This Act (enacting provisions set out as notes under this
section and section 1153 of this title and amending provisions set
out as a note under section 1153 of this title) may be cited as the
'Immigration Amendments of 1988'.''
Section 1(a) of Pub. L. 100-525 provided that: ''This Act
(amending this section, sections 1102, 1103, 1104, 1105a, 1152,
1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201,
1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a,
1255b, 1259, 1301, 1302, 1304, 1305, 1324, 1324a, 1324b, 1353,
1356, 1357, 1360, 1408, 1409, 1421, 1422, 1424, 1426, 1431, 1432,
1433, 1435, 1440, 1441, 1446, 1447, 1451, 1452, 1454, 1455, 1459,
1481, 1483, 1489, 1522, 1523, and 1524 of this title, section 1546
of Title 18, Crimes and Criminal Procedure, section 1091 of Title
20, Education, and section 4195 of Title 22, Foreign Relations and
Intercourse, enacting provisions set out as notes under this
section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356,
1401, 1409, 1451, 1481, and 1522 of this title and section 4195 of
Title 22, amending provisions set out as notes under this section
and sections 1153, 1182, 1188, and 1255a of this title and section
1802 of Title 29, Labor, and repealing provisions set out as a note
under section 1255a of this title) may be cited as the 'Immigration
Technical Corrections Act of 1988'.''
SHORT TITLE OF 1986 AMENDMENTS
Section 1(a) of Pub. L. 99-653, as amended by Pub. L. 100-525,
Sec. 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided that: ''this
Act (amending this section, sections 1152, 1182, 1201, 1202, 1228,
1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481,
and 1483 of this title, and section 4195 of Title 22, Foreign
Relations and Intercourse, and repealing section 1201a of this
title and provisions set out as notes under section 1153 of this
title) may be cited as the 'Immigration and Nationality Act
Amendments of 1986'.''
Pub. L. 99-639, Sec. 1, Nov. 10, 1986, 100 Stat. 3537, provided
that: ''This Act (enacting section 1186a of this title, amending
sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and
enacting provisions set out as notes under sections 1154, 1182,
1184, and 1255 of this title) may be cited as the 'Immigration
Marriage Fraud Amendments of 1986'.''
Pub. L. 99-605, Sec. 1(a), Nov. 6, 1986, 100 Stat. 3449, provided
that: ''This Act (amending sections 1522 to 1524 of this title and
enacting provisions set out as notes under section 1522 of this
title) may be cited as the 'Refugee Assistance Extension Act of
1986'.''
Section 1(a) of Pub. L. 99-603 provided that: ''This Act
(enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b,
1364, and 1365 of this title and section 1437r of Title 42, The
Public Health and Welfare, amending this section, sections 1152,
1184, 1251, 1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of
this title, section 2025 of Title 7, Agriculture, section 1546 of
Title 18, Crimes and Criminal Procedure, sections 1091 and 1096 of
Title 20, Education, sections 1802, 1813, and 1851 of Title 29,
Labor, and sections 303, 502, 602, 603, 672, 673, 1203, 1320b-7,
1353, 1396b, and 1436a of Title 42, repealing section 1816 of Title
29, enacting provisions set out as notes under this section and
sections 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a,
and 1324b of this title, section 1802 of Title 29, and sections
405, 502, and 1320b-7 of Title 42, and amending provisions set out
as notes under this section and section 1383 of Title 42) may be
cited as the 'Immigration Reform and Control Act of 1986'.''
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97-363, Sec. 1, Oct. 25, 1982, 96 Stat. 1734, provided
that: ''This Act (amending sections 1522, 1523, and 1524 of this
title and enacting provisions set out as a note under section 1522
of this title) may be cited as the 'Refugee Assistance Amendments
of 1982'.''
SHORT TITLE OF 1981 AMENDMENT
Section 1(a) of Pub. L. 97-116 provided that: ''this Act
(amending this section, sections 1105a, 1151, 1152, 1154, 1182,
1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258,
1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433, 1439,
1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483 of this
title, and section 1429 of Title 18, Crimes and Criminal Procedure,
enacting provisions set out as notes under this section and
sections 1151 and 1182 of this title, amending a provision set out
as a note under this section, and repealing a provision set out as
a note under section 1182 of this title) may be cited as the
'Immigration and Nationality Act Amendments of 1981'.''
SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96-212 provided: ''That this Act (enacting
sections 1157 to 1159 and 1521 to 1525 of this title, amending this
section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this
title, and section 2601 of Title 22, Foreign Relations and
Intercourse, enacting provision set out as notes under this section
and sections 1153, 1157, 1158, 1521, and 1522 of this title,
amending provisions set out as notes under sections 1182 and 1255
of this title, and repealing provisions set out as a note under
section 2601 of Title 22) may be cited as the 'Refugee Act of
1980'.''
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94-571 provided: ''That this Act (amending
this section and sections 1151, 1152 to 1154, 1181, 1182, 1251,
1254, and 1255 of this title and enacting provisions set out as
notes under this section and sections 1153 and 1255 of this title)
may be cited as the 'Immigration and Nationality Act Amendments of
1976'.''
SHORT TITLE
Section 1 of act June 27, 1952, provided that such act, enacting
this chapter, section 1429 of Title 18, Crimes and Criminal
Procedure, amending sections 1353a, 1353d, 1552 of this title,
sections 342b, 342c, 342e of former Title 5, Executive Departments
and Government Officers and Employees, sections 1114, 1546 of Title
18, sections 618, 1446 of Title 22, Foreign Relations and
Intercourse, sections 1, 177 of former Title 49, Transportation,
sections 1952 to 1955 and 1961 of Title 50 App., War and National
Defense, repealing section 530 of former Title 31, Money and
Finance, enacting provisions set out as notes under this section
and amending provisions set out as notes under sections 1435 and
1440 of this title, may be cited as the ''Immigration and
Nationality Act''.
REPEAL AND REVIVAL
Section 8(b) of Pub. L. 100-525 provided that: ''Section 3 of
INAA (Pub. L. 99-653, repealing subsec. (c)(1) of this section) is
repealed and the language stricken by such section is revived as of
November 14, 1986.''
REPEALS
Section 403(b) of act June 27, 1952, provided that: ''Except as
otherwise provided in section 405 (set out below), all other laws,
or parts of laws, in conflict or inconsistent with this Act (this
chapter) are, to the extent of such conflict or inconsistency,
repealed.''
REGULATIONS
Section 303(a)(8) of Pub. L. 102-232 provided that: ''The
Secretary of Labor shall issue final or interim final regulations
to implement the changes made by this section to section
101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n)) no later
than January 2, 1992.''
Pub. L. 102-140, title VI, Sec. 610, Oct. 28, 1991, 105 Stat.
832, as amended by Pub. L. 103-416, title II, Sec. 219(l)(2), Oct.
25, 1994, 108 Stat. 4317, provided that:
''(a) The Attorney General shall prescribe regulations under
title 5, United States Code, to carry out section 404(b)(1) of the
Immigration and Nationality Act (act June 27, 1952, as amended, set
out as a note above), including a delineation of (1) scenarios that
constitute an immigration emergency, (2) the process by which the
President declares an immigration emergency, (3) the role of the
Governor and local officials in requesting a declaration of
emergency, (4) a definition of 'assistance as required by the
Attorney General', and (5) the process by which States and
localities are to be reimbursed.
''(b) The Attorney General shall prescribe regulations under
title 5, United States Code, to carry out section 404(b)(2) of such
Act, including providing a definition of the terms in section
404(b)(2)(A)(ii) and a delineation of 'in any other circumstances'
in section 404(b)(2)(A)(iii) of such Act.
''(c) The regulations under this section shall be published for
comment not later than 30 days after the date of enactment of this
Act (Oct. 28, 1991) and issued in final form not later than 15 days
after the end of the comment period.''
SAVINGS CLAUSE
Section 405 of act June 27, 1952, provided in part that:
''(a) Nothing contained in this Act (this chapter), unless
otherwise specifically provided therein, shall be construed to
affect the validity of any declaration of intention, petition for
naturalization, certificate of naturalization, certificate of
citizenship, warrant of arrest, order or warrant of deportation,
order of exclusion, or other document or proceeding which shall be
valid at the time this Act (this chapter) shall take effect; or to
affect any prosecution, suit, action, or proceedings, civil or
criminal, brought, or any status, condition, right in process of
acquisition, act, thing, liability, obligation, or matter, civil or
criminal done or existing, at the time this Act (this chapter)
shall take effect; but as to all such prosecutions, suits, actions,
proceedings, statutes, conditions, rights, acts, things,
liabilities, obligations, or matters the statutes or parts of
statutes repealed by this Act (this chapter) are, unless otherwise
specifically provided therein, hereby continued in force and
effect. When an immigrant, in possession of an unexpired immigrant
visa issued prior to the effective date of this Act (this chapter),
makes application for admission, his admissibility shall be
determined under the provisions of law in effect on the date of the
issuance of such visa. An application for suspension of
deportation under section 19 of the Immigration Act of 1917, as
amended (former section 155 of this title), or for adjustment of
status under section 4 of the Displaced Persons Act of 1948, as
amended (former section 1953 of Appendix to Title 50), which is
pending on the date of enactment of this Act (June 27, 1952), shall
be regarded as a proceeding within the meaning of this subsection.
''(b) Except as otherwise specifically provided in title III
(subchapter III of this chapter), any petition for naturalization
heretofore filed which may be pending at the time this Act (this
chapter) shall take effect shall be heard and determined in
accordance with the requirements of law in effect when such
petition was filed.
''(c) Except as otherwise specifically provided in this Act (this
chapter), the repeal of any statute by this Act (this chapter)
shall not terminate nationality heretofore lawfully acquired nor
restore nationality heretofore lost under any law of the United
States or any treaty to which the United States may have been a
party.
''(d) Except as otherwise specifically provided in this Act (this
chapter), or any amendment thereto, fees, charges and prices for
purposes specified in title V of the Independent Offices
Appropriation Act, 1952 (Public Law 137, Eighty-second Congress,
approved August 31, 1951), may be fixed and established in the
manner and by the head of any Federal Agency as specified in that
Act.
''(e) This Act (this chapter) shall not be construed to repeal,
alter, or amend section 231(a) of the Act of April 30, 1946 (60
Stat. 148; (section 1281(a) of title 22)), the Act of June 20, 1949
(Public Law 110, section 8, Eighty-first Congress, first session;
63 Stat. 208 (section 403h of title 50)), the Act of June 5, 1950
(Public Law 535, Eighty-first Congress, second session (former
section 1501 et seq. of title 22)), nor title V of the Agricultural
Act of 1949, as amended (Public Law 78, Eighty-second Congress,
first session (former sections 1461 to 1468 of title 7)).''
SEPARABILITY
Section 1(e) of div. C of Pub. L. 104-208 provided that: ''If
any provision of this division (see Tables for classification) or
the application of such provision to any person or circumstances is
held to be unconstitutional, the remainder of this division and the
application of the provisions of this division to any person or
circumstance shall not be affected thereby.''
Section 406 of act June 27, 1952, provided that: ''If any
particular provision of this Act (this chapter), or the application
thereof to any person or circumstance, is held invalid, the
remainder of the Act (this chapter) and the application of such
provision to other persons or circumstances shall not be affected
thereby.''
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment of this section by Pub. L. 85-508 as
dependent on admission of State of Alaska into the Union, see
section 8(b) of Pub. L. 85-508, set out as a note preceding section
21 of Title 48, Territories and Insular Possessions.
ADMISSION OF HAWAII AS STATE
Admission of Hawaii into the Union was accomplished Aug. 21,
1959, on issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868,
73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,
Mar. 18, 1959, 73 Stat. 4, set out as notes preceding former
section 491 of Title 48, Territories and Insular Possessions.
APPROPRIATIONS
Section 404 of act June 27, 1952, as amended by acts Dec. 29,
1981, Pub. L. 97-116, Sec. 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub.
L. 99-603, title I, Sec. 113, 100 Stat. 3383; Nov. 29, 1990, Pub.
L. 101-649, title VII, Sec. 705(a), 104 Stat. 5087; Dec. 12, 1991,
Pub. L. 102-232, title III, Sec. 308(d), 105 Stat. 1757, provided
that:
''(a) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act (this chapter)
(other than chapter 2 of title IV) (subchapter IV of this chapter).
''(b)(1) There are authorized to be appropriated (for fiscal year
1991 and any subsequent fiscal year) to an immigration emergency
fund, to be established in the Treasury, an amount sufficient to
provide for a balance of $35,000,000 in such fund, to be used to
carry out paragraph (2) and to provide for an increase in border
patrol or other enforcement activities of the Service and for
reimbursement of State and localities in providing assistance as
requested by the Attorney General in meeting an immigration
emergency, except that no amounts may be withdrawn from such fund
with respect to an emergency unless the President has determined
that the immigration emergency exists and has certified such fact
to the Judiciary Committees of the House of Representatives and of
the Senate.
''(2)(A) Funds which are authorized to be appropriated by
paragraph (1), subject to the dollar limitation contained in
subparagraph (B), shall be available, by application for the
reimbursement of States and localities providing assistance as
required by the Attorney General, to States and localities whenever
-
''(i) a district director of the Service certifies to the
Commissioner that the number of asylum applications filed in the
respective district during a calendar quarter exceeds by at least
1,000 the number of such applications filed in that district
during the preceding calendar quarter,
''(ii) the lives, property, safety, or welfare of the residents
of a State or locality are endangered, or
''(iii) in any other circumstances as determined by the
Attorney General.
In applying clause (i), the providing of parole at a point of entry
in a district shall be deemed to constitute an application for
asylum in the district.
''(B) Not more than $20,000,000 shall be made available for all
localities under this paragraph.
''(C) For purposes of subparagraph (A), the requirement of
paragraph (1) that an immigration emergency be determined shall not
apply.
''(D) A decision with respect to an application for reimbursement
under subparagraph (A) shall be made by the Attorney General within
15 days after the date of receipt of the application.''
(Section 705(b) of Pub. L. 101-649 provided that: ''Section
404(b)(2)(A)(i) of the Immigration and Nationality Act (act June
27, 1952, set out above), as added by the amendment made by
subsection (a)(5), shall apply with respect to increases in the
number of asylum applications filed in a calendar quarter beginning
on or after January 1, 1989. The Attorney General may not spend any
amounts from the immigration emergency fund pursuant to the
amendments made by subsection (a) (amending section 404 of act June
27, 1952, set out above) before October 1, 1991.'')
(Determination of President of the United States, No. 97-16, Feb.
12, 1997, 62 F.R. 13981, provided that immigration emergency
determined by President in 1995 to exist with respect to smuggling
into United States of illegal aliens persisted and directed use of
Immigration Emergency Fund established by section 404(b)(1) of act
June 27, 1952, set out above.
(Prior determination was contained in the following:
(Determination of President of the United States, No. 95-49,
Sept. 28, 1995, 60 F.R. 53677.)
PHILIPPINE TRADERS AS NONIMMIGRANTS
Philippine traders classifiable as nonimmigrants under subsec.
(a)(15)(E) of this section, see section 1184a of this title.
IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM
Pub. L. 105-319, Oct. 30, 1998, 112 Stat. 3013, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Irish Peace Process Cultural and
Training Program Act of 1998'.
''SEC. 2. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM.
''(a) Purpose. -
''(1) In general. - The Secretary of State and the Attorney
General shall establish a program to allow young people from
disadvantaged areas of designated counties suffering from
sectarian violence and high structural unemployment to enter the
United States for the purpose of developing job skills and
conflict resolution abilities in a diverse, cooperative,
peaceful, and prosperous environment, so that those young people
can return to their homes better able to contribute toward
economic regeneration and the Irish peace process. The program
shall promote cross-community and cross-border initiatives to
build grassroots support for long-term peaceful coexistence. The
Secretary of State and the Attorney General shall cooperate with
nongovernmental organizations to assist those admitted to
participate fully in the economic, social, and cultural life of
the United States.
''(2) Scope and duration of program. -
''(A) In general. - The program under paragraph (1) shall
provide for the admission of not more than 4,000 aliens under
section 101(a)(15)(Q)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(Q)(ii)) (including spouses and minor
children) in each of 3 consecutive program years.
''(B) Offset in number of h-2b nonimmigrant admissions
allowed. - Notwithstanding any other provision of law, for each
alien so admitted in a fiscal year, the numerical limitation
specified under section 214(g)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(B)) shall be reduced by 1
for that fiscal year or the subsequent fiscal year.
''(3) Records and report. - The Immigration and Naturalization
Service shall maintain records of the nonimmigrant status and
place of residence of each alien admitted under the program. Not
later than 120 days after the end of the third program year and
for the 3 subsequent years, the Immigration and Naturalization
Service shall compile and submit to the Congress a report on the
number of aliens admitted with nonimmigrant status under section
101(a)(15)(Q)(ii) (8 U.S.C. 1101(a)(15)(Q)(ii)) who have
overstayed their visas.
''(4) Designated counties defined. - For the purposes of this
Act, the term 'designated counties' means the six counties of
Northern Ireland and the counties of Louth, Monaghan, Cavan,
Leitrim, Sligo, and Donegal within the Republic of Ireland.
''(b) Temporary Nonimmigrant Visa. - (Amended this section.)
''(c) Authorization of Appropriations. - There are authorized to
be appropriated for each fiscal year such sums as may be necessary
to carry out the purposes of this section. Amounts appropriated
pursuant to this subsection are authorized to be available until
expended.
''(d) Sunset. -
''(1) Effective October 1, 2005, the Irish Peace Process
Cultural and Training Program Act of 1998 is repealed.
''(2) Effective October 1, 2005, section 101(a)(15)(Q) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is
amended -
''(A) by striking 'or' at the end of clause (i);
''(B) by striking '(i)' after '(Q)'; and
''(C) by striking clause (ii).''
COORDINATION OF AMENDMENTS BY PUB. L. 104-208
Section 1(b) of div. C of Pub. L. 104-208 provided that:
''Except as otherwise specifically provided -
''(1) whenever in this division (see Tables for classification)
an amendment or repeal is expressed as the amendment or repeal of
a section or other provision, the reference shall be considered
to be made to that section or provision in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
''(2) amendments to a section or other provision are to such
section or other provision before any amendment made to such
section or other provision elsewhere in this division.''
APPLICABILITY OF TITLE V OF DIVISION C OF PUB. L. 104-208 TO
FOREIGN ASSISTANCE
Section 592 of title V of div. C of Pub. L. 104-208 provided
that: ''This title (see Effective Date of 1996 Amendment note
above) does not apply to any Federal, State, or local governmental
program, assistance, or benefits provided to an alien under any
program of foreign assistance as determined by the Secretary of
State in consultation with the Attorney General.''
NOTIFICATION TO PUBLIC AND PROGRAM RECIPIENTS OF CHANGES REGARDING
ELIGIBILITY FOR PROGRAMS
Section 593 of title V of div. C of Pub. L. 104-208 provided
that:
''(a) In General. - Each agency of the Federal Government or a
State or political subdivision that administers a program affected
by the provisions of this title (see Effective Date of 1996
Amendment note above), shall, directly or through the States,
provide general notification to the public and to program
recipients of the changes regarding eligibility for any such
program pursuant to this title.
''(b) Failure To Give Notice. - Nothing in this section shall be
construed to require or authorize continuation of eligibility if
the notice under this section is not provided.''
REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM DUE TO
PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS
Section 601(a)(2) of div. C of Pub. L. 104-208 provided that:
''Not later than 90 days after the end of each fiscal year, the
Attorney General shall submit a report to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate describing the number and countries of
origin of aliens granted refugee status or asylum under
determinations pursuant to the amendment made by paragraph (1)
(amending this section). Each such report shall also contain
projections regarding the number and countries of origin of aliens
that are likely to be granted refugee status or asylum for the
subsequent 2 fiscal years.''
SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; REQUIREMENTS
FOR NOTICE
Section 648 of div. C of Pub. L. 104-208 provided that:
''(a) Purchase of American-Made Equipment and Products. - It is
the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available
under this division (see Tables for classification) should be
American-made.
''(b) Notice to Recipients of Grants. - In providing grants under
this division, the Attorney General, to the greatest extent
practicable, shall provide to each recipient of a grant a notice
describing the statement made in subsection (a) by the Congress.''
IMPROVING BORDER CONTROLS
Section 130006 of Pub. L. 103-322 provided that:
''(a) Authorization of Appropriations. - There are authorized to
be appropriated for the Immigration and Naturalization Service to
increase the resources for the Border Patrol, the Inspections
Program, and the Deportation Branch to apprehend illegal aliens who
attempt clandestine entry into the United States or entry into the
United States with fraudulent documents or who remain in the
country after their nonimmigrant visas expire -
''(1) $228,000,000 for fiscal year 1995;
''(2) $185,000,000 for fiscal year 1996;
''(3) $204,000,000 for fiscal year 1997; and
''(4) $58,000,000 for fiscal year 1998.
''Of the sums authorized in this section, all necessary funds
shall, subject to the availability of appropriations, be allocated
to increase the number of agent positions (and necessary support
personnel positions) in the Border Patrol by not less than 1,000
full-time equivalent positions in each of fiscal years 1995, 1996,
1997, and 1998 beyond the number funded as of October 1, 1994.
''(b) Report. - By September 30, 1996 and September 30, 1998, the
Attorney General shall report to the Congress on the programs
described in this section. The report shall include an evaluation
of the programs, an outcome-based measurement of performance, and
an analysis of the cost effectiveness of the additional resources
provided under this Act (see Tables for classification).''
VISAS FOR OFFICIALS OF TAIWAN
Section 221 of Pub. L. 103-416, as amended by Pub. L. 104-208,
div. C, title III, Sec. 308(d)(3)(E), title VI, Sec. 671(b)(12),
Sept. 30, 1996, 110 Stat. 3009-617, 3009-722, provided that:
''Whenever the President of Taiwan or any other high-level official
of Taiwan shall apply to visit the United States for the purposes
of discussions with United States Federal or State government
officials concerning -
''(1) trade or business with Taiwan that will reduce the United
States-Taiwan trade deficit,
''(2) prevention of nuclear proliferation,
''(3) threats to the national security of the United States,
''(4) the protection of the global environment,
''(5) the protection of endangered species, or
''(6) regional humanitarian disasters,
the official shall be admitted to the United States, unless the
official is otherwise inadmissible under the immigration laws of
the United States.''
CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS
Section 225 of Pub. L. 103-416, as amended by Pub. L. 104-132,
title IV, Sec. 436(b)(2), Apr. 24, 1996, 110 Stat. 1275; Pub. L.
104-208, div. C, title III, Sec. 308(c)(4)(B), Sept. 30, 1996, 110
Stat. 3009-616, provided that: ''No amendment made by this Act (see
Tables for classification) shall be construed to create any
substantive or procedural right or benefit that is legally
enforceable by any party against the United States or its agencies
or officers or any other person.''
(Amendment by Pub. L. 104-132 effective as if included in
enactment of Pub. L. 103-416, see section 436(b)(3) of Pub. L.
104-132 set out as an Effective Date of 1996 Amendment note under
section 1252 of this title.)
REPORT ON ADMISSION OF CERTAIN NONIMMIGRANTS
Section 202(b) of Pub. L. 102-232 directed Comptroller General,
by not later than Oct. 1, 1994, to submit to Committees on the
Judiciary of Senate and of House of Representatives a report
containing information relating to the admission of artists,
entertainers, athletes, and related support personnel as
nonimmigrants under 8 U.S.C. 1101(a)(15)(O), (P), and information
on the laws, regulations, and practices in effect in other
countries that affect United States citizens and permanent resident
aliens in the arts, entertainment, and athletics, in order to
evaluate the impact of such admissions, laws, regulations, and
practices on such citizens and aliens, directed Chairman of the
Committee on the Judiciary of Senate to make the report available
to interested parties and to hold a hearing respecting the report
and directed such Committee to report to Senate its findings and
any legislation it deems appropriate.
DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF PROVISIONS RELATING
TO NONIMMIGRANT ARTISTS, ATHLETES, ENTERTAINERS, AND FASHION MODELS
Section 3 of Pub. L. 102-110 provided that: ''Section
214(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(C)) shall not apply to the issuance of visas or
provision of status before April 1, 1992. Aliens seeking
nonimmigrant admission as artists, athletes, entertainers, or
fashion models (or for the purpose of accompanying or assisting in
an artistic or athletic performance) before April 1, 1992, shall
not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or
(P)(iii) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)),
but may be admitted under the terms of subparagraph (H)(i)(b) of
such section (as in effect on September 30, 1991).''
COMMISSION ON IMMIGRATION REFORM
Section 141 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(c)(1), Dec. 12, 1991, 105 Stat. 1744, provided
that:
''(a) Establishment and Composition of Commission. - (1)
Effective October 1, 1991, there is established a Commission on
Immigration Reform (in this section referred to as the
'Commission') which shall be composed of 9 members to be appointed
as follows:
''(A) One member who shall serve as Chairman, to be appointed
by the President.
''(B) Two members to be appointed by the Speaker of the House
of Representatives who shall select such members from a list of
nominees provided by the Chairman of the Committee on the
Judiciary of the House of Representatives.
''(C) Two members to be appointed by the Minority Leader of the
House of Representatives who shall select such members from a
list of nominees provided by the ranking minority member of the
Subcommittee on Immigration, Refugees, and International Law of
the Committee on the Judiciary of the House of Representatives.
''(D) Two members to be appointed by the Majority Leader of the
Senate who shall select such members from a list of nominees
provided by the Chairman of the Subcommittee on Immigration and
Refugee Affairs of the Committee on the Judiciary of the Senate.
''(E) Two members to be appointed by the Minority Leader of the
Senate who shall select such members from a list of nominees
provided by the ranking minority member of the Subcommittee on
Immigration and Refugee Affairs of the Committee on the Judiciary
of the Senate.
''(2) Initial appointments to the Commission shall be made during
the 45-day period beginning on October 1, 1991. A vacancy in the
Commission shall be filled in the same manner in which the original
appointment was made.
''(3) Members shall be appointed to serve for the life of the
Commission, except that the term of the member described in
paragraph (1)(A) shall expire at noon on January 20, 1993, and the
President shall appoint an individual to serve for the remaining
life of the Commission.
''(b) Functions of Commission. - The Commission shall -
''(1) review and evaluate the impact of this Act and the
amendments made by this Act (see Tables for classification), in
accordance with subsection (c); and
''(2) transmit to the Congress -
''(A) not later than September 30, 1994, a first report
describing the progress made in carrying out paragraph (1), and
''(B) not later than September 30, 1997, a final report
setting forth the Commission's findings and recommendations,
including such recommendations for additional changes that
should be made with respect to legal immigration into the
United States as the Commission deems appropriate.
''(c) Considerations. -
''(1) Particular considerations. - In particular, the
Commission shall consider the following:
''(A) The requirements of citizens of the United States and
of aliens lawfully admitted for permanent residence to be
joined in the United States by immediate family members and the
impact which the establishment of a national level of
immigration has upon the availability and priority of family
preference visas.
''(B) The impact of immigration and the implementation of the
employment-based and diversity programs on labor needs,
employment, and other economic and domestic conditions in the
United States.
''(C) The social, demographic, and natural resources impact
of immigration.
''(D) The impact of immigration on the foreign policy and
national security interests of the United States.
''(E) The impact of per country immigration levels on
family-sponsored immigration.
''(F) The impact of the numerical limitation on the
adjustment of status of aliens granted asylum.
''(G) The impact of the numerical limitations on the
admission of nonimmigrants under section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)).
''(2) Diversity program. - The Commission shall analyze the
information maintained under section 203(c)(3) of the Immigration
and Nationality Act (8 U.S.C. 1153(c)(3)) and shall report to
Congress in its report under subsection (b)(2) on -
''(A) the characteristics of individuals admitted under
section 203(c) of the Immigration and Nationality Act, and
''(B) how such characteristics compare to the characteristics
of family-sponsored immigrants and employment-based immigrants.
The Commission shall include in the report an assessment of the
effect of the requirement of paragraph (2) of section 203(c) of
the Immigration and Nationality Act on the diversity,
educational, and skill level of aliens admitted.
''(d) Compensation of Members. - (1) Each member of the
Commission who is not an officer or employee of the Federal
Government is entitled to receive, subject to such amounts as are
provided in advance in appropriations Acts, pay at the daily
equivalent of the minimum annual rate of basic pay in effect for
grade GS-18 of the General Schedule. Each member of the Commission
who is such an officer or employee shall serve without additional
pay.
''(2) While away from their homes or regular places of business
in the performance of services for the Commission, members of the
Commission shall be allowed travel expenses, including per diem in
lieu of subsistence.
''(e) Meetings, Staff, and Authority of Commission. - The
provisions of subsections (e) through (g) of section 304 of the
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out
as a note under section 1160 of this title) shall apply to the
Commission in the same manner as they apply to the Commission
established under such section, except that paragraph (2) of
subsection (e) thereof shall not apply.
''(f) Authorization of Appropriations. - (1) There are authorized
to be appropriated to the Commission such sums as may be necessary
to carry out this section.
''(2) Notwithstanding any other provision of this section, the
authority to make payments, or to enter into contracts, under this
section shall be effective only to such extent, or in such amounts,
as are provided in advance in appropriations Acts.
''(g) Termination Date. - The Commission shall terminate on the
date on which a final report is required to be transmitted under
subsection (b)(2)(B), except that the Commission may continue to
function until January 1, 1998, for the purpose of concluding its
activities, including providing testimony to standing committees of
Congress concerning its final report under this section and
disseminating that report.
''(h) Congressional Response. - (1) No later than 90 days after
the date of receipt of each report transmitted under subsection
(b)(2), the Committees on the Judiciary of the House of
Representatives and of the Senate shall initiate hearings to
consider the findings and recommendations of the report.
''(2) No later than 180 days after the date of receipt of such a
report, each such Committee shall report to its respective House
its oversight findings and any legislation it deems appropriate.
''(i) Presidential Report. - The President shall conduct a review
and evaluation and provide for the transmittal of reports to the
Congress in the same manner as the Commission is required to
conduct a review and evaluation and to transmit reports under
subsection (b).''
(References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.)
SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT UNITED
STATES MISSION IN HONG KONG (D SPECIAL IMMIGRANTS)
Section 152 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(d)(1), Dec. 12, 1991, 105 Stat. 1744, provided
that:
''(a) In General. - Subject to subsection (c), an alien described
in subsection (b) shall be treated as a special immigrant described
in section 101(a)(27)(D) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(D)).
''(b) Aliens Covered. - An alien is described in this subsection
if -
''(1) the alien is -
''(A) an employee at the United States consulate in Hong Kong
under the authority of the Chief of Mission (including
employment pursuant to section 5913 of title 5, United States
Code) and has performed faithful service as such an employee
for a total of three years or more, or
''(B) a member of the immediate family (as defined in 6
Foreign Affairs Manual 117k as of the date of the enactment of
this Act (Nov. 29, 1990)) of an employee described in
subparagraph (A) who has been living with the employee in the
same household;
''(2) the welfare of the employee or such an immediate family
member is subject to a clear threat due directly to the
employee's employment with the United States Government or under
a United States Government official; and
''(3) the principal officer in Hong Kong, in the officer's
discretion, has recommended the granting of special immigrant
status to such alien in exceptional circumstances and the
Secretary of State approves such recommendation and finds that it
is in the national interest to grant such status.
''(c) Expiration. - Subsection (a) shall only apply to aliens who
file an application for special immigrant status under this section
by not later than January 1, 2002.
''(d) Limited Waiver of Numerical Limitations. - The first 500
visas made available to aliens as special immigrants under this
section shall not be counted against any numerical limitation
established under section 201 or 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 or 1152).''
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649
Amendment by section 203(c) of Pub. L. 101-649 not to affect
performance of longshore work in United States by citizens or
nationals of United States, see section 203(a)(2) of Pub. L.
101-649, set out as a note under section 1288 of this title.
APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN STATES
Section 204(b) of Pub. L. 101-649 provided that: ''Each of the
following foreign states shall be considered, for purposes of
section 101(a)(15)(E) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(E)), to be a foreign state described in such
section if the foreign state extends reciprocal nonimmigrant
treatment to nationals of the United States:
''(1) The largest foreign state in each region (as defined in
section 203(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1153(c)(1))) which (A) has 1 or more dependent areas (as
determined for purposes of section 202 of such Act (8 U.S.C.
1152)) and (B) does not have a treaty of commerce and navigation
with the United States.
''(2) The foreign state which (A) was identified as an
adversely affected foreign state for purposes of section 314 of
the Immigration Reform and Control Act of 1986 (Pub. L. 99-603,
set out as a note under section 1153 of this title) and (B) does
not have a treaty of commerce and navigation with the United
States, but (C) had such a treaty with the United States before
1925.''
CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING
FIRMS
Section 206(a) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(a)(9), Dec. 12, 1991, 105 Stat. 1748, provided
that: ''In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L),
1153(b)(1)(C)) and section 124(a)(3)(A) of this Act (set out as a
note under section 1153 of this title), in the case of a
partnership that is organized in the United States to provide
accounting services and that markets its accounting services under
an internationally recognized name under an agreement with a
worldwide coordinating organization that is owned and controlled by
the member accounting firms, a partnership (or similar
organization) that is organized outside the United States to
provide accounting services shall be considered to be an affiliate
of the United States partnership if it markets its accounting
services under the same internationally recognized name under the
agreement with the worldwide coordinating organization of which the
United States partnership is also a member.''
ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT,
AND COPRODUCTION PROJECTS
Section 222 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(b)(3), Dec. 12, 1991, 105 Stat. 1748, provided
that:
''(a) In General. - Subject to subsection (b), the Attorney
General shall provide for nonimmigrant status in the case of an
alien who -
''(1) has a residence in a foreign country which the alien has
no intention of abandoning, and
''(2) is coming to the United States, upon a basis of
reciprocity, to perform services of an exceptional nature
requiring such merit and ability relating to a cooperative
research and development project or a coproduction project
provided under a government-to-government agreement administered
by the Secretary of Defense, but not to exceed a period of more
than 10 years,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
''(b) Numerical Limitation. - The number of aliens who may be
admitted as (or otherwise be provided the status of) a nonimmigrant
under this section at any time may not exceed 100.''
ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE VISITOR PROGRAM
Section 223 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(b)(4), Dec. 12, 1991, 105 Stat. 1748, provided
that:
''(a) In General. - Subject to subsection (b), the Attorney
General shall provide for nonimmigrant status in the case of an
alien who -
''(1) has a residence in a foreign country which the alien has
no intention of abandoning, and
''(2) is coming temporarily to the United States (for a period
not to exceed 18 months) as a participant in a special education
training program which provides for practical training and
experience in the education of children with physical, mental, or
emotional disabilities,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
''(b) Numerical Limitation. - The number of aliens who may be
admitted as (or otherwise be provided the status of) a nonimmigrant
under this section in any fiscal year may not exceed 50.''
EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN NONIMMIGRANTS
EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND
COPRODUCTION PROJECTS
Pub. L. 101-189, div. A, title IX, Sec. 937, Nov. 29, 1989, 103
Stat. 1538, provided that: ''The Attorney General shall provide for
the extension through December 31, 1991, of nonimmigrant status
under section 101(a)(15)(H)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(i)) for an alien to perform
temporarily services relating to a cooperative research and
development project or a coproduction project provided under a
government-to-government agreement administered by the Secretary of
Defense in the case of an alien who has had such status for a
period of at least five years if such status has not expired as of
the date of the enactment of this Act (Nov. 29, 1989) but would
otherwise expire during 1989, 1990, or 1991, due only to the time
limitations with respect to such status.''
EXTENSION OF H-1 STATUS FOR CERTAIN REGISTERED NURSES THROUGH
DECEMBER 31, 1989
Pub. L. 100-658, Sec. 4, Nov. 15, 1988, 102 Stat. 3909, provided
that: ''The Attorney General shall provide for the extension
through December 31, 1989, of nonimmigrant status under section
101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)) for an alien to perform temporarily services as
a registered nurse in the case of an alien who has had such status
for a period of at least 5 years if -
''(1) such status has not expired as of the date of the
enactment of this Act (Nov. 15, 1988) but would otherwise expire
during 1988 or 1989, due only to the time limitation with respect
to such status; or
''(2)(A) the alien's status as such a nonimmigrant expired
during the period beginning on January 1, 1987, and ending on the
date of the enactment of this Act, due only to the time
limitation with respect to such status,
''(B) the alien is present in the United States as of the date
of the enactment of this Act,
''(C) the alien has been employed as a registered nurse in the
United States since the date of expiration of such status, and
''(D) in the case of an alien whose status expired during 1987,
the alien's employer has filed with the Immigration and
Naturalization Service, before the date of the enactment of this
Act, an appeal of a petition filed in connection with the alien's
application for extension of such status.''
RESIDENCE WITHIN UNITED STATES CONTINUED DURING PERIOD OF ABSENCE
Section 2(o)(2) of Pub. L. 100-525 provided that: ''Only for
purposes of section 101(a)(27)(I) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(I)), an alien who is or was
an officer or employee of an international organization (or is the
unmarried son or daughter or surviving spouse of such an officer or
employee or former officer or employee) is considered to be
residing and physically present in the United States during a
period in which the alien is residing in the United States but is
absent from the United States because of the officer's or
employee's need to conduct official business on behalf of the
organization or because of customary leave, but only if during the
period of the absence the officer or employee continues to have a
duty station in the United States and, in the case of such an
unmarried son or daughter, the son or daughter is not enrolled in a
school outside the United States.''
NONIMMIGRANT TRADERS AND INVESTORS UNDER UNITED STATES-CANADA
FREE-TRADE AGREEMENT
For provisions allowing Canadian citizens to be classifiable as
nonimmigrants under subsec. (a)(15)(E) of this section upon a basis
of reciprocity secured by the United States-Canada Free-Trade
Agreement, see section 307(a) of Pub. L. 100-449, set out in a note
under section 2112 of Title 19, Customs Duties.
AMERASIAN IMMIGRATION
Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-15, as
amended by Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat.
1211; Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 228; Pub.
L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996, provided:
''That the provisions of subsection (c) of section 584 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988, as contained in section 101(e) of Public
Law 100-202 (set out below), shall apply to an individual who (1)
departs from Vietnam after the date of the enactment of this Act
(Oct. 1, 1988), and (2) is described in subsection (b) of such
section, but who is issued an immigrant visa under section 201(b)
or 203(a) of the Immigration and Nationality Act (8 U.S.C. 1151(b),
1153(a)) (rather than under subsection (a) of such section), or
would be described in subsection (b) of such section if such
section also applied to principal aliens who were citizens of the
United States (rather than merely to aliens)''.
Pub. L. 100-202, Sec. 101(e) (title V, Sec. 584), Dec. 22, 1987,
101 Stat. 1329-183, as amended by Pub. L. 101-167, title II, Nov.
21, 1989, 103 Stat. 1211; Pub. L. 101-513, title II, Nov. 5, 1990,
104 Stat. 1996; Pub. L. 101-649, title VI, Sec. 603(a)(20), Nov.
29, 1990, 104 Stat. 5084; Pub. L. 102-232, title III, Sec.
307(l)(8), Dec. 12, 1991, 105 Stat. 1757, provided that:
''(a)(1) Notwithstanding any numerical limitations specified in
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the
Attorney General may admit aliens described in subsection (b) to
the United States as immigrants if -
''(A) they are admissible (except as otherwise provided in
paragraph (2)) as immigrants, and
''(B) they are issued an immigrant visa and depart from Vietnam
on or after March 22, 1988.
''(2) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4), (5), and (7)(A)) shall not be applicable to any alien
seeking admission to the United States under this section, and the
Attorney General on the recommendation of a consular officer may
waive any other provision of such section (other than paragraph
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with
respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest. Any
such waiver by the Attorney General shall be in writing and shall
be granted only on an individual basis following an investigation
by a consular officer.
''(3) Notwithstanding section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), immigrant visas issued to
aliens under this section shall be valid for a period of one year.
''(b)(1) An alien described in this section is an alien who, as
of the date of the enactment of this Act (Dec. 22, 1987), is
residing in Vietnam and who establishes to the satisfaction of a
consular officer or an officer of the Immigration and
Naturalization Service after a face-to-face interview, that the
alien -
''(A)(i) was born in Vietnam after January 1, 1962, and before
January 1, 1976, and (ii) was fathered by a citizen of the United
States (such an alien in this section referred to as a 'principal
alien');
''(B) is the spouse or child of a principal alien and is
accompanying, or following to join, the principal alien; or
''(C) subject to paragraph (2), either (i) is the principal
alien's natural mother (or is the spouse or child of such
mother), or (ii) has acted in effect as the principal alien's
mother, father, or next-of-kin (or is the spouse or child of such
an alien), and is accompanying, or following to join, the
principal alien.
''(2) An immigrant visa may not be issued to an alien under
paragraph (1)(C) unless the officer referred to in paragraph (1)
has determined, in the officer's discretion, that (A) such an alien
has a bona fide relationship with the principal alien similar to
that which exists between close family members and (B) the
admission of such an alien is necessary for humanitarian purposes
or to assure family unity. If an alien described in paragraph
(1)(C)(ii) is admitted to the United States, the natural mother of
the principal alien involved shall not, thereafter, be accorded any
right, privilege, or status under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) by virtue of such parentage.
''(3) For purposes of this section, the term 'child' has the
meaning given such term in section 101(b)(1)(A), (B), (C), (D), and
(E) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)(A)-(E)).
''(c) Any alien admitted (or awaiting admission) to the United
States under this section shall be eligible for benefits under
chapter 2 of title IV of the Immigration and Nationality Act (8
U.S.C. 1521 et seq.) to the same extent as individuals admitted (or
awaiting admission) to the United States under section 207 of such
Act (8 U.S.C. 1157) are eligible for benefits under such chapter.
''(d) The Attorney General, in cooperation with the Secretary of
State, shall report to Congress 1 year, 2 years, and 3 years, after
the date of the enactment of this Act (Dec. 22, 1987) on the
implementation of this section. Each such report shall include the
number of aliens who are issued immigrant visas and who are
admitted to the United States under this section and number of
waivers granted under subsection (a)(2) and the reasons for
granting such waivers.
''(e) Except as otherwise specifically provided in this section,
the definitions contained in the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) shall apply in the administration of this
section and nothing contained in this section shall be held to
repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law
relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having
been lawfully admitted for permanent residence under this section
shall not preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.''
(Section 307(l)(8) of Pub. L. 102-232 provided that the amendment
made by that section to section 101(e) (title V, Sec. 584(a)(2)) of
Pub. L. 100-202, set out above, is effective as if included in
section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.)
(Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996,
provided that the amendment made by Pub. L. 101-513 to Pub. L.
100-202, Sec. 101(e) (title V, Sec. 584(b)(2)), set out above, is
effective Dec. 22, 1987.)
AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT AND SERVICE
ACTIVITIES OF IMMIGRATION AND NATURALIZATION SERVICE
Section 111 of Pub. L. 99-603 provided that:
''(a) Two Essential Elements. - It is the sense of Congress that
two essential elements of the program of immigration control
established by this Act (see Short Title of 1986 Amendments note
above) are -
''(1) an increase in the border patrol and other inspection and
enforcement activities of the Immigration and Naturalization
Service and of other appropriate Federal agencies in order to
prevent and deter the illegal entry of aliens into the United
States and the violation of the terms of their entry, and
''(2) an increase in examinations and other service activities
of the Immigration and Naturalization Service and other
appropriate Federal agencies in order to ensure prompt and
efficient adjudication of petitions and applications provided for
under the Immigration and Nationality Act (this chapter).
''(b) Increased Authorization of Appropriations for INS and EOIR.
- In addition to any other amounts authorized to be appropriated,
in order to carry out this Act there are authorized to be
appropriated to the Department of Justice -
''(1) for the Immigration and Naturalization Service, for
fiscal year 1987, $422,000,000, and for fiscal year 1988,
$419,000,000; and
''(2) for the Executive Office of Immigration Review, for
fiscal year 1987, $12,000,000, and for fiscal year 1988,
$15,000,000.
Of the amounts authorized to be appropriated under paragraph (1)
sufficient funds shall be available to provide for an increase in
the border patrol personnel of the Immigration and Naturalization
Service so that the average level of such personnel in each of
fiscal years 1987 and 1988 is at least 50 percent higher than such
level for fiscal year 1986.
''(c) Use of Funds for Improved Services. - Of the funds
appropriated to the Department of Justice for the Immigration and
Naturalization Service, the Attorney General shall provide for
improved immigration and naturalization services and for enhanced
community outreach and in-service training of personnel of the
Service. Such enhanced community outreach may include the
establishment of appropriate local community taskforces to improve
the working relationship between the Service and local community
groups and organizations (including employers and organizations
representing minorities).
''(d) Supplemental Authorization of Appropriations for Wage and
Hour Enforcement. - There are authorized to be appropriated, in
addition to such sums as may be available for such purposes, such
sums as may be necessary to the Department of Labor for enforcement
activities of the Wage and Hour Division and the Office of Federal
Contract Compliance Programs within the Employment Standards
Administration of the Department in order to deter the employment
of unauthorized aliens and remove the economic incentive for
employers to exploit and use such aliens.''
ELIGIBILITY OF H-2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL
ASSISTANCE
Section 305 of Pub. L. 99-603 provided that: ''A nonimmigrant
worker admitted to or permitted to remain in the United States
under section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricultural
labor or service shall be considered to be an alien described in
section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes
of establishing eligibility for legal assistance under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.), but only with
respect to legal assistance on matters relating to wages, housing,
transportation, and other employment rights as provided in the
worker's specific contract under which the nonimmigrant was
admitted.''
DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE OF STRIKES
Section 315(d) of Pub. L. 99-603 provided that:
''(1) Except as provided in paragraph (2), during the one-year
period beginning on the date of the enactment of this Act (Nov. 6,
1986), an alien may not be admitted to the United States as an
alien crewman (under section 101(a)(15)(D) of the Immigration and
Nationality Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of
performing service on board a vessel or aircraft at a time when
there is a strike in the bargaining unit of the employer in which
the alien intends to perform such service.
''(2) Paragraph (1) shall not apply to an alien employee who was
employed before the date of the strike concerned and who is seeking
admission to enter the United States to continue to perform
services as a crewman to the same extent and on the same routes as
the alien performed such services before the date of the strike.''
SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO
Section 407 of Pub. L. 99-603 provided that: ''It is the sense of
the Congress that the President of the United States should consult
with the President of the Republic of Mexico within 90 days after
enactment of this Act (Nov. 6, 1986) regarding the implementation
of this Act (see Short Title of 1986 Amendments note above) and its
possible effect on the United States or Mexico. After the
consultation, it is the sense of the Congress that the President
should report to the Congress any legislative or administrative
changes that may be necessary as a result of the consultation and
the enactment of this legislation.''
COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE
ECONOMIC DEVELOPMENT
Section 601 of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 2(r), Oct. 24, 1988, 102 Stat. 2614, provided for
establishment, membership, etc., of a Commission for the Study of
International Migration and Cooperative Economic Development to
examine, in consultation with governments of Mexico and other
sending countries in Western Hemisphere, the conditions which
contribute to unauthorized migration to United States and mutually
beneficial reciprocal trade and investment programs to alleviate
conditions leading to such unauthorized migration and to report to
President and Congress, not later than 3 years after appointment of
members of Commission, on results of Commission's examination with
recommendations on providing mutually beneficial reciprocal trade
and investment programs to alleviate such unauthorized migration.
TREATMENT OF DEPARTURES FROM GUAM
Section 2 of Pub. L. 99-505 provided that: ''In the
administration of section 101(a)(15)(D)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)) (added by the
amendment made by section 1 of this Act), an alien crewman shall be
considered to have departed from Guam after leaving the territorial
waters of Guam, without regard to whether the alien arrives in a
foreign state before returning to Guam.''
ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT
Priv. L. 98-53, Oct. 30, 1984, 98 Stat. 3437, provided: ''That an
alien lawfully admitted to the United States for permanent
residence shall be considered, for purposes of section
101(a)(27)(A) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(A)), to be temporarily visiting abroad during any
period (before or after the date of the enactment of this Act (Oct.
30, 1984)) in which the alien is employed by the American
University of Beirut.''
STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR GRADUATE MEDICAL
EDUCATION OF ALIEN GRADUATES OF FOREIGN MEDICAL SCHOOLS; REPORT TO
CONGRESS NOT LATER THAN JANUARY 15, 1983
Section 5(e) of Pub. L. 97-116 provided that: ''The Secretary of
Health and Human Services, after consultation with the Attorney
General, the Secretary of State, and the Director of the
International Communication Agency, shall evaluate the
effectiveness and value to foreign nations and to the United States
of exchange programs for the graduate medical education or training
of aliens who are graduates of foreign medical schools, and shall
report to Congress, not later than January 15, 1983, on such
evaluation and include in such report such recommendations for
changes in legislation and regulations as may be appropriate.''
ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN
ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
Upon application during the one-year period beginning Sept. 30,
1982, by an alien who was inspected and admitted to the Virgin
Islands of the United States either as a nonimmigrant alien worker
under subsec. (a)(15)(H)(ii) of this section or as a spouse or
minor child of such worker, and has resided continuously in the
Virgin Islands since June 30, 1975, the Attorney General may adjust
the status of such nonimmigrant alien to that of an alien lawfully
admitted for permanent residence, provided certain conditions are
met, and such alien is not to be deported for failure to maintain
nonimmigrant status until final action is taken on the alien's
application for adjustment, see section 2(a), (b) of Pub. L.
97-271, set out as a note under section 1255 of this title.
LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN
ISLANDS
Notwithstanding any other provision of law, the Attorney General
not to be authorized, on or after Sept. 30, 1982, to approve any
petition filed under section 1184(c) of this title in the case of
importing any alien as a nonimmigrant under subsec. (a)(15)(H)(ii)
of this section for employment in the Virgin Islands of the United
States other than as an entertainer or as an athlete and for a
period not exceeding 45 days, see section 3 of Pub. L. 97-271, set
out as a note under section 1255 of this title.
LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS
Section 3201(c) of Pub. L. 96-70 provided that notwithstanding
any other provision of law, not more than 15,000 individuals could
be admitted to the United States as special immigrants under
subparagraphs (E), (F), and (G) of subsec. (a)(27) of this section,
of which not more than 5,000 could be admitted in any fiscal year,
prior to repeal by Pub. L. 103-416, title II, Sec. 212(a), Oct. 25,
1994, 108 Stat. 4314.
-EXEC-
EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH RESPECT TO NATIONALS
OF PEOPLE'S REPUBLIC OF CHINA
Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, the Attorney General and
the Secretary of State are hereby ordered to exercise their
authority, including that under the Immigration and Nationality Act
(8 U.S.C. 1101-1557), as follows:
Section 1. The Attorney General is directed to take any steps
necessary to defer until January 1, 1994, the enforced departure of
all nationals of the People's Republic of China (PRC) and their
dependents who were in the United States on or after June 5, 1989,
up to and including the date of this order (hereinafter ''such PRC
nationals'').
Sec. 2. The Secretary of State and the Attorney General are
directed to take all steps necessary with respect to such PRC
nationals (a) to waive through January 1, 1994, the requirement of
a valid passport and (b) to process and provide necessary
documents, both within the United States and at U.S. consulates
overseas, to facilitate travel across the borders of other nations
and reentry into the United States in the same status such PRC
nationals had upon departure.
Sec. 3. The Secretary of State and the Attorney General are
directed to provide the following protections:
(a) irrevocable waiver of the 2-year home country residence
requirement that may be exercised until January 1, 1994, for such
PRC nationals;
(b) maintenance of lawful status for purposes of adjustment of
status or change of nonimmigrant status for such PRC nationals who
were in lawful status at any time on or after June 5, 1989, up to
and including the date of this order;
(c) authorization for employment of such PRC nationals through
January 1, 1994; and
(d) notice of expiration of nonimmigrant status (if applicable)
rather than the institution of deportation proceedings, and
explanation of options available for such PRC nationals eligible
for deferral of enforced departure whose nonimmigrant status has
expired.
Sec. 4. The Secretary of State and the Attorney General are
directed to provide for enhanced consideration under the
immigration laws for individuals from any country who express a
fear of persecution upon return to their country related to that
country's policy of forced abortion or coerced sterilization, as
implemented by the Attorney General's regulation effective January
29, 1990.
Sec. 5. The Attorney General is directed to ensure that the
Immigration and Naturalization Service finalizes and makes public
its position on the issue of training for individuals in F-1 visa
status and on the issue of reinstatement into lawful nonimmigrant
status of such PRC nationals who have withdrawn their applications
for asylum.
Sec. 6. The Departments of Justice and State are directed to
consider other steps to assist such PRC nationals in their efforts
to utilize the protections that I have extended pursuant to this
order.
Sec. 7. This order shall be effective immediately.
George Bush.
DETERRING ILLEGAL IMMIGRATION
Memorandum of President of the United States, Feb. 7, 1995, 60
F.R. 7885, provided:
Memorandum for the Heads of Executive Departments and Agencies
It is a fundamental right and duty for a nation to protect the
integrity of its borders and its laws. This Administration shall
stand firm against illegal immigration and the continued abuse of
our immigration laws. By closing the back door to illegal
immigration, we will continue to open the front door to legal
immigrants.
My Administration has moved swiftly to reverse the course of a
decade of failed immigration policies. Our initiatives have
included increasing overall Border personnel by over 50 percent
since 1993. We also are strengthening worksite enforcement and work
authorization verification to deter employment of illegal aliens.
Asylum rules have been reformed to end abuse by those falsely
claiming asylum, while offering protection to those in genuine fear
of persecution. We are cracking down on smugglers of illegal
aliens and reforming criminal alien deportation for quicker
removal. And we are the first Administration to obtain funding to
reimburse States for a share of the costs of incarcerating criminal
illegal aliens.
While we already are doing more to stem the flow of illegal
immigration than has any previous Administration, more remains to
be done. In conjunction with the Administration's unprecedented
budget proposal to support immigration initiatives, this directive
provides a blueprint of policies and priorities for this
Administration's continuing work to curtail illegal immigration.
With its focus on strong border deterrence backed up by effective
worksite enforcement, removal of criminal and other deportable
aliens and assistance to states, this program protects the security
of our borders, our jobs and our communities for all Americans -
citizens and legal immigrants alike.
COMPREHENSIVE BORDER CONTROL STRATEGY
A. Deterring Illegal Immigration At Our Borders
I have directed the Attorney General to move expeditiously toward
full implementation of our comprehensive border control strategy,
including efforts at the southwest border. To support sustained
long-term strengthening of our deterrence capacity, the
Administration shall seek funding to add new Border Patrol agents
to reach the goal of at least 7,000 agents protecting our borders
by the year 2000.
Flexible Border Response Capacity
To further this strategy, the Department of Justice shall
implement the capacity to respond to emerging situations anywhere
along our national borders to deter buildups of illegal border
crossers, smuggling operations, or other developing problems.
Strategic Use of High Technology
Through the strategic use of sensors, night scopes, helicopters,
light planes, all-terrain vehicles, fingerprinting and automated
recordkeeping, we have freed many Border Patrol agents from long
hours of bureaucratic tasks and increased the effectiveness of
these highly-trained personnel. Because these tools are essential
for the Immigration and Naturalization Service (INS) to do its job,
I direct the Attorney General to accelerate to the greatest extent
possible their utilization and enhancement to support
implementation of our deterrence strategy.
Strong Enforcement Against Repeat Illegal Crossers
The Department of Justice shall assess the effectiveness of
efforts underway to deter repeat illegal crossers, such as
fingerprinting and dedicating prosecution resources to enforce the
new prosecution authority provided by the Violent Crime Control and
Law Enforcement Act of 1994 (Pub. L. 103-322, see Tables for
classification).
The Department of Justice shall determine whether accelerated
expansion of these techniques to additional border sectors is
warranted.
B. Deterring Alien Smuggling
This Administration has had success deterring large ship-based
smuggling directly to United States shores. In response, smugglers
are testing new routes and tactics. Our goal: similar success in
choking off these attempts by adjusting our anti-smuggling
initiatives to anticipate shifting smuggling patterns.
To meet new and continuing challenges posed along transport
routes and in foreign locations by smuggling organizations, we will
augment diplomatic and enforcement resources at overseas locations
to work with host governments, and increase related intelligence
gathering efforts.
The Departments of State and Justice, in cooperation with other
relevant agencies, will report to the National Security Council
within 30 days on the structure of interagency coordination to
achieve these objectives.
Congressional action will be important to provide U.S. law
enforcement agencies with needed authority to deal with
international smuggling operations. I will propose that the
Congress pass legislation providing wiretap authority for
investigation of alien smuggling cases and providing authorization
to seize the assets of groups engaged in trafficking in human
cargo.
In addition, I will propose legislation to give the Attorney
General authority to implement procedures for expedited exclusion
to deal with large flows of undocumented migrants, smuggling
operations, and other extraordinary migration situations.
C. Visa Overstay Deterrence
Nearly half of this country's illegal immigrants come into the
country legally and then stay after they are required by law to
depart, often using fraudulent documentation. No Administration
has ever made a serious effort to identify and deport these
individuals. This Administration is committed to curtailing this
form of illegal immigration.
Therefore, relevant departments and agencies are directed to
review their policies and practices to identify necessary reforms
to curtail visa overstayers and to enhance investigations and
prosecution of those who fraudulently produce or misuse passports,
visas, and other travel related documents. Recommendations for
administrative initiatives and legislative reform shall be
presented to the White House Interagency Working Group on
Immigration by June 30, 1995.
REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT,
AND DETERRENCE
Border deterrence cannot succeed if the lure of jobs in the
United States remains. Therefore, a second major component of the
Administration's deterrence strategy is to toughen worksite
enforcement and employer sanctions. Employers who hire illegal
immigrants not only obtain unfair competitive advantage over
law-abiding employers, their unlawful use of illegal immigrants
suppresses wages and working conditions for our country's legal
workers. Our strategy, which targets enforcement efforts at
employers and industries that historically have relied upon
employment of illegal immigrants, will not only strengthen
deterrence of illegal immigration, but better protect American
workers and businesses that do not hire illegal immigrants.
Central to this effort is an effective, nondiscriminatory means
of verifying the employment authorization of all new employees.
The Administration fully supports the recommendation of the
Commission on Legal Immigration Reform to create pilot projects to
test various techniques for improving workplace verification,
including a computer database test to validate a new worker's
social security number for work authorization purposes. The
Immigration and Naturalization Service (INS) and Social Security
Administration are directed to establish, implement, monitor, and
review the pilots and provide me with an interim report on the
progress of this program by March 1, 1996.
In addition, the INS is directed to finalize the Administration's
reduction of the number of authorized documents to support work
verification for noncitizens. Concurrently, the Administration
will seek further reduction legislatively in the number of
documents that are acceptable for proving identity and work
authorization. The Administration will improve the security of
existing documents to be used for work authorization and seek
increased penalties for immigration fraud, including fraudulent
production and use of documents.
The Department of Labor shall intensify its investigations in
industries with patterns of labor law violations that promote
illegal immigration.
I also direct the Department of Labor, INS, and other relevant
Federal agencies to expand their collaboration in cracking down on
those who subvert fair competition by hiring illegal aliens. This
may include increased Federal authority to confiscate assets that
are the fruits of that unfair competition.
The White House Interagency Working Group on Immigration shall
further examine the link between immigration and employment,
including illegal immigration, and recommend to me other
appropriate measures.
DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS
The Administration's deterrence strategy includes strengthening
the country's detention and deportation capability. No longer will
criminals and other high risk deportable aliens be released back
into communities because of a shortage of detention space and
ineffective deportation procedures.
A. Comprehensive Deportation Process Reform
The Department of Justice, in consultation with other relevant
agencies, shall develop a streamlined, fair, and effective
procedure to expedite removal of deportable aliens. As necessary,
additional legislative authority will be sought in this area. In
addition, the Department of Justice shall increase its capacity to
staff deportation and exclusion hearings to support these
objectives.
B. National Detention and Removal Plan
To address the shortage of local detention space for illegal
aliens, the Administration shall devise a National Detention,
Transportation, and Removal Policy that will permit use of
detention space across the United States and improve the ability to
remove individuals with orders of deportation. The Department of
Justice, in consultation with other agencies as appropriate and
working under the auspices of the White House Interagency Working
Group on Immigration, shall finalize this plan by April 30, 1995.
The Administration will seek support and funding from the
Congress for this plan and for our efforts to double the removal of
illegal aliens with final orders of deportation.
C. Identification and Removal of Criminal Aliens
The Institutional Hearing Program is successfully expediting
deportation of incarcerated criminal aliens after they serve their
sentences.
To further expedite removal of criminal aliens from this country
and reduce costs to Federal and State governments, the Department
of Justice is directed to develop an expanded program of
verification of the immigration status of criminal aliens within
our country's prisons. In developing this program, the viability
of expanding the work of the Law Enforcement Support Center should
be assessed and all necessary steps taken to increase coordination
and cooperative efforts with State, and local law enforcement
officers in identification of criminal aliens.
TARGETED DETERRENCE AREAS
Many of the Administration's illegal immigration enforcement
initiatives are mutually reinforcing. For example, strong interior
enforcement supports border control. While there have been efforts
over the years at piecemeal cooperation, this Administration will
examine, develop, and test a more comprehensive coordinated package
of deterrence strategies in selected metropolitan areas by multiple
Federal, State, and local agencies.
The White House Interagency Working Group on Immigration shall
coordinate the development of this interagency and
intergovernmental operation.
VERIFICATION OF ELIGIBILITY FOR BENEFITS
The law denies most government benefits to illegal aliens. The
government has a duty to assure that taxpayer-supported public
assistance programs are not abused. As with work authorization,
enforcement of eligibility requirements relies upon a credible
system of verification. The INS, working with the White House
Interagency Working Group on Immigration as appropriate, shall
review means of improving the existing benefits verification
program. In addition, we will seek new mechanisms - including
increased penalties for false information used to qualify for
benefits - to protect the integrity of public programs.
ANTI-DISCRIMINATION
Our efforts to combat illegal immigration must not violate the
privacy and civil rights of legal immigrants and U.S. citizens.
Therefore, I direct the Attorney General, the Secretary of Health
and Human Services, the Chair of the Equal Employment Opportunity
Commission, and other relevant Administration officials to
vigorously protect our citizens and legal immigrants from
immigration-related instances of discrimination and harassment.
All illegal immigration enforcement measures shall be taken with
due regard for the basic human rights of individuals and in
accordance with our obligations under applicable international
agreements.
ASSISTANCE TO STATES
States today face significant costs for services provided to
illegal immigrants as a result of failed policies of the past.
Deterring illegal immigration is the best long-term solution to
protect States from growing costs for illegal immigration. This is
the first Administration to address this primary responsibility
squarely. We are targeting most of our Federal dollars to those
initiatives that address the root causes that lead to increased
burdens on States.
The Federal Government provides States with billions of dollars
to provide for health care, education, and other services and
benefits for immigrants. This Administration is proposing
increases for immigration and immigration-related spending of 25
percent in 1996 compared to 1993 levels. In addition, this
Administration is the first to obtain funding from the Congress to
reimburse States for a share of the costs of incarcerated illegal
aliens.
This Administration will continue to work with States to obtain
more Federal help for certain State costs and will oppose
inappropriate cost-shifting to the States.
INTERNATIONAL COOPERATION
This Administration will continue to emphasize international
cooperative efforts to address illegal immigration.
Pursuant to a Presidential Review Directive (PRD), the Department
of State is now coordinating a study on United States policy toward
international refugee and migration affairs. I hereby direct that,
as part of that PRD process, this report to the National Security
Council include the relationship of economic development and
migration in the Western Hemisphere and, in particular, provide
recommendations for further foreign economic policy measures to
address causes of illegal immigration.
The Department of State shall coordinate an interagency effort to
consider expanded arrangements with foreign governments for return
of criminal and deportable aliens.
The Department of State also shall seek to negotiate readmission
agreements for persons who could have sought asylum in the last
country from which they arrived. Such agreements will take due
regard of U.S. obligations under the Protocol Relating to the
Status of Refugees.
The Department of State further shall implement cooperative
efforts with other nations receiving smuggled aliens or those used
as transhipment points by smugglers. In particular, we will look
to countries in our hemisphere to join us by denying their
territory as bases for smuggling operations.
The Department of State shall initiate negotiations with foreign
countries to secure authority for the United States Coast Guard to
board source country vessels suspected of transporting smuggled
aliens.
This directive shall be published in the Federal Register.
William J. Clinton.
-CROSS-
DEFINITIONS
Section 1(c) of div. C of Pub. L. 104-208 provided that:
''Except as otherwise specifically provided in this division (see
Tables for classification), for purposes of titles I (enacting
section 1225a of this title and section 758 of Title 18, Crimes and
Criminal Procedure, amending this section and sections 1103, 1182,
1251, 1325, 1356, and 1357 of this title, and enacting provisions
set out as notes under this section, sections 1103, 1182, 1221,
1325, and 1356 of this title, and section 758 of Title 18) and VI
(enacting sections 1363b and 1372 to 1375 of this title and section
116 of Title 18, amending this section, sections 1105a, 1151, 1152,
1154, 1157, 1158, 1160, 1182, 1184, 1187, 1189, 1201, 1202, 1251,
1252a, 1255 to 1255b, 1258, 1288, 1483, 1323, 1324, 1324b, 1356,
and 1522 of this title, section 112 of Title 32, National Guard,
and section 191 of Title 50, War and National Defense, enacting
provisions set out as notes under this section, sections 1153,
1158, 1161, 1182, 1187, 1189, 1202, 1255, 1433, and 1448 of this
title, section 301 of Title 5, Government Organization and
Employees, section 116 of Title 18, and section 405 of Title 42,
The Public Health and Welfare, and amending provisions set out as
notes under sections 1159, 1182, 1252, 1255a, 1323, 1401, and 1430
of this title) of this division, the terms 'alien', 'Attorney
General', 'border crossing identification card', 'entry',
'immigrant', 'immigrant visa', 'lawfully admitted for permanent
residence', 'national', 'naturalization', 'refugee', 'State', and
'United States' shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).''
Section 594 of title V of div. C of Pub. L. 104-208 provided
that: ''Except as otherwise provided in this title (see Effective
Date of 1996 Amendment note above), for purposes of this title -
''(1) the terms 'alien', 'Attorney General', 'national',
'naturalization', 'State', and 'United States' shall have the
meaning given such terms in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)); and
''(2) the term 'child' shall have the meaning given such term
in section 101(c) of the Immigration and Nationality Act.''
Section 14 of Pub. L. 85-316 provided that: ''Except as otherwise
specifically provided in this Act, the definitions contained in
subsections (a) and (b) of section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101(a), (b)) shall apply to sections 4,
5, 6, 7, 8, 9, 12, 13, and 15 of this Act (enacting sections 1182b,
1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and
provisions set out as notes under section 1153 of this title and
section 1971a of the Appendix to Title 50, War and National
Defense.)''
Many of the terms listed in this section are similarly defined in
section 782 of Title 50, War and National Defense.
CROSS REFERENCES
Definition of the terms -
Alien enemies, see section 21 of Title 50, War and National
Defense.
Crew list visa, see section 1201 of this title.
Order of deportation, see section 1252 of this title.
Permits to enter, see section 1185 of this title.
Person, see sections 1185 and 1322 of this title.
Religious training and belief, see section 1448 of this title.
Transportation line and transportation company, see section
1228 of this title.
United States, see section 1185 of this title.
Immigration and Naturalization Service, see section 1551 et seq.
of this title.
Peace Corps programs, nonimmigrant status of foreign
participants, see section 2508 of Title 22, Foreign Relations and
Intercourse.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1102, 1151, 1152, 1153,
1154, 1157, 1158, 1159, 1160, 1181, 1182, 1184, 1184a, 1186, 1187,
1201, 1202, 1227, 1229b, 1231, 1254a, 1255, 1255a, 1255b, 1257,
1258, 1281, 1282, 1288, 1303, 1356, 1365, 1372, 1376, 1433, 1641 of
this title; title 2 section 441e; title 7 section 2015; title 10
section 2864; title 18 sections 32, 37, 178, 831, 1091, 1116, 1119,
1201, 1203, 2280, 2281, 2331, 2332a, 2332c, 2401, 3077, 3142, 3181;
title 19 sections 58c, 3401; title 22 sections 1474, 2395, 2508,
3508, 5001; title 26 sections 871, 872, 1441, 3121, 3231, 3306,
7701; title 28 section 1605; title 29 sections 1506, 1802; title 42
sections 408, 410, 1436a; title 45 sections 231, 351; title 46
section 2101; title 49 section 46502; title 50 sections 424, 1801;
title 50 App. sections 453, 456.
-CITE-
8 USC Sec. 1102 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1102. Diplomatic and semidiplomatic immunities
-STATUTE-
Except as otherwise provided in this chapter, for so long as they
continue in the nonimmigrant classes enumerated in this section,
the provisions of this chapter relating to ineligibility to receive
visas and the removal of aliens shall not be construed to apply to
nonimmigrants -
(1) within the class described in paragraph (15)(A)(i) of
section 1101(a) of this title, except those provisions relating
to reasonable requirements of passports and visas as a means of
identification and documentation necessary to establish their
qualifications under such paragraph (15)(A)(i), and, under such
rules and regulations as the President may deem to be necessary,
the provisions of subparagraphs (A) through (C) of section
1182(a)(3) of this title;
(2) within the class described in paragraph (15)(G)(i) of
section 1101(a) of this title, except those provisions relating
to reasonable requirements of passports and visas as a means of
identification and documentation necessary to establish their
qualifications under such paragraph (15)(G)(i), and the
provisions of subparagraphs (A) through (C) of section 1182(a)(3)
of this title; and
(3) within the classes described in paragraphs (15)(A)(ii),
(15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of
this title, except those provisions relating to reasonable
requirements of passports and visas as a means of identification
and documentation necessary to establish their qualifications
under such paragraphs, and the provisions of subparagraphs (A)
through (C) of section 1182(a)(3) of this title.
-SOURCE-
(June 27, 1952, ch. 477, title I, Sec. 102, 66 Stat. 173; Pub. L.
100-525, Sec. 9(b), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101-649,
title VI, Sec. 603(a)(2), Nov. 29, 1990, 104 Stat. 5082; Pub. L.
102-232, title III, Sec. 307(i), Dec. 12, 1991, 105 Stat. 1756;
Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(B), Sept. 30,
1996, 110 Stat. 3009-617.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-208 substituted ''removal'' for ''exclusion or
deportation'' in introductory provisions.
1991 - Pars. (1) to (3). Pub. L. 102-232 substituted
''subparagraphs (A) through (C) of section 1182(a)(3) of this
title'' for ''paragraph (3) (other than subparagraph (E)) of
section 1182(a) of this title''.
1990 - Pars. (1) to (3). Pub. L. 101-649 substituted ''(3) (other
than subparagraph (E))'' for ''(27)'' in pars. (1) and (2), and
''paragraph (3) (other than subparagraph (E))'' for ''paragraphs
(27) and (29)'' in par. (3).
1988 - Par. (2). Pub. L. 100-525 substituted ''documentation''
for ''documentaion''.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 applicable to individuals entering
United States on or after June 1, 1991, see section 601(e)(1) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO UNITED NATIONS
Pub. L. 101-246, title IV, Sec. 407, Feb. 16, 1990, 104 Stat. 67,
provided that:
''(a) In General. - The President shall use his authority,
including the authorities contained in section 6 of the United
Nations Headquarters Agreement Act (Public Law 80-357) (Aug. 4,
1947, ch. 482, set out as a note under 22 U.S.C. 287), to deny any
individual's admission to the United States as a representative to
the United Nations if the President determines that such individual
has been found to have been engaged in espionage activities
directed against the United States or its allies and may pose a
threat to United States national security interests.
''(b) Waiver. - The President may waive the provisions of
subsection (a) if the President determines, and so notifies the
Congress, that such a waiver is in the national security interests
of the United States.''
-CROSS-
CROSS REFERENCES
All cases affecting ambassadors, other public ministers and
consuls -
Judicial power as extending to, see Const. Art. III, Sec. 2,
cl. 1.
Supreme Court as having original jurisdiction in, see Const.
Art. III, Sec. 2, cl. 2.
Definition of alien, immigrant visa, nonimmigrant alien,
nonimmigrant visa, and passport, see section 1101 of this title.
International organizations, privileges, exemptions, and
immunities of officers, employees, and their families, see section
288d of Title 22, Foreign Relations and Intercourse.
Original and exclusive jurisdiction of district courts of all
actions and proceedings against consuls or vice consuls of foreign
states, see section 1351 of Title 28, Judiciary and Judicial
Procedure.
Original but not exclusive jurisdiction of Supreme Court of all
actions or proceedings brought by ambassadors or other public
ministers of foreign states or to which consuls or vice consuls of
foreign states are parties, see section 1251 of Title 28.
-CITE-
8 USC Sec. 1103 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1103. Powers and duties
-STATUTE-
(a) Attorney General
(1) The Attorney General shall be charged with the administration
and enforcement of this chapter and all other laws relating to the
immigration and naturalization of aliens, except insofar as this
chapter or such laws relate to the powers, functions, and duties
conferred upon the President, the Secretary of State, the officers
of the Department of State, or diplomatic or consular officers:
Provided, however, That determination and ruling by the Attorney
General with respect to all questions of law shall be controlling.
(2) He shall have control, direction, and supervision of all
employees and of all the files and records of the Service.
(3) He shall establish such regulations; prescribe such forms of
bond, reports, entries, and other papers; issue such instructions;
and perform such other acts as he deems necessary for carrying out
his authority under the provisions of this chapter.
(4) He may require or authorize any employee of the Service or
the Department of Justice to perform or exercise any of the powers,
privileges, or duties conferred or imposed by this chapter or
regulations issued thereunder upon any other employee of the
Service.
(5) He shall have the power and duty to control and guard the
boundaries and borders of the United States against the illegal
entry of aliens and shall, in his discretion, appoint for that
purpose such number of employees of the Service as to him shall
appear necessary and proper.
(6) He is authorized to confer or impose upon any employee of the
United States, with the consent of the head of the Department or
other independent establishment under whose jurisdiction the
employee is serving, any of the powers, privileges, or duties
conferred or imposed by this chapter or regulations issued
thereunder upon officers or employees of the Service.
(7) He may, with the concurrence of the Secretary of State,
establish offices of the Service in foreign countries; and, after
consultation with the Secretary of State, he may, whenever in his
judgment such action may be necessary to accomplish the purposes of
this chapter, detail employees of the Service for duty in foreign
countries.
(8) (FOOTNOTE 1) After consultation with the Secretary of State,
the Attorney General may authorize officers of a foreign country to
be stationed at preclearance facilities in the United States for
the purpose of ensuring that persons traveling from or through the
United States to that foreign country comply with that country's
immigration and related laws.
(FOOTNOTE 1) So in original. Two pars. (8) have been enacted.
(9) (FOOTNOTE 2) Those officers may exercise such authority and
perform such duties as United States immigration officers are
authorized to exercise and perform in that foreign country under
reciprocal agreement, and they shall enjoy such reasonable
privileges and immunities necessary for the performance of their
duties as the government of their country extends to United States
immigration officers.
(FOOTNOTE 2) So in original. Two pars. (9) have been enacted.
(8) (FOOTNOTE 1) In the event the Attorney General determines
that an actual or imminent mass influx of aliens arriving off the
coast of the United States, or near a land border, presents urgent
circumstances requiring an immediate Federal response, the Attorney
General may authorize any State or local law enforcement officer,
with the consent of the head of the department, agency, or
establishment under whose jurisdiction the individual is serving,
to perform or exercise any of the powers, privileges, or duties
conferred or imposed by this chapter or regulations issued
thereunder upon officers or employees of the Service.
(9) (FOOTNOTE 2) The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is authorized
-
(A) to make payments from funds appropriated for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration for necessary
clothing, medical care, necessary guard hire, and the housing,
care, and security of persons detained by the Service pursuant to
Federal law under an agreement with a State or political
subdivision of a State; and
(B) to enter into a cooperative agreement with any State,
territory, or political subdivision thereof, for the necessary
construction, physical renovation, acquisition of equipment,
supplies or materials required to establish acceptable conditions
of confinement and detention services in any State or unit of
local government which agrees to provide guaranteed bed space for
persons detained by the Service.
(b) Land acquisition authority
(1) The Attorney General may contract for or buy any interest in
land, including temporary use rights, adjacent to or in the
vicinity of an international land border when the Attorney General
deems the land essential to control and guard the boundaries and
borders of the United States against any violation of this chapter.
(2) The Attorney General may contract for or buy any interest in
land identified pursuant to paragraph (1) as soon as the lawful
owner of that interest fixes a price for it and the Attorney
General considers that price to be reasonable.
(3) When the Attorney General and the lawful owner of an interest
identified pursuant to paragraph (1) are unable to agree upon a
reasonable price, the Attorney General may commence condemnation
proceedings pursuant to sections 257 and 258 (FOOTNOTE 3) of title
40.
(FOOTNOTE 3) See References in Text note below.
(4) The Attorney General may accept for the United States a gift
of any interest in land identified pursuant to paragraph (1).
(c) Commissioner; appointment
The Commissioner shall be a citizen of the United States and
shall be appointed by the President, by and with the advice and
consent of the Senate. He shall be charged with any and all
responsibilities and authority in the administration of the Service
and of this chapter which are conferred upon the Attorney General
as may be delegated to him by the Attorney General or which may be
prescribed by the Attorney General. The Commissioner may enter into
cooperative agreements with State and local law enforcement
agencies for the purpose of assisting in the enforcement of the
immigration laws.
(d) Statistical information system
(1) The Commissioner, in consultation with interested
academicians, government agencies, and other parties, shall provide
for a system for collection and dissemination, to Congress and the
public, of information (not in individually identifiable form)
useful in evaluating the social, economic, environmental, and
demographic impact of immigration laws.
(2) Such information shall include information on the alien
population in the United States, on the rates of naturalization and
emigration of resident aliens, on aliens who have been admitted,
paroled, or granted asylum, on nonimmigrants in the United States
(by occupation, basis for admission, and duration of stay), on
aliens who have not been admitted or have been removed from the
United States, on the number of applications filed and granted for
cancellation of removal, and on the number of aliens estimated to
be present unlawfully in the United States in each fiscal year.
(3) Such system shall provide for the collection and
dissemination of such information not less often than annually.
(e) Annual report
(1) The Commissioner shall submit to Congress annually a report
which contains a summary of the information collected under
subsection (d) of this section and an analysis of trends in
immigration and naturalization.
(2) Each annual report shall include information on the number,
and rate of denial administratively, of applications for
naturalization, for each district office of the Service and by
national origin group.
(f) Minimum number of agents in States
The Attorney General shall allocate to each State not fewer than
10 full-time active duty agents of the Immigration and
Naturalization Service to carry out the functions of the Service,
in order to ensure the effective enforcement of this chapter.
-SOURCE-
(June 27, 1952, ch. 477, title I, Sec. 103, 66 Stat. 173; Pub. L.
100-525, Sec. 9(c), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101-649,
title I, Sec. 142, Nov. 29, 1990, 104 Stat. 5004; Pub. L. 104-208,
div. C, title I, Sec. 102(d), 125, 134(a), title III, Sec.
308(d)(4)(C), (e)(4), 372, 373, Sept. 30, 1996, 110 Stat. 3009-555,
3009-562, 3009-564, 3009-618, 3009-620, 3009-646, 3009-647.)
-REFTEXT-
REFERENCES IN TEXT
Section 258 of title 40, referred to in subsec. (b)(3), was
omitted from the Code as superseded by Rule 71A of the Federal
Rules of Civil Procedure, set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
-MISC2-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-208, Sec. 372(1), (2), inserted
''(1)'' before first sentence and designated each sentence after
the first sentence, which included second through ninth sentences,
as a separate par. with appropriate consecutive numbering and
initial indentation.
Pub. L. 104-208, Sec. 125, inserted at end ''After consultation
with the Secretary of State, the Attorney General may authorize
officers of a foreign country to be stationed at preclearance
facilities in the United States for the purpose of ensuring that
persons traveling from or through the United States to that foreign
country comply with that country's immigration and related laws.
Those officers may exercise such authority and perform such duties
as United States immigration officers are authorized to exercise
and perform in that foreign country under reciprocal agreement, and
they shall enjoy such reasonable privileges and immunities
necessary for the performance of their duties as the government of
their country extends to United States immigration officers.''
Subsec. (a)(8). Pub. L. 104-208, Sec. 372(3), added at end par.
(8) relating to Attorney General authorization of State and local
law enforcement officers in event of mass influx of aliens
arriving.
Subsec. (a)(9). Pub. L. 104-208, Sec. 373(1), added at end par.
(9) relating to Attorney General authority to support
administrative detention of persons in non-Federal institutions.
Subsec. (b). Pub. L. 104-208, Sec. 102(d)(1)(B), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-208, Sec. 373(2), inserted at end ''The
Commissioner may enter into cooperative agreements with State and
local law enforcement agencies for the purpose of assisting in the
enforcement of the immigration laws.''
Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (b) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104-208, Sec. 308(e)(4), which directed
amendment of subsec. (c)(2) by substituting ''cancellation of
removal'' for ''suspension of deportation'', was executed by making
the substitution in subsec. (d)(2) to reflect the probable intent
of Congress and the redesignation of subsec. (c) as (d) by Pub. L.
104-208, Sec. 102(d)(1)(A). See above.
Pub. L. 104-208, Sec. 308(d)(4)(C), which directed amendment of
subsec. (c)(2) by substituting ''not been admitted or have been
removed'' for ''been excluded or deported'', was executed by making
the substitution in subsec. (d)(2) to reflect the probable intent
of Congress and the redesignation of subsec. (c) as (d) by Pub. L.
104-208, Sec. 102(d)(1)(A). See above.
Subsec. (e). Pub. L. 104-208, Sec. 102(d)(2), substituted
''subsection (d)'' for ''subsection (c)'' in par. (1).
Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (d) as
(e).
Subsec. (f). Pub. L. 104-208, Sec. 134(a), added subsec. (f).
1990 - Subsecs. (c), (d). Pub. L. 101-649 added subsecs. (c) and
(d).
1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(c)(1), substituted
''instructions'' for ''intructions'' and amended fourth sentence
generally. Prior to amendment, fourth sentence read as follows:
''He is authorized, in accordance with the civil-service laws and
regulations and the Classification Act of 1949, to appoint such
employees of the Service as he deems necessary, and to delegate to
them or to any officer or employee of the Department of Justice in
his discretion any of the duties and powers imposed upon him in
this chapter; he may require or authorize any employee of the
Service or the Department of Justice to perform or exercise any of
the powers, privileges, or duties conferred or imposed by this
chapter or regulations issued thereunder upon any other employee of
the Service.''
Subsec. (b). Pub. L. 100-525, Sec. 9(c)(2), struck out provision
that Commissioner was to receive compensation at rate of $17,500
per annum.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 134(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall take
effect 90 days after the date of the enactment of this Act (Sept.
30, 1996).''
Amendment by section 308(d)(4)(C), (e)(4) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
applicable beginning with fiscal year 1992, see section 161(a) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
FINGERPRINT CARDS
Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2448, provided
in part: ''That beginning seven calendar days after the enactment
of this Act (Nov. 26, 1997) and for each fiscal year thereafter,
none of the funds appropriated or otherwise made available to the
Immigration and Naturalization Service may be used by the
Immigration and Naturalization Service to accept, for the purpose
of conducting criminal background checks on applications for any
benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), any FD-258 fingerprint card which has been prepared by or
received from any individual or entity other than an office of the
Immigration and Naturalization Service with the following
exceptions: (1) State and local law enforcement agencies; and (2)
United States consular offices at United States embassies and
consulates abroad under the jurisdiction of the Department of State
or United States military offices under the jurisdiction of the
Department of Defense authorized to perform fingerprinting services
to prepare FD-258 fingerprint cards for applicants residing abroad
applying for immigration benefits''.
IMPROVEMENT OF BARRIERS AT BORDER
Section 102(a)-(c) of div. C of Pub. L. 104-208 provided that:
''(a) In General. - The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall take such
actions as may be necessary to install additional physical barriers
and roads (including the removal of obstacles to detection of
illegal entrants) in the vicinity of the United States border to
deter illegal crossings in areas of high illegal entry into the
United States.
''(b) Construction of Fencing and Road Improvements in the Border
Area Near San Diego, California. -
''(1) In general. - In carrying out subsection (a), the
Attorney General shall provide for the construction along the 14
miles of the international land border of the United States,
starting at the Pacific Ocean and extending eastward, of second
and third fences, in addition to the existing reinforced fence,
and for roads between the fences.
''(2) Prompt acquisition of necessary easements. - The Attorney
General, acting under the authority conferred in section 103(b)
of the Immigration and Nationality Act (8 U.S.C. 1103(b)) (as
inserted by subsection (d)), shall promptly acquire such
easements as may be necessary to carry out this subsection and
shall commence construction of fences immediately following such
acquisition (or conclusion of portions thereof).
''(3) Safety features. - The Attorney General, while
constructing the additional fencing under this subsection, shall
incorporate such safety features into the design of the fence
system as are necessary to ensure the well-being of border patrol
agents deployed within or in near proximity to the system.
''(4) Authorization of appropriations. - There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
''(c) Waiver. - The provisions of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are waived to the extent the
Attorney General determines necessary to ensure expeditious
construction of the barriers and roads under this section (amending
this section).''
IMPROVED BORDER EQUIPMENT AND TECHNOLOGY
Section 103 of div. C of Pub. L. 104-208 provided that: ''The
Attorney General is authorized to acquire and use, for the purpose
of detection, interdiction, and reduction of illegal immigration
into the United States, any Federal equipment (including fixed wing
aircraft, helicopters, four-wheel drive vehicles, sedans, night
vision goggles, night vision scopes, and sensor units) determined
available for transfer by any other agency of the Federal
Government upon request of the Attorney General.''
HIRING AND TRAINING STANDARDS
Section 106(a), (b) of div. C of Pub. L. 104-208 provided that:
''(a) Review of Hiring Standards. - Not later than 60 days after
the date of the enactment of this Act (Sept. 30, 1996), the
Attorney General shall complete a review of all prescreening and
hiring standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards to
ensure that they are consistent with relevant standards of
professionalism.
''(b) Certification. - At the conclusion of each of fiscal years
1997, 1998, 1999, 2000, and 2001, the Attorney General shall
certify in writing to the Committees on the Judiciary of the House
of Representatives and of the Senate that all personnel hired by
the Commissioner of Immigration and Naturalization for such fiscal
year were hired pursuant to the appropriate standards, as revised
under subsection (a).''
REPORT ON BORDER STRATEGY
Section 107 of div. C of Pub. L. 104-208 provided that:
''(a) Evaluation of Strategy. - The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United States to
determine the efficacy of such strategy.
''(b) Cooperation. - The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out subsection
(a).
''(c) Report. - Not later than one year after the date of the
enactment of this Act (Sept. 30, 1996), and every year thereafter
for the succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the Judiciary of
the House of Representatives and of the Senate on the results of
the activities undertaken under subsection (a) during the previous
year. Each such report shall include an analysis of the degree to
which the Attorney General's strategy has been effective in
reducing illegal entry. Each such report shall include a
collection and systematic analysis of data, including workload
indicators, related to activities to deter illegal entry and
recommendations to improve and increase border security at the
border and ports of entry.''
COMPENSATION FOR IMMIGRATION JUDGES
Section 371(c) of div. C of Pub. L. 104-208 provided that:
''(1) In general. - There shall be four levels of pay for
immigration judges, under the Immigration Judge Schedule
(designated as IJ-1, 2, 3, and 4, respectively), and each such
judge shall be paid at one of those levels, in accordance with the
provisions of this subsection.
''(2) Rates of pay. -
''(A) The rates of basic pay for the levels established under
paragraph (1) shall be as follows:
---------------------------------------------------------------------
---------------------------------------------------------------------
IJ-1 70% of the next to highest rate
of basic pay for the Senior
Executive Service
IJ-2 80% of the next to highest rate
of basic pay for the Senior
Executive Service
IJ-3 90% of the next to highest rate
of basic pay for the Senior
Executive Service
IJ-4 92% of the next to highest rate
of basic pay for the Senior
Executive Service.
-------------------------------
''(B) Locality pay, where applicable, shall be calculated into
the basic pay for immigration judges.
''(3) Appointment. -
''(A) Upon appointment, an immigration judge shall be paid at
IJ-1, and shall be advanced to IJ-2 upon completion of 104 weeks
of service, to IJ-3 upon completion of 104 weeks of service in
the next lower rate, and to IJ-4 upon completion of 52 weeks of
service in the next lower rate.
''(B) Notwithstanding subparagraph (A), the Attorney General
may provide for appointment of an immigration judge at an
advanced rate under such circumstances as the Attorney General
may determine appropriate.
''(4) Transition. - Immigration judges serving as of the
effective date shall be paid at the rate that corresponds to the
amount of time, as provided under paragraph (3)(A), that they have
served as an immigration judge, and in no case shall be paid less
after the effective date than the rate of pay prior to the
effective date.''
(Section 371(d)(2) of div. C of Pub. L. 104-208 provided that:
''Subsection (c) (set out above) shall take effect 90 days after
the date of the enactment of this Act (Sept. 30, 1996).'')
MACHINE-READABLE DOCUMENT BORDER SECURITY PROGRAM
Pub. L. 100-690, title IV, Sec. 4604, Nov. 18, 1988, 102 Stat.
4289, which required Department of State, United States Customs
Service, and Immigration and Naturalization Service to develop a
comprehensive machine-readable travel and identity document border
security program that would improve border entry and departure
control through automated data capture of machine-readable travel
and identity documents, directed specified agencies and
organizations to contribute law enforcement data for the system,
authorized appropriations for the program, and required continuing
full implementation in fiscal years 1990, 1991, and 1992, by all
participating agencies, was repealed by Pub. L. 102-583, Sec.
6(e)(1), Nov. 2, 1992, 106 Stat. 4933.
IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT
Pub. L. 100-690, title VII, Sec. 7350, Nov. 18, 1988, 102 Stat.
4473, provided that:
''(a) Pilot Program Regarding the Identification of Certain
Aliens. -
''(1) Within 6 months after the effective date of this subtitle
(Nov. 18, 1988), the Attorney General shall establish, out of
funds appropriated pursuant to subsection (c)(2), a pilot program
in 4 cities to improve the capabilities of the Immigration and
Naturalization Service (hereinafter in this section referred to
as the 'Service') to respond to inquiries from Federal, State,
and local law enforcement authorities concerning aliens who have
been arrested for or convicted of, or who are the subject of any
criminal investigation relating to, a violation of any law
relating to controlled substances (other than an aggravated
felony as defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)), as added by section 7342
of this subtitle).
''(2) At the end of the 12-month period after the establishment
of such pilot program, the Attorney General shall provide for an
evaluation of its effectiveness, including an assessment by
Federal, State, and local prosecutors and law enforcement
agencies. The Attorney General shall submit a report containing
the conclusions of such evaluation to the Committees on the
Judiciary of the House of Representatives and of the Senate
within 60 days after the completion of such evaluation.
''(b) Hiring of Investigative Agents. -
''(1) Any investigative agent hired by the Attorney General for
purposes of this section shall be employed exclusively to assist
Federal, State, and local law enforcement agencies in combating
drug trafficking and crimes of violence by aliens.
''(2) Any investigative agent hired under this section who is
older than 35 years of age shall not be eligible for Federal
retirement benefits made available to individuals who perform
hazardous law enforcement activities.''
PILOT PROGRAM TO ESTABLISH OR IMPROVE COMPUTER CAPABILITIES
Pub. L. 99-570, title I, Sec. 1751(e), Oct. 27, 1986, 100 Stat.
3207-48, provided that:
''(1) From the sums appropriated to carry out this Act, the
Attorney General, through the Investigative Division of the
Immigration and Naturalization Service, shall provide a pilot
program in 4 cities to establish or improve the computer
capabilities of the local offices of the Service and of local law
enforcement agencies to respond to inquiries concerning aliens who
have been arrested or convicted for, or are the subject to criminal
investigation relating to, a violation of any law relating to
controlled substances. The Attorney General shall select cities in
a manner that provides special consideration for cities located
near the land borders of the United States and for large cities
which have major concentrations of aliens. Some of the sums made
available under the pilot program shall be used to increase the
personnel level of the Investigative Division.
''(2) At the end of the first year of the pilot program, the
Attorney General shall provide for an evaluation of the
effectiveness of the program and shall report to Congress on such
evaluation and on whether the pilot program should be extended or
expanded.''
EMERGENCY PLANS FOR REGULATION OF NATIONALS OF ENEMY COUNTRIES
Attorney General to develop national security emergency plans for
regulation of immigration, regulation of nationals of enemy
countries, and plans to implement laws for control of persons
entering or leaving the United States, see section 1101(4) of Ex.
Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note
under section 5195 of Title 42, The Public Health and Welfare.
-CROSS-
CROSS REFERENCES
Bond or undertaking as prerequisite to issuance of visas to
aliens with certain physical disabilities or likely to become
public charges, see section 1201 of this title.
Definition of alien, Attorney General, Commissioner, consular
officer, entry, immigration laws, and Service, see section 1101 of
this title.
Office of Commissioner of Immigration and Naturalization, see
section 1552 of this title.
-CITE-
8 USC Sec. 1104 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1104. Powers and duties of Secretary of State
-STATUTE-
(a) Powers and duties
The Secretary of State shall be charged with the administration
and the enforcement of the provisions of this chapter and all other
immigration and nationality laws relating to (1) the powers,
duties, and functions of diplomatic and consular officers of the
United States, except those powers, duties, and functions conferred
upon the consular officers relating to the granting or refusal of
visas; (2) the powers, duties, and functions of the Administrator;
and (3) the determination of nationality of a person not in the
United States. He shall establish such regulations; prescribe such
forms of reports, entries and other papers; issue such
instructions; and perform such other acts as he deems necessary for
carrying out such provisions. He is authorized to confer or impose
upon any employee of the United States, with the consent of the
head of the department or independent establishment under whose
jurisdiction the employee is serving, any of the powers, functions,
or duties conferred or imposed by this chapter or regulations
issued thereunder upon officers or employees of the Department of
State or of the American Foreign Service.
(b) Designation and duties of Administrator
The Secretary of State shall designate an Administrator who shall
be a citizen of the United States, qualified by experience. The
Administrator shall maintain close liaison with the appropriate
committees of Congress in order that they may be advised regarding
the administration of this chapter by consular officers. The
Administrator shall be charged with any and all responsibility and
authority in the administration of this chapter which are conferred
on the Secretary of State as may be delegated to the Administrator
by the Secretary of State or which may be prescribed by the
Secretary of State, and shall perform such other duties as the
Secretary of State may prescribe.
(c) Passport Office, Visa Office, and other offices; directors
Within the Department of State there shall be a Passport Office,
a Visa Office, and such other offices as the Secretary of State may
deem to be appropriate, each office to be headed by a director.
The Directors of the Passport Office and the Visa Office shall be
experienced in the administration of the nationality and
immigration laws.
(d) Transfer of duties
The functions heretofore performed by the Passport Division and
the Visa Division of the Department of State shall hereafter be
performed by the Passport Office and the Visa Office, respectively.
(e) General Counsel of Visa Office; appointment and duties
There shall be a General Counsel of the Visa Office, who shall be
appointed by the Secretary of State and who shall serve under the
general direction of the Legal Adviser of the Department of State.
The General Counsel shall have authority to maintain liaison with
the appropriate officers of the Service with a view to securing
uniform interpretations of the provisions of this chapter.
-SOURCE-
(June 27, 1952, ch. 477, title I, Sec. 104, 66 Stat. 174; Pub. L.
87-510, Sec. 4(a)(2), June 28, 1962, 76 Stat. 123; Pub. L. 88-426,
title III, Sec. 305(43), Aug. 14, 1964, 78 Stat. 428; Pub. L.
95-105, title I, Sec. 109(b)(1), Aug. 17, 1977, 91 Stat. 847; Pub.
L. 100-525, Sec. 9(d), Oct. 24, 1988, 102 Stat. 2620; Pub. L.
103-236, title I, Sec. 162(h)(2), Apr. 30, 1994, 108 Stat. 407.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-236, Sec. 162(h)(2)(A), struck out ''; Bureau
of Consular Affairs'' after ''Secretary of State'' in section
catchline.
Subsec. (a)(2). Pub. L. 103-236, Sec. 162(h)(2)(B), substituted
''the Administrator'' for ''the Bureau of Consular Affairs''.
Subsec. (b). Pub. L. 103-236, Sec. 162(h)(2)(C), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as follows:
''There is established in the Department of State a Bureau of
Consular Affairs, to be headed by an Assistant Secretary of State
for Consular Affairs. The Assistant Secretary of State for Consular
Affairs shall be a citizen of the United States, qualified by
experience, and shall maintain close liaison with the appropriate
committees of Congress in order that they may be advised regarding
the administration of this chapter by consular officers. He shall
be charged with any and all responsibility and authority in the
administration of the Bureau and of this chapter which are
conferred on the Secretary of State as may be delegated to him by
the Secretary of State or which may be prescribed by the Secretary
of State. He shall also perform such other duties as the Secretary
of State may prescribe.''
Subsec. (c). Pub. L. 103-236, Sec. 162(h)(2)(D), substituted
''Department of State'' for ''Bureau''.
Subsec. (d). Pub. L. 103-236, Sec. 162(h)(2)(E), struck out
before period at end '', of the Bureau of Consular Affairs''.
1988 - Pub. L. 100-525 substituted ''Bureau of Consular Affairs''
for ''Bureau of Security and Consular Affairs'' in section
catchline.
1977 - Subsec. (a)(2). Pub. L. 95-105, Sec. 109(b)(1)(A), struck
out ''Security and'' after ''Bureau of''.
Subsec. (b). Pub. L. 95-105, Sec. 109(b)(1)(B), substituted
''Consular Affairs, to be headed by an Assistant Secretary of State
for Consular Affairs'' for ''Security and Consular Affairs, to be
headed by an administrator (with an appropriate title to be
designated by the Secretary of State), with rank equal to that of
an Assistant Secretary of State'' and ''Assistant Secretary of
State for Consular Affairs'' for ''administrator'' and struck out
provision that the administrator shall be appointed by the
President by and with the advice and consent of the Senate.
Subsec. (d). Pub. L. 95-105, Sec. 109(b)(1)(C), struck out
''Security and'' after ''Bureau of''.
Subsec. (f). Pub. L. 95-105, Sec. 109(b)(1)(D), struck out
subsec. (f) which placed Bureau of Security and Consular Affairs
under immediate jurisdiction of Deputy Under Secretary of State for
Administration.
1964 - Subsec. (b). Pub. L. 88-426 repealed provisions which
related to compensation of Administrator. See section 5311 et seq.
of Title 5, Government Organization and Employees.
1962 - Subsec. (b). Pub. L. 87-510 provided for appointment of
Administrator of Bureau of Security and Consular Affairs by
President by and with advice and consent of Senate.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-236 applicable with respect to
officials, offices, and bureaus of Department of State when
executive orders, regulations, or departmental directives
implementing the amendments by sections 161 and 162 of Pub. L.
103-236 become effective, or 90 days after Apr. 30, 1994, whichever
comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
set out as a note under section 2651a of Title 22, Foreign
Relations and Intercourse.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of
Pub. L. 88-426.
-TRANS-
AUTHORITY OF SECRETARY OF STATE
Except as otherwise provided, Secretary of State to have and
exercise any authority vested by law in any official or office of
Department of State and references to such officials or offices
deemed to refer to Secretary of State or Department of State, as
appropriate, see section 2651a of Title 22, Foreign Relations and
Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
note under section 2651a of Title 22.
-MISC5-
ASSUMPTION OF DUTIES BY ADMINISTRATOR OF BUREAU OF SECURITY AND
CONSULAR AFFAIRS
Section 109(b)(4) of Pub. L. 95-105 provided that: ''The
individual holding the position of administrator of the Bureau of
Security and Consular Affairs on the date of enactment of this
section (Aug. 17, 1977) shall assume the duties of the Assistant
Secretary of State for Consular Affairs and shall not be required
to be reappointed by reason of the enactment of this section.''
REFERENCES TO BUREAU OF SECURITY AND CONSULAR AFFAIRS OR
ADMINISTRATOR
Section 109(b)(5) of Pub. L. 95-105 provided that: ''Any
reference in any law to the Bureau of Security and Consular Affairs
or to the administrator of such Bureau shall be deemed to be a
reference to the Bureau of Consular Affairs or to the Assistant
Secretary of State for Consular Affairs, respectively.''
-CROSS-
CROSS REFERENCES
Definition of administrator, consular officer, immigrant visa,
immigration laws, national, nonimmigrant visa, passport, and
Service, see section 1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1101 of this title.
-CITE-
8 USC Sec. 1105 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1105. Liaison with internal security officers
-STATUTE-
The Commissioner and the Administrator shall have authority to
maintain direct and continuous liaison with the Directors of the
Federal Bureau of Investigation and the Central Intelligence Agency
and with other internal security officers of the Government for the
purpose of obtaining and exchanging information for use in
enforcing the provisions of this chapter in the interest of the
internal security of the United States. The Commissioner and the
Administrator shall maintain direct and continuous liaison with
each other with a view to a coordinated, uniform, and efficient
administration of this chapter, and all other immigration and
nationality laws.
-SOURCE-
(June 27, 1952, ch. 477, title I, Sec. 105, 66 Stat. 175; Pub. L.
95-105, title I, Sec. 109(b)(2), Aug. 17, 1977, 91 Stat. 847; Pub.
L. 103-236, title I, Sec. 162(h)(3), Apr. 30, 1994, 108 Stat. 408.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-236 substituted ''Administrator'' for
''Assistant Secretary of State for Consular Affairs'' in two
places.
1977 - Pub. L. 95-105 substituted ''Assistant Secretary of State
for Consular Affairs'' for ''administrator'' in two places.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-236 applicable with respect to
officials, offices, and bureaus of Department of State when
executive orders, regulations, or departmental directives
implementing the amendments by sections 161 and 162 of Pub. L.
103-236 become effective, or 90 days after Apr. 30, 1994, whichever
comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
set out as a note under section 2651a of Title 22, Foreign
Relations and Intercourse.
-CROSS-
CROSS REFERENCES
Central Intelligence Agency, see section 403 et seq. of Title 50,
War and National Defense.
Definition of administrator, Commissioner, and immigration laws,
see section 1101 of this title.
Federal Bureau of Investigation, see section 531 et seq. of Title
28, Judiciary and Judicial Procedure.
-CITE-
8 USC Sec. 1105a 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1105a. Repealed. Pub. L. 104-208, div. C, title III, Sec.
306(b), Sept. 30, 1996, 110 Stat. 3009-612
-MISC1-
Section, act June 27, 1952, ch. 477, title I, Sec. 106, as added
Sept. 26, 1961, Pub. L. 87-301, Sec. 5(a), 75 Stat. 651; amended
Dec. 29, 1981, Pub. L. 97-116, Sec. 18(b), 95 Stat. 1620; Oct. 24,
1988, Pub. L. 100-525, Sec. 9(e), 102 Stat. 2620; Nov. 18, 1988,
Pub. L. 100-690, title VII, Sec. 7347(b), 102 Stat. 4472; Nov. 29,
1990, Pub. L. 101-649, title V, Sec. 502(a), 513(a), 545(b), 104
Stat. 5048, 5052, 5065; Dec. 12, 1991, Pub. L. 102-232, title III,
Sec. 306(a)(2), 105 Stat. 1751; Sept. 13, 1994, Pub. L. 103-322,
title XIII, Sec. 130004(b), 108 Stat. 2027; Oct. 25, 1994, Pub. L.
103-416, title II, Sec. 223(b), 108 Stat. 4322; Apr. 24, 1996, Pub.
L. 104-132, title IV, Sec. 401(b), (e), 423(a), 440(a), 442(b), 110
Stat. 1267, 1268, 1272, 1276, 1280; Sept. 30, 1996, Pub. L.
104-208, div. C, title III, Sec. 306(d), 308(g)(10)(H), 371(b)(1),
title VI, Sec. 671(c)(3), (4), 110 Stat. 3009-612, 3009-625,
3009-645, 3009-722, related to judicial review of orders of
deportation and exclusion. See section 1252 of this title.
EFFECTIVE DATE OF REPEAL
Repeal applicable as provided under section 309 of Pub. L.
104-208, which provided that such repeal be effective, with certain
transitional provisions, on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, but such repeal
not to be considered to invalidate or to require the
reconsideration of any judgment or order entered under this
section, see section 306(c) of Pub. L. 104-208, as amended, set out
as an Effective Date of 1996 Amendment note under section 1252 of
this title and section 309 of Pub. L. 104-208, set out as an
Effective Date of 1996 Amendments note under section 1101 of this
title.
-CITE-
8 USC Sec. 1106 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1106. Repealed. Pub. L. 91-510, title IV, Sec. 422(a), Oct.
26, 1970, 84 Stat. 1189
-MISC1-
Section, act June 27, 1952, ch. 477, title IV, Sec. 401, 66 Stat.
274, provided for establishment of Joint Committee on Immigration
and Nationality, including its composition, necessity of membership
on House or Senate Committee on the Judiciary, vacancies and
election of chairman, functions, reports, submission of regulations
to Committee, hearings and subpena, travel expenses, employment of
personnel, payment of Committee expenses, and effective date.
EFFECTIVE DATE OF REPEAL
Repeal effective immediately prior to noon on Jan. 3, 1971, see
section 601(1) of Pub. L. 91-510, set out as an Effective Date of
1970 Amendment note under section 72a of Title 2, The Congress.
-TRANS-
ABOLITION OF JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY
Pub. L. 91-510, title IV, Sec. 421, Oct. 26, 1970, 84 Stat. 1189,
abolished the Joint Committee on Immigration and Nationality
established by former subsec. (a) of this section.
-CITE-
8 USC SUBCHAPTER II - IMMIGRATION 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
.
-HEAD-
SUBCHAPTER II - IMMIGRATION
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1101, 1364, 1533,
1534, 1536 of this title.
-CITE-
8 USC Part I - Selection System 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
.
-HEAD-
Part I - Selection System
-CITE-
8 USC Sec. 1151 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1151. Worldwide level of immigration
-STATUTE-
(a) In general
Exclusive of aliens described in subsection (b) of this section,
aliens born in a foreign state or dependent area who may be issued
immigrant visas or who may otherwise acquire the status of an alien
lawfully admitted to the United States for permanent residence are
limited to -
(1) family-sponsored immigrants described in section 1153(a) of
this title (or who are admitted under section 1181(a) of this
title on the basis of a prior issuance of a visa to their
accompanying parent under section 1153(a) of this title) in a
number not to exceed in any fiscal year the number specified in
subsection (c) of this section for that year, and not to exceed
in any of the first 3 quarters of any fiscal year 27 percent of
the worldwide level under such subsection for all of such fiscal
year;
(2) employment-based immigrants described in section 1153(b) of
this title (or who are admitted under section 1181(a) of this
title on the basis of a prior issuance of a visa to their
accompanying parent under section 1153(b) of this title), in a
number not to exceed in any fiscal year the number specified in
subsection (d) of this section for that year, and not to exceed
in any of the first 3 quarters of any fiscal year 27 percent of
the worldwide level under such subsection for all of such fiscal
year; and
(3) for fiscal years beginning with fiscal year 1995, diversity
immigrants described in section 1153(c) of this title (or who are
admitted under section 1181(a) of this title on the basis of a
prior issuance of a visa to their accompanying parent under
section 1153(c) of this title) in a number not to exceed in any
fiscal year the number specified in subsection (e) of this
section for that year, and not to exceed in any of the first 3
quarters of any fiscal year 27 percent of the worldwide level
under such subsection for all of such fiscal year.
(b) Aliens not subject to direct numerical limitations
Aliens described in this subsection, who are not subject to the
worldwide levels or numerical limitations of subsection (a) of this
section, are as follows:
(1)(A) Special immigrants described in subparagraph (A) or (B)
of section 1101(a)(27) of this title.
(B) Aliens who are admitted under section 1157 of this title or
whose status is adjusted under section 1159 of this title.
(C) Aliens whose status is adjusted to permanent residence
under section 1160 or 1255a of this title.
(D) Aliens whose removal is canceled under section 1229b(a) of
this title.
(E) Aliens provided permanent resident status under section
1259 of this title.
(2)(A)(i) Immediate relatives. - For purposes of this
subsection, the term ''immediate relatives'' means the children,
spouses, and parents of a citizen of the United States, except
that, in the case of parents, such citizens shall be at least 21
years of age. In the case of an alien who was the spouse of a
citizen of the United States for at least 2 years at the time of
the citizen's death and was not legally separated from the
citizen at the time of the citizen's death, the alien (and each
child of the alien) shall be considered, for purposes of this
subsection, to remain an immediate relative after the date of the
citizen's death but only if the spouse files a petition under
section 1154(a)(1)(A)(ii) of this title within 2 years after such
date and only until the date the spouse remarries.
(ii) Aliens admitted under section 1181(a) of this title on the
basis of a prior issuance of a visa to their accompanying parent
who is such an immediate relative.
(B) Aliens born to an alien lawfully admitted for permanent
residence during a temporary visit abroad.
(c) Worldwide level of family-sponsored immigrants
(1)(A) The worldwide level of family-sponsored immigrants under
this subsection for a fiscal year is, subject to subparagraph (B),
equal to -
(i) 480,000, minus
(ii) the sum of the number computed under paragraph (2) and the
number computed under paragraph (4), plus
(iii) the number (if any) computed under paragraph (3).
(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000
shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A)
be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is
the sum of the number of aliens described in subparagraphs (A) and
(B) of subsection (b)(2) of this section who were issued immigrant
visas or who otherwise acquired the status of aliens lawfully
admitted to the United States for permanent residence in the
previous fiscal year.
(3)(A) The number computed under this paragraph for fiscal year
1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993
is the difference (if any) between the worldwide level established
under paragraph (1) for the previous fiscal year and the number of
visas issued under section 1153(a) of this title during that fiscal
year.
(C) The number computed under this paragraph for a subsequent
fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section 1153(b) of this title
(relating to employment-based immigrants) during the previous
fiscal year and the number of visas issued under that section
during that year.
(4) The number computed under this paragraph for a fiscal year
(beginning with fiscal year 1999) is the number of aliens who were
paroled into the United States under section 1182(d)(5) of this
title in the second preceding fiscal year -
(A) who did not depart from the United States (without advance
parole) within 365 days; and
(B) who (i) did not acquire the status of aliens lawfully
admitted to the United States for permanent residence in the two
preceding fiscal years, or (ii) acquired such status in such
years under a provision of law (other than subsection (b) of this
section) which exempts such adjustment from the numerical
limitation on the worldwide level of immigration under this
section.
(5) If any alien described in paragraph (4) (other than an alien
described in paragraph (4)(B)(ii)) is subsequently admitted as an
alien lawfully admitted for permanent residence, such alien shall
not again be considered for purposes of paragraph (1).
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this
subsection for a fiscal year is equal to -
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2)(A) The number computed under this paragraph for fiscal year
1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993
is the difference (if any) between the worldwide level established
under paragraph (1) for the previous fiscal year and the number of
visas issued under section 1153(b) of this title during that fiscal
year.
(C) The number computed under this paragraph for a subsequent
fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section 1153(a) of this title
(relating to family-sponsored immigrants) during the previous
fiscal year and the number of visas issued under that section
during that year.
(e) Worldwide level of diversity immigrants
The worldwide level of diversity immigrants is equal to 55,000
for each fiscal year.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 201, 66 Stat. 175;
Pub. L. 89-236, Sec. 1, Oct. 3, 1965, 79 Stat. 911; Pub. L. 94-571,
Sec. 2, Oct. 20, 1976, 90 Stat. 2703; Pub. L. 95-412, Sec. 1, Oct.
5, 1978, 92 Stat. 907; Pub. L. 96-212, title II, Sec. 203(a), Mar.
17, 1980, 94 Stat. 106; Pub. L. 97-116, Sec. 20((a)), Dec. 29,
1981, 95 Stat. 1621; Pub. L. 101-649, title I, Sec. 101(a), Nov.
29, 1990, 104 Stat. 4980; Pub. L. 102-232, title III, Sec.
302(a)(1), Dec. 12, 1991, 105 Stat. 1742; Pub. L. 103-322, title
IV, Sec. 40701(b)(2), Sept. 13, 1994, 108 Stat. 1954; Pub. L.
103-416, title II, Sec. 219(b)(1), Oct. 25, 1994, 108 Stat. 4316;
Pub. L. 104-208, div. C, title III, Sec. 308(e)(5), (g)(8)(A)(i),
title VI, Sec. 603, 671(d)(1)(A), Sept. 30, 1996, 110 Stat.
3009-620, 3009-624, 3009-690, 3009-723.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 671(d)(1)(A),
struck out '', 1161,'' after ''section 1160''.
Subsec. (b)(1)(D). Pub. L. 104-208, Sec. 308(g)(8)(A)(i),
substituted ''section 1229b(a)'' for ''section 1254(a)''.
Pub. L. 104-208, Sec. 308(e)(5), substituted ''removal is
canceled'' for ''deportation is suspended''.
Subsec. (c)(1)(A)(ii). Pub. L. 104-208, Sec. 603(1), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows:
''the number computed under paragraph (2), plus''.
Subsec. (c)(4), (5). Pub. L. 104-208, Sec. 603(2), added pars.
(4) and (5).
1994 - Subsec. (b)(2)(A)(i). Pub. L. 103-416 inserted ''(and each
child of the alien)'' after ''death, the alien'' in second
sentence.
Pub. L. 103-322 substituted ''1154(a)(1)(A)(ii)'' for
''1154(a)(1)(A)''.
1991 - Subsec. (c)(3). Pub. L. 102-232, Sec. 302(a)(1)(A), added
subpars. (A) and (B), designated existing text as subpar. (C), and
in subpar. (C) substituted ''The number computed under this
paragraph for a subsequent fiscal year'' for ''The number computed
under this paragraph for a fiscal year''.
Subsec. (d)(2). Pub. L. 102-232, Sec. 302(a)(1)(B), added
subpars. (A) and (B), designated existing text as subpar. (C), and
in subpar. (C) substituted ''The number computed under this
paragraph for a subsequent fiscal year'' for ''The number computed
under this paragraph for a fiscal year''.
1990 - Pub. L. 101-649 amended section generally, substituting
provisions setting forth general and worldwide levels for
family-sponsored, employment-based, and diversity immigrants, for
provisions setting forth numerical limitations on total lawful
admissions without breakdown as to type.
1981 - Subsec. (a). Pub. L. 97-116 inserted proviso authorizing
Secretary of State, to the extent that in a particular fiscal year
the number of aliens who are issued immigrant visas or who
otherwise acquire the status of aliens lawfully admitted for
permanent residence, and who are subject to the numerical
limitations of this section, together with the aliens who adjust
their status to aliens lawfully admitted for permanent residence
pursuant to section 1101(a)(27)(H) of this title or section 19 of
the Immigration and Nationality Amendments of 1981, exceed the
annual numerical limitation in effect, to reduce to such extent the
annual numerical limitation in effect for the following fiscal
year.
1980 - Subsec. (a). Pub. L. 96-212 inserted provisions relating
to aliens admitted or granted asylums under section 1157 or 1158 of
this title, struck out provisions relating to aliens entering
conditionally under section 1153(a)(7) of this title, and decreased
the authorized number from seventy-seven thousand to seventy-two
thousand in each of the first three-quarters of any fiscal year,
and from two hundred and ninety thousand to two hundred and seventy
thousand in any fiscal year as the maximum number of admissions for
such periods.
1978 - Subsec. (a). Pub. L. 95-412 substituted provisions
establishing a single worldwide annual immigration ceiling of
290,000 aliens and limiting to 77,000 the number of aliens subject
to such ceiling which may be admitted in each of the first three
quarters of any fiscal year for provisions establishing separate
annual immigration ceilings of 170,000 aliens for the Eastern
Hemisphere and 120,000 aliens for the Western Hemisphere and
limiting to 45,000 the number of aliens subject to the Eastern
Hemisphere ceiling and to 32,000 the number of aliens subject to
the Western Hemisphere ceiling which may be admitted in the first
three quarters of any fiscal year.
1976 - Subsec. (a). Pub. L. 94-571, Sec. 2(1), in amending
subsec. (a) generally, designated existing provisions as cl. (1)
limited to aliens born in any foreign state or dependent area
located in the Eastern Hemisphere and added cl. (2).
Subsecs. (c) to (e). Pub. L. 94-571, Sec. 2(2), struck out
subsec. (c) which provided for determination of unused quota
numbers, subsec. (d) which provided for an immigration pool,
limitation on total numbers, and allocations therefrom, and subsec.
(e) which provided for termination of immigration pool on June 30,
1968, and for carryover of admissible immigrants.
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting
up a 170,000 maximum on total annual immigration and 45,000 maximum
on total quarterly immigration without regard to national origins,
for provisions setting an annual quota for quota areas which
allowed admission of one-sixth of one per centum of portion of
national population of continental United States in 1920
attributable by national origin of that quota area and setting a
minimum quota of 100 for each quota area.
Subsec. (b). Pub. L. 89-236 substituted provisions defining
''immediate relatives'' for provisions calling for a determination
of annual quota for each quota area by Secretaries of State and
Commerce and Attorney General, and proclamation of quotas by
President.
Subsec. (c). Pub. L. 89-236 substituted provisions allowing
carryover through June 30, 1968, of quotas for quota areas in
effect on June 30, 1965, and redistribution of unused quota
numbers, for provisions which limited issuance of immigrant visas.
Subsec. (d). Pub. L. 89-236 substituted provisions creating an
immigration pool and allocating its numbers without reference to
the quotas to which an alien is chargeable, for provisions allowing
issuance of an immigrant visa to an immigrant as a quota immigrant
even though he might be a nonquota immigrant.
Subsec. (e). Pub. L. 89-236 substituted provisions terminating
the immigration pool on June 30, 1968, for provisions permitting
reduction of annual quotas based on national origins pursuant to
Act of Congress prior to effective date of proclaimed quotas.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(5), (g)(8)(A)(i) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103-416 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 219(dd) of Pub. L. 103-416, set out as a note under section
1101 of this title.
Section 40701(d) of Pub. L. 103-322 provided that: ''The
amendments made by this section (amending this section and section
1154 of this title) shall take effect January 1, 1995.''
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
applicable beginning with fiscal year 1992, see section 161(a) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-212 effective, except as otherwise
provided, Mar. 17, 1980, and applicable to fiscal years beginning
with the fiscal year beginning Oct. 1, 1979, see section 204 of
Pub. L. 96-212, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
Section 20 of Pub. L. 89-236 provided that: ''This Act (amending
this section and sections 1101, 1152 to 1156, 1181, 1182, 1201,
1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this
title, repealing section 1157 of this title, and enacting
provisions set out as a note under this section) shall become
effective on the first day of the first month after the expiration
of thirty days following the date of its enactment (Oct. 3, 1965)
except as provided herein.''
TEMPORARY REDUCTION IN DIVERSITY VISAS
Pub. L. 105-100, title II, Sec. 203(d), Nov. 19, 1997, 111 Stat.
2199, as amended by Pub. L. 105-139, Sec. 1(d), Dec. 2, 1997, 111
Stat. 2644, provided that:
''(1) Beginning in fiscal year 1999, subject to paragraph (2),
the number of visas available for a fiscal year under section
201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e))
shall be reduced by 5,000 from the number of visas otherwise
available under that section for such fiscal year.
''(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which -
''(A) one-half of the total number of individuals described in
subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Pub. L. 104-208, set out as a note under section
1101 of this title) who have adjusted their status to that of
aliens lawfully admitted for permanent residence under the
Nicaraguan Adjustment and Central American Relief Act (title II
of Pub. L. 105-100, see Short Title of 1997 Amendments note set
out under section 1101 of this title) as of the end of the
previous fiscal year; exceeds
''(B) the total of the reductions in available visas under this
subsection for all previous fiscal years.''
TRANSITION RELATING TO DEATH OF CITIZEN SPOUSE
Section 101(c) of Pub. L. 101-649, as added by Pub. L. 102-232,
title III, Sec. 302(a)(2), Dec. 12, 1991, 105 Stat. 1742, provided
that: ''In applying the second sentence of section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
(as amended by subsection (a)) in the case of a (sic) alien whose
citizen spouse died before the date of the enactment of this Act
(Nov. 29, 1990), notwithstanding the deadline specified in such
sentence the alien spouse may file the classification petition
referred to in such sentence within 2 years after the date of the
enactment of this Act.''
INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS
RESIDING IN THE UNITED STATES VIRGIN ISLANDS
The numerical limitations described in subsec. (a) of this
section not to apply in the case of certain aliens residing in the
Virgin Islands seeking adjustment of their status to permanent
resident alien status, and such adjustment of status not to result
in any reduction in the number of aliens who may acquire the status
of aliens lawfully admitted to the United States for permanent
residence under this chapter, see section 2(c)(1) of Pub. L.
97-271, set out as a note under section 1255 of this title.
EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED
FOR ADJUSTMENT TO STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE
JUNE 1, 1978
Section 19 of Pub. L. 97-116 provided that: ''The numerical
limitations contained in sections 201 and 202 of the Immigration
and Nationality Act (sections 1151 and 1152 of this title) shall
not apply to any alien who is present in the United States and who,
on or before June 1, 1978 -
''(1) qualified as a nonpreference immigrant under section
203(a)(8) of such Act (section 1153(a)(8) of this title) (as in
effect on June 1, 1978);
''(2) was determined to be exempt from the labor certification
requirement of section 212(a)(14) of such Act (former section
1182(a)(14) of this title) because the alien had actually
invested, before such date, capital in an enterprise in the
United States of which the alien became a principal manager and
which employed a person or persons (other than the spouse or
children of the alien) who are citizens of the United States or
aliens lawfully admitted for permanent residence; and
''(3) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence.''
SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY
Section 4 of Pub. L. 95-412, as amended by Pub. L. 96-132, Sec.
23, Nov. 30, 1979, 93 Stat. 1051, provided for the establishment of
a Select Commission on Immigration and Refugee Policy to study and
evaluate existing laws, policies, and procedures governing the
admission of immigrants and refugees to the United States, to make
such administrative and legislative recommendations to the
President and Congress as appropriate, and to submit a final report
no later than Mar. 1, 1981, at which time it ceased to exist
although it was authorized to function for up to 60 days thereafter
to wind up its affairs.
SELECT COMMISSION ON WESTERN HEMISPHERE IMMIGRATION
Section 21(a)-(d) and (f)-(h) of Pub. L. 89-236 established a
Select Commission on Western Hemisphere Immigration to study the
operation of the immigration laws of the United States as they
pertain to Western Hemisphere nations, with emphasis on the
adequacy of such laws from the standpoint of fairness and the
impact of such laws on employment and working conditions within the
United States, and to make a final report to the President on or
before Jan. 15, 1968, and terminate not later than 60 days after
filing the final report.
TERMINATION OF QUOTA DEDUCTIONS
Section 10 of Pub. L. 85-316, Sept. 11, 1957, 71 Stat. 642,
provided that the quota deductions required under the provisions of
former subsec. (e) of this section, the Displaced Persons Act of
1948, as amended, the act of June 30, 1950, and the act of April 9,
1952 were terminated effective July 1, 1957.
-CROSS-
CROSS REFERENCES
Definition of immigrant, immigrant visa, and national, see
section 1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1152, 1153, 1154,
1160, 1182, 1186a, 1255, 1255a of this title.
-CITE-
8 USC Sec. 1151a 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1151a. Repealed. Pub. L. 94-571, Sec. 7(g), Oct. 20, 1976, 90
Stat. 2706
-MISC1-
Section, Pub. L. 89-236, Sec. 21(e), Oct. 3, 1965, 79 Stat. 921,
limited total number of special immigrants under section
1101(a)(27)(A) of this title, less certain exclusions, to 120,000
for fiscal years beginning July 1, 1968, or later.
EFFECTIVE DATE OF REPEAL
Repeal effective on first day of first month which begins more
than 60 days after Oct. 20, 1976, see section 10 of Pub. L. 94-571,
set out as an Effective Date of 1976 Amendment note under section
1101 of this title.
-CITE-
8 USC Sec. 1152 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1152. Numerical limitations on individual foreign states
-STATUTE-
(a) Per country level
(1) Nondiscrimination
(A) Except as specifically provided in paragraph (2) and in
sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title,
no person shall receive any preference or priority or be
discriminated against in the issuance of an immigrant visa
because of the person's race, sex, nationality, place of birth,
or place of residence.
(B) Nothing in this paragraph shall be construed to limit the
authority of the Secretary of State to determine the procedures
for the processing of immigrant visa applications or the
locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based
immigrants
Subject to paragraphs (3) and (4), the total number of
immigrant visas made available to natives of any single foreign
state or dependent area under subsections (a) and (b) of section
1153 of this title in any fiscal year may not exceed 7 percent
(in the case of a single foreign state) or 2 percent (in the case
of a dependent area) of the total number of such visas made
available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to
one or more foreign states or dependent areas, the total number
of visas available under both subsections (a) and (b) of section
1153 of this title for a calendar quarter exceeds the number of
qualified immigrants who otherwise may be issued such a visa,
paragraph (2) shall not apply to visas made available to such
states or areas during the remainder of such calendar quarter.
(4) Special rules for spouses and children of lawful permanent
resident aliens
(A) 75 percent of 2nd preference set-aside for spouses and
children not subject to per country limitation
(i) In general
Of the visa numbers made available under section 1153(a) of
this title to immigrants described in section 1153(a)(2)(A)
of this title in any fiscal year, 75 percent of the 2-A floor
(as defined in clause (ii)) shall be issued without regard to
the numerical limitation under paragraph (2).
(ii) ''2-A floor'' defined
In this paragraph, the term ''2-A floor'' means, for a
fiscal year, 77 percent of the total number of visas made
available under section 1153(a) of this title to immigrants
described in section 1153(a)(2) of this title in the fiscal
year.
(B) Treatment of remaining 25 percent for countries subject to
subsection (e)
(i) In general
Of the visa numbers made available under section 1153(a) of
this title to immigrants described in section 1153(a)(2)(A)
of this title in any fiscal year, the remaining 25 percent of
the 2-A floor shall be available in the case of a state or
area that is subject to subsection (e) of this section only
to the extent that the total number of visas issued in
accordance with subparagraph (A) to natives of the foreign
state or area is less than the subsection (e) ceiling (as
defined in clause (ii)).
(ii) ''Subsection (e) ceiling'' defined
In clause (i), the term ''subsection (e) ceiling'' means,
for a foreign state or dependent area, 77 percent of the
maximum number of visas that may be made available under
section 1153(a) of this title to immigrants who are natives
of the state or area under section 1153(a)(2) of this title
consistent with subsection (e) of this section.
(C) Treatment of unmarried sons and daughters in countries
subject to subsection (e)
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, the number of immigrant
visas that may be made available to natives of the state or
area under section 1153(a)(2)(B) of this title may not exceed -
(i) 23 percent of the maximum number of visas that may be
made available under section 1153(a) of this title to
immigrants of the state or area described in section
1153(a)(2) of this title consistent with subsection (e) of
this section, or
(ii) the number (if any) by which the maximum number of
visas that may be made available under section 1153(a) of
this title to immigrants of the state or area described in
section 1153(a)(2) of this title consistent with subsection
(e) of this section exceeds the number of visas issued under
section 1153(a)(2)(A) of this title,
whichever is greater.
(D) Limiting pass down for certain countries subject to
subsection (e)
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, if the total number of
visas issued under section 1153(a)(2) of this title exceeds the
maximum number of visas that may be made available to
immigrants of the state or area under section 1153(a)(2) of
this title consistent with subsection (e) of this section
(determined without regard to this paragraph), in applying
paragraphs (3) and (4) of section 1153(a) of this title under
subsection (e)(2) of this section all visas shall be deemed to
have been required for the classes specified in paragraphs (1)
and (2) of such section.
(b) Rules for chargeability
Each independent country, self-governing dominion, mandated
territory, and territory under the international trusteeship system
of the United Nations, other than the United States and its
outlying possessions, shall be treated as a separate foreign state
for the purposes of a numerical level established under subsection
(a)(2) of this section when approved by the Secretary of State. All
other inhabited lands shall be attributed to a foreign state
specified by the Secretary of State. For the purposes of this
chapter the foreign state to which an immigrant is chargeable shall
be determined by birth within such foreign state except that (1) an
alien child, when accompanied by or following to join his alien
parent or parents, may be charged to the foreign state of either
parent if such parent has received or would be qualified for an
immigrant visa, if necessary to prevent the separation of the child
from the parent or parents, and if immigration charged to the
foreign state to which such parent has been or would be chargeable
has not reached a numerical level established under subsection
(a)(2) of this section for that fiscal year; (2) if an alien is
chargeable to a different foreign state from that of his spouse,
the foreign state to which such alien is chargeable may, if
necessary to prevent the separation of husband and wife, be
determined by the foreign state of the spouse he is accompanying or
following to join, if such spouse has received or would be
qualified for an immigrant visa and if immigration charged to the
foreign state to which such spouse has been or would be chargeable
has not reached a numerical level established under subsection
(a)(2) of this section for that fiscal year; (3) an alien born in
the United States shall be considered as having been born in the
country of which he is a citizen or subject, or, if he is not a
citizen or subject of any country, in the last foreign country in
which he had his residence as determined by the consular officer;
and (4) an alien born within any foreign state in which neither of
his parents was born and in which neither of his parents had a
residence at the time of such alien's birth may be charged to the
foreign state of either parent.
(c) Chargeability for dependent areas
Any immigrant born in a colony or other component or dependent
area of a foreign state overseas from the foreign state, other than
an alien described in section 1151(b) of this title, shall be
chargeable for the purpose of the limitation set forth in
subsection (a) of this section, to the foreign state.
(d) Changes in territory
In the case of any change in the territorial limits of foreign
states, the Secretary of State shall, upon recognition of such
change issue appropriate instructions to all diplomatic and
consular offices.
(e) Special rules for countries at ceiling
If it is determined that the total number of immigrant visas made
available under subsections (a) and (b) of section 1153 of this
title to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) of
this section in any fiscal year, in determining the allotment of
immigrant visa numbers to natives under subsections (a) and (b) of
section 1153 of this title, visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable
and otherwise consistent with this section and section 1153 of this
title) in a manner so that -
(1) the ratio of the visa numbers made available under section
1153(a) of this title to the visa numbers made available under
section 1153(b) of this title is equal to the ratio of the
worldwide level of immigration under section 1151(c) of this
title to such level under section 1151(d) of this title;
(2) except as provided in subsection (a)(4) of this section,
the proportion of the visa numbers made available under each of
paragraphs (1) through (4) of section 1153(a) of this title is
equal to the ratio of the total number of visas made available
under the respective paragraph to the total number of visas made
available under section 1153(a) of this title, and
(3) the proportion of the visa numbers made available under
each of paragraphs (1) through (5) of section 1153(b) of this
title is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of
visas made available under section 1153(b) of this title.
Nothing in this subsection shall be construed as limiting the
number of visas that may be issued to natives of a foreign state or
dependent area under section 1153(a) or 1153(b) of this title if
there is insufficient demand for visas for such natives under
section 1153(b) or 1153(a) of this title, respectively, or as
limiting the number of visas that may be issued under section
1153(a)(2)(A) of this title pursuant to subsection (a)(4)(A) of
this section.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 202, 66 Stat. 176;
Pub. L. 87-301, Sec. 9, Sept. 26, 1961, 75 Stat. 654; Pub. L.
89-236, Sec. 2, Oct. 3, 1965, 79 Stat. 911; Pub. L. 94-571, Sec. 3,
Oct. 20, 1976, 90 Stat. 2703; Pub. L. 95-412, Sec. 2, Oct. 5, 1978,
92 Stat. 907; Pub. L. 96-212, title II, Sec. 203(b), Mar. 17, 1980,
94 Stat. 107; Pub. L. 97-116, Sec. 18(c), 20(b), Dec. 29, 1981, 95
Stat. 1620, 1622; Pub. L. 99-603, title III, Sec. 311(a), Nov. 6,
1986, 100 Stat. 3434; Pub. L. 99-653, Sec. 4, Nov. 14, 1986, 100
Stat. 3655; Pub. L. 100-525, Sec. 8(c), 9(f), Oct. 24, 1988, 102
Stat. 2617, 2620; Pub. L. 101-649, title I, Sec. 102, Nov. 29,
1990, 104 Stat. 4982; Pub. L. 102-232, title III, Sec. 302(a)(3),
Dec. 12, 1991, 105 Stat. 1742; Pub. L. 104-208, div. C, title VI,
Sec. 633, Sept. 30, 1996, 110 Stat. 3009-701.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-208 designated existing
provisions as subpar. (A) and added subpar. (B).
1991 - Subsec. (a)(4)(A). Pub. L. 102-232 struck out ''minimum''
before ''2nd preference set-aside'' in heading.
1990 - Subsec. (a). Pub. L. 101-649, Sec. 102(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
''No person shall receive any preference or priority or be
discriminated against in the issuance of an immigrant visa because
of his race, sex, nationality, place of birth, or place of
residence, except as specifically provided in sections 1101(a)(27),
1151(b), and 1153 of this title: Provided, That the total number of
immigrant visas made available to natives of any single foreign
state under paragraphs (1) through (7) of section 1153(a) of this
title shall not exceed 20,000 in any fiscal year: And provided
further, That to the extent that in a particular fiscal year the
number of such natives who are issued immigrant visas or who may
otherwise acquire the status of aliens lawfully admitted for
permanent residence and who are subject to the numerical
limitations of this section, together with the aliens from the same
foreign state who adjust their status to aliens lawfully admitted
for permanent residence pursuant to subparagraph (H) of section
1101(a)(27) of this title or section 19 of the Immigration and
Nationality Amendments Act of 1981, exceed the numerical limitation
in effect for such year pursuant to this section, the Secretary of
State shall reduce to such extent the numerical limitation in
effect for the natives of the same foreign state pursuant to this
section for the following fiscal year.''
Subsec. (b). Pub. L. 101-649, Sec. 102(2), inserted heading and
substituted reference to numerical level established under subsec.
(a)(2) of this section for reference to numerical limitation set
forth in proviso to subsec. (a) of this section, wherever
appearing.
Subsec. (c). Pub. L. 101-649, Sec. 102(3), inserted heading and
substituted ''an alien described in section 1151(b) of this title''
for ''a special immigrant, as defined in section 1101(a)(27) of
this title, or an immediate relative of a United States citizen, as
defined in section 1151(b) of this title'' and struck out '', and
the number of immigrant visas available to each such colony or
other component or dependent area shall not exceed 5,000 in any one
fiscal year'' after ''to the foreign state''.
Subsec. (d). Pub. L. 101-649, Sec. 102(4), inserted heading.
Subsec. (e). Pub. L. 101-649, Sec. 102(5), amended subsec. (e)
generally, substituting provisions relating to special rules for
countries at ceiling for provisions relating to availability and
allocation of additional visas.
1988 - Subsec. (b). Pub. L. 100-525, Sec. 8(c), amended Pub. L.
99-653, Sec. 4. See 1986 Amendment note below.
Subsec. (c). Pub. L. 100-525, Sec. 9(f)(1), substituted
''subsection (a)'' for ''section 202(a)'' in original, which for
purposes of codification had been translated as ''subsection (a) of
this section''.
Subsec. (e). Pub. L. 100-525, Sec. 9(f)(2), substituted ''this
section'' for ''section 202'' in original, which for purposes of
codification had been translated as ''this section''.
1986 - Subsec. (b). Pub. L. 99-653, as amended by Pub. L.
100-525, Sec. 8(c), amended subsec. (b) generally, substituting
''outlying possessions, shall'' for ''outlying possessions shall'',
in cl. (1) substituting ''when accompanied by or following to join
his alien'' for ''when accompanied by his alien'', ''charged to the
foreign state of either parent'' for ''charged to the same foreign
state as the accompanying parent or of either accompanying
parent'', ''from the parent'' for ''from the accompanying parent'',
''and if immigration charged to the foreign state to which such
parent has been or would be chargeable has not reached the
numerical'' for ''and if the foreign state to which such parent has
been or would be chargeable has not exceeded the numerical'', in
cl. (2) substituting ''of his spouse'' for ''of his accompanying
spouse'', ''of the spouse he is accompanying or following to join''
for ''of the accompanying spouse'', ''and if immigration charged to
the foreign state to which such spouse has been or would be
chargeable has not reached the numerical'' for ''and if the foreign
state to which such spouse has been or would be chargeable has not
exceeded the numerical'', and in cl. (3) substituting ''subject,
or, if'' for ''subject, or if'' and ''country, in'' for ''country
then in''.
Subsec. (c). Pub. L. 99-603, Sec. 311(a)(1), substituted
''5,000'' for ''six hundred''.
Subsec. (e). Pub. L. 99-603, Sec. 311(a)(2), substituted
''5,000'' for ''600'' in provisions preceding par. (1).
1981 - Subsec. (a). Pub. L. 97-116, Sec. 20(b), inserted proviso
authorizing Secretary of State, to the extent that in a particular
fiscal year the number of natives who are issued visas or who
otherwise acquire the status of aliens lawfully admitted for
permanent residence, and who are subject to the numerical
limitation of this section, together with the aliens from the same
foreign state who adjust their status to aliens lawfully admitted
for permanent residence pursuant to section 1101(a)(27)(H) of this
title and section 19 of the Immigration and Nationality Amendments
of 1981, exceed the annual numerical limitation in effect for such
year, to reduce to such extent the numerical limitation in effect
for the natives of the same foreign state for the following fiscal
year.
Subsec. (b). Pub. L. 97-116, Sec. 18(c), inserted ''and'' before
''(4)''.
1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(b)(1), (2),
substituted ''through (7)'' for ''through (8)'', and struck out
''and the number of conditional entries'' after ''visas''.
Subsec. (e). Pub. L. 96-212, Sec. 203(b)(3)-(7), in introductory
text struck out provisions relating to applicability to conditional
entries, in par. (2) substituted ''(26)'' for ''(20)'', struck out
par. (7) relating to availability of conditional entries, and
redesignated par. (8) as (7) and substituted ''through (6)'' for
''through (7)''.
1978 - Subsec. (c). Pub. L. 95-412 substituted ''limitation set
forth in subsection (a) of this section, to the foreign state,''
for ''limitations set forth in section 1151(a) and subsection (a)
of this section, to the hemisphere in which such colony or other
component or dependent area is located, and to the foreign state,
respectively,'' and ''six hundred'' for ''600''.
1976 - Subsec. (a). Pub. L. 94-571, Sec. 3(1), struck out last
proviso which read: ''Provided further, That the foregoing proviso
shall not operate to reduce the number of immigrants who may be
admitted under the quota of any quota area before June 30, 1968''.
Subsec. (c). Pub. L. 94-571, Sec. 3(2), in revising provisions,
substituted ''overseas from the foreign state, other than a special
immigrant, as defined in section 1101(a)(27) of this title, or an
immediate relative of a United States citizen, as defined in
section 1151(b) of this title, shall be chargeable for the purpose
of the limitations set forth in section 1151(a) of this title and
subsection (a) of this section, to the hemisphere in which such
colony or other component or dependent area is located, and to the
foreign state, respectively, and the number of immigrant visas
available to each such colony or other component or dependent area
shall not exceed 600 in any one fiscal year'' for ''unless a
special immigrant as provided in section 1101(a)(27) of this title
or an immediate relative of a United States citizen as specified in
section 1151(b) of this title, shall be chargeable, for the purpose
of limitation set forth in subsection (a) of this section, to the
foreign state, except that the number of persons born in any such
colony or other component or dependent area overseas from the
foreign state chargeable to the foreign state in any one fiscal
year shall not exceed 1 per centum of the maximum number of
immigrant visas available to such foreign state''.
Subsec. (e). Pub. L. 94-571, Sec. 3(3), added subsec. (e).
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions
prohibiting preferences or priorities or discrimination in the
issuance of an immigrant visa because of race, sex, nationality,
place of birth, or place of residence, setting a limit of 20,000
per year on the total number of entries available to natives of any
single foreign state, and prohibiting the 20,000 limitation from
reducing the number of immigrants under the quota of any quota area
before June 30, 1968, for provisions calling for the charging of
immigrants, with certain exceptions, to the annual quota of the
quota area of his birth.
Subsec. (b). Pub. L. 89-236 substituted provisions calling for
treatment of each independent country, self-governing dominion,
mandated territory, and trusteeship territory as a separate foreign
state for purposes of determining the numerical limitation imposed
on each foreign state, and chargeability of immigrants to the
country of their birth except where such chargeability would cause
the family unit to be divided, for provisions setting up the
Asia-Pacific triangle and providing for the special treatment of
quota chargeability thereunder on the basis of racial ancestry.
Subsec. (c). Pub. L. 89-236 substituted provisions making
immigrants born in colonies or other component or dependent areas
of a foreign state chargeable to the foreign state and placing a
limitation on the number of such immigrants of 1 per centum of the
maximum number of visas available to the foreign state, for
provisions making immigrants born in colonies for which no specific
quota are set chargeable to the governing country and placing a
limit of 100 on such immigrants from each governing country each
year, with special application to the Asia-Pacific triangle.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring
Secretary of State, upon a change in the territorial limits of
foreign states, to issue appropriate instructions to all diplomatic
and consular offices, for provisions that the terms of an
immigration quota for a quota area do not constitute recognition of
the transfer of territory or of a government not recognized by the
United States.
Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which allowed
revision of quotas.
1961 - Subsec. (e). Pub. L. 87-301 provided that if an area
undergoes a change of administrative arrangements, boundaries, or
other political change, the annual quota of the newly established
area, or the visas authorized to be issued shall not be less than
the total of quotas in effect or visas authorized for the area
immediately preceding the change, and deleted provisions which in
the event of an increase in minimum quota areas above twenty in the
Asia-Pacific triangle, would proportionately decrease each quota of
the area so the sum of all area quotas did not exceed two thousand.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
applicable beginning with fiscal year 1992, see section 161(a) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(c) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
L. 102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-653 applicable to visas issued, and
admissions occurring, on or after Nov. 14, 1986, see section 23(a)
of Pub. L. 99-653, set out as a note under section 1101 of this
title.
Section 311(b) of Pub. L. 99-603 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to
fiscal years beginning after the date of the enactment of this Act
(Nov. 6, 1986).''
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-212 effective, except as otherwise
provided, Apr. 1, 1980, see section 204 of Pub. L. 96-212, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS
Section 103 of Pub. L. 101-649 provided that: ''The approval
referred to in the first sentence of section 202(b) of the
Immigration and Nationality Act (8 U.S.C. 1152(b)) shall be
considered to have been granted, effective beginning with fiscal
year 1991, with respect to Hong Kong as a separate foreign state,
and not as a colony or other component or dependent area of another
foreign state, except that the total number of immigrant visas made
available to natives of Hong Kong under subsections (a) and (b) of
section 203 of such Act (8 U.S.C. 1153(a), (b)) in each of fiscal
years 1991, 1992, and 1993 may not exceed 10,000.''
(Section 103 of Pub. L. 101-649 effective Nov. 29, 1990, and
(unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.)
INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS
RESIDING IN THE UNITED STATES VIRGIN ISLANDS
The numerical limitations described in text not to apply in the
case of certain aliens residing in the Virgin Islands seeking
adjustment of their status to permanent resident alien status, and
such adjustment of status not to result in any reduction in the
number of aliens who may acquire the status of aliens lawfully
admitted to the United States for permanent residence under this
chapter, see section 2(c)(1) of Pub. L. 97-271, set out as a note
under section 1255 of this title.
EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED
FOR ADJUSTMENT TO STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE
JUNE 1, 1978
For provisions rendering inapplicable the numerical limitations
contained in this section to certain aliens who had applied for
adjustment to the status of permanent resident alien on or before
June 1, 1978, see section 19 of Pub. L. 97-116, set out as a note
under section 1151 of this title.
APPROVAL BY SECRETARY OF STATE TREATING TAIWAN (CHINA) AS SEPARATE
FOREIGN STATE FOR PURPOSES OF NUMERICAL LIMITATION ON IMMIGRANT
VISAS
Pub. L. 97-113, title VII, Sec. 714, Dec. 29, 1981, 95 Stat.
1548, provided that: ''The approval referred to in the first
sentence of section 202(b) of the Immigration and Nationality Act
(subsec. (b) of this section) shall be considered to have been
granted with respect to Taiwan (China).''
-CROSS-
CROSS REFERENCES
Definition of alien, Attorney General, child, consular officer,
immigrant, immigrant visa, outlying possessions of the United
States, parent, residence, spouse, wife, or husband, and United
States, see section 1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1153, 1160, 1255, 1255a,
1255b of this title; title 22 section 3303.
-CITE-
8 USC Sec. 1153 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1153. Allocation of immigrant visas
-STATUTE-
(a) Preference allocation for family-sponsored immigrants
Aliens subject to the worldwide level specified in section
1151(c) of this title for family-sponsored immigrants shall be
allotted visas as follows:
(1) Unmarried sons and daughters of citizens
Qualified immigrants who are the unmarried sons or daughters of
citizens of the United States shall be allocated visas in a
number not to exceed 23,400, plus any visas not required for the
class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of
permanent resident aliens
Qualified immigrants -
(A) who are the spouses or children of an alien lawfully
admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but
are not the children) of an alien lawfully admitted for
permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus
the number (if any) by which such worldwide level exceeds
226,000, plus any visas not required for the class specified in
paragraph (1); except that not less than 77 percent of such visa
numbers shall be allocated to aliens described in subparagraph
(A).
(3) Married sons and married daughters of citizens
Qualified immigrants who are the married sons or married
daughters of citizens of the United States shall be allocated
visas in a number not to exceed 23,400, plus any visas not
required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens
Qualified immigrants who are the brothers or sisters of
citizens of the United States, if such citizens are at least 21
years of age, shall be allocated visas in a number not to exceed
65,000, plus any visas not required for the classes specified in
paragraphs (1) through (3).
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section
1151(d) of this title for employment-based immigrants in a fiscal
year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed
28.6 percent of such worldwide level, plus any visas not required
for the classes specified in paragraphs (4) and (5), to qualified
immigrants who are aliens described in any of the following
subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences,
arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim
and whose achievements have been recognized in the field
through extensive documentation,
(ii) the alien seeks to enter the United States to continue
work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will
substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding
in a specific academic area,
(ii) the alien has at least 3 years of experience in
teaching or research in the academic area, and
(iii) the alien seeks to enter the United States -
(I) for a tenured position (or tenure-track position)
within a university or institution of higher education to
teach in the academic area,
(II) for a comparable position with a university or
institution of higher education to conduct research in the
area, or
(III) for a comparable position to conduct research in
the area with a department, division, or institute of a
private employer, if the department, division, or institute
employs at least 3 persons full-time in research activities
and has achieved documented accomplishments in an academic
field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in
the 3 years preceding the time of the alien's application for
classification and admission into the United States under this
subparagraph, has been employed for at least 1 year by a firm
or corporation or other legal entity or an affiliate or
subsidiary thereof and the alien seeks to enter the United
States in order to continue to render services to the same
employer or to a subsidiary or affiliate thereof in a capacity
that is managerial or executive.
(2) Aliens who are members of the professions holding advanced
degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required
for the classes specified in paragraph (1), to qualified
immigrants who are members of the professions holding advanced
degrees or their equivalent or who because of their exceptional
ability in the sciences, arts, or business, will substantially
benefit prospectively the national economy, cultural or
educational interests, or welfare of the United States, and
whose services in the sciences, arts, professions, or business
are sought by an employer in the United States.
(B) Waiver of job offer
The Attorney General may, when he deems it to be in the
national interest, waive the requirement of subparagraph (A)
that an alien's services in the sciences, arts, professions, or
business be sought by an employer in the United States.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant
has exceptional ability, the possession of a degree, diploma,
certificate, or similar award from a college, university,
school, or other institution of learning or a license to
practice or certification for a particular profession or
occupation shall not by itself be considered sufficient
evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required
for the classes specified in paragraphs (1) and (2), to the
following classes of aliens who are not described in paragraph
(2):
(i) Skilled workers
Qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing skilled labor (requiring at least 2 years training
or experience), not of a temporary or seasonal nature, for
which qualified workers are not available in the United
States.
(ii) Professionals
Qualified immigrants who hold baccalaureate degrees and who
are members of the professions.
(iii) Other workers
Other qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing unskilled labor, not of a temporary or seasonal
nature, for which qualified workers are not available in the
United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this
paragraph in any fiscal year may be available for qualified
immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under
subparagraph (A) until the consular officer is in receipt of a
determination made by the Secretary of Labor pursuant to the
provisions of section 1182(a)(5)(A) of this title.
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1
percent of such worldwide level, to qualified special immigrants
described in section 1101(a)(27) of this title (other than those
described in subparagraph (A) or (B) thereof), of which not more
than 5,000 may be made available in any fiscal year to special
immigrants described in subclause (II) or (III) of section
1101(a)(27)(C)(ii) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1
percent of such worldwide level, to qualified immigrants
seeking to enter the United States for the purpose of engaging
in a new commercial enterprise -
(i) which the alien has established,
(ii) in which such alien has invested (after November 29,
1990) or, is actively in the process of investing, capital in
an amount not less than the amount specified in subparagraph
(C), and
(iii) which will benefit the United States economy and
create full-time employment for not fewer than 10 United
States citizens or aliens lawfully admitted for permanent
residence or other immigrants lawfully authorized to be
employed in the United States (other than the immigrant and
the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas
(i) In general
Not less than 3,000 of the visas made available under this
paragraph in each fiscal year shall be reserved for qualified
immigrants who establish a new commercial enterprise
described in subparagraph (A) which will create employment in
a targeted employment area.
(ii) ''Targeted employment area'' defined
In this paragraph, the term ''targeted employment area''
means, at the time of the investment, a rural area or an area
which has experienced high unemployment (of at least 150
percent of the national average rate).
(iii) ''Rural area'' defined
In this paragraph, the term ''rural area'' means any area
other than an area within a metropolitan statistical area or
within the outer boundary of any city or town having a
population of 20,000 or more (based on the most recent
decennial census of the United States).
(C) Amount of capital required
(i) In general
Except as otherwise provided in this subparagraph, the
amount of capital required under subparagraph (A) shall be
$1,000,000. The Attorney General, in consultation with the
Secretary of Labor and the Secretary of State, may from time
to time prescribe regulations increasing the dollar amount
specified under the previous sentence.
(ii) Adjustment for targeted employment areas
The Attorney General may, in the case of investment made in
a targeted employment area, specify an amount of capital
required under subparagraph (A) that is less than (but not
less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas
In the case of an investment made in a part of a
metropolitan statistical area that at the time of the
investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly
below the national average unemployment rate,
the Attorney General may specify an amount of capital required
under subparagraph (A) that is greater than (but not greater
than 3 times) the amount specified in clause (i).
(6) Special rules for ''K'' special immigrants
(A) Not counted against numerical limitation in year involved
Subject to subparagraph (B), the number of immigrant visas
made available to special immigrants under section
1101(a)(27)(K) of this title in a fiscal year shall not be
subject to the numerical limitations of this subsection or of
section 1152(a) of this title.
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant classifications
The number of visas made available in any fiscal year under
paragraphs (1), (2), and (3) shall each be reduced by 1/3 of
the number of visas made available in the previous fiscal
year to special immigrants described in section
1101(a)(27)(K) of this title.
(ii) Reduction in per country level
The number of visas made available in each fiscal year to
natives of a foreign state under section 1152(a) of this
title shall be reduced by the number of visas made available
in the previous fiscal year to special immigrants described
in section 1101(a)(27)(K) of this title who are natives of
the foreign state.
(iii) Reduction in employment-based immigrant classifications
within per country ceiling
In the case of a foreign state subject to section 1152(e)
of this title in a fiscal year (and in the previous fiscal
year), the number of visas made available and allocated to
each of paragraphs (1) through (3) of this subsection in the
fiscal year shall be reduced by 1/3 of the number of visas
made available in the previous fiscal year to special
immigrants described in section 1101(a)(27)(K) of this title
who are natives of the foreign state.
(c) Diversity immigrants
(1) In general
Except as provided in paragraph (2), aliens subject to the
worldwide level specified in section 1151(e) of this title for
diversity immigrants shall be allotted visas each fiscal year as
follows:
(A) Determination of preference immigration
The Attorney General shall determine for the most recent
previous 5-fiscal-year period for which data are available, the
total number of aliens who are natives of each foreign state
and who (i) were admitted or otherwise provided lawful
permanent resident status (other than under this subsection)
and (ii) were subject to the numerical limitations of section
1151(a) of this title (other than paragraph (3) thereof) or who
were admitted or otherwise provided lawful permanent resident
status as an immediate relative or other alien described in
section 1151(b)(2) of this title.
(B) Identification of high-admission and low-admission regions
and high-admission and low-admission states
The Attorney General -
(i) shall identify -
(I) each region (each in this paragraph referred to as a
''high-admission region'') for which the total of the
numbers determined under subparagraph (A) for states in the
region is greater than 1/6 of the total of all such
numbers, and
(II) each other region (each in this paragraph referred
to as a ''low-admission region''); and
(ii) shall identify -
(I) each foreign state for which the number determined
under subparagraph (A) is greater than 50,000 (each such
state in this paragraph referred to as a ''high-admission
state''), and
(II) each other foreign state (each such state in this
paragraph referred to as a ''low-admission state'').
(C) Determination of percentage of worldwide immigration
attributable to high-admission regions
The Attorney General shall determine the percentage of the
total of the numbers determined under subparagraph (A) that are
numbers for foreign states in high-admission regions.
(D) Determination of regional populations excluding
high-admission states and ratios of populations of regions
within low-admission regions and high-admission regions
The Attorney General shall determine -
(i) based on available estimates for each region, the total
population of each region not including the population of any
high-admission state;
(ii) for each low-admission region, the ratio of the
population of the region determined under clause (i) to the
total of the populations determined under such clause for all
the low-admission regions; and
(iii) for each high-admission region, the ratio of the
population of the region determined under clause (i) to the
total of the populations determined under such clause for all
the high-admission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission states
The percentage of visas made available under this paragraph
to natives of a high-admission state is 0.
(ii) For low-admission states in low-admission regions
Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than
natives of a high-admission state) in a low-admission region
is the product of -
(I) the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined
under subparagraph (D)(ii).
(iii) For low-admission states in high-admission regions
Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than
natives of a high-admission state) in a high-admission region
is the product of -
(I) 100 percent minus the percentage determined under
subparagraph (C), and
(II) the population ratio for that region determined
under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers
If the Secretary of State estimates that the number of
immigrant visas to be issued to natives in any region for a
fiscal year under this paragraph is less than the number of
immigrant visas made available to such natives under this
paragraph for the fiscal year, subject to clause (v), the
excess visa numbers shall be made available to natives (other
than natives of a high-admission state) of the other regions
in proportion to the percentages otherwise specified in
clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state
The percentage of visas made available under this paragraph
to natives of any single foreign state for any fiscal year
shall not exceed 7 percent.
(F) ''Region'' defined
Only for purposes of administering the diversity program
under this subsection, Northern Ireland shall be treated as a
separate foreign state, each colony or other component or
dependent area of a foreign state overseas from the foreign
state shall be treated as part of the foreign state, and the
areas described in each of the following clauses shall be
considered to be a separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the
Caribbean.
(2) Requirement of education or work experience
An alien is not eligible for a visa under this subsection
unless the alien -
(A) has at least a high school education or its equivalent,
or
(B) has, within 5 years of the date of application for a visa
under this subsection, at least 2 years of work experience in
an occupation which requires at least 2 years of training or
experience.
(3) Maintenance of information
The Secretary of State shall maintain information on the age,
occupation, education level, and other relevant characteristics
of immigrants issued visas under this subsection.
(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D),
or (E) of section 1101(b)(1) of this title shall, if not otherwise
entitled to an immigrant status and the immediate issuance of a
visa under subsection (a), (b), or (c) of this section, be entitled
to the same status, and the same order of consideration provided in
the respective subsection, if accompanying or following to join,
the spouse or parent.
(e) Order of consideration
(1) Immigrant visas made available under subsection (a) or (b) of
this section shall be issued to eligible immigrants in the order in
which a petition in behalf of each such immigrant is filed with the
Attorney General (or in the case of special immigrants under
section 1101(a)(27)(D) of this title, with the Secretary of State)
as provided in section 1154(a) of this title.
(2) Immigrant visa numbers made available under subsection (c) of
this section (relating to diversity immigrants) shall be issued to
eligible qualified immigrants strictly in a random order
established by the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section
shall be maintained in accordance with regulations prescribed by
the Secretary of State.
(f) Authorization for issuance
In the case of any alien claiming in his application for an
immigrant visa to be described in section 1151(b)(2) of this title
or in subsection (a), (b), or (c) of this section, the consular
officer shall not grant such status until he has been authorized to
do so as provided by section 1154 of this title.
(g) Lists
For purposes of carrying out the Secretary's responsibilities in
the orderly administration of this section, the Secretary of State
may make reasonable estimates of the anticipated numbers of visas
to be issued during any quarter of any fiscal year within each of
the categories under subsections (a), (b), and (c) of this section
and to rely upon such estimates in authorizing the issuance of
visas. The Secretary of State shall terminate the registration of
any alien who fails to apply for an immigrant visa within one year
following notification to the alien of the availability of such
visa, but the Secretary shall reinstate the registration of any
such alien who establishes within 2 years following the date of
notification of the availability of such visa that such failure to
apply was due to circumstances beyond the alien's control.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 203, 66 Stat. 178;
Pub. L. 85-316, Sec. 3, Sept. 11, 1957, 71 Stat. 639; Pub. L.
86-363, Sec. 1-3, Sept. 22, 1959, 73 Stat. 644; Pub. L. 89-236,
Sec. 3, Oct. 3, 1965, 79 Stat. 912; Pub. L. 94-571, Sec. 4, Oct.
20, 1976, 90 Stat. 2705; Pub. L. 95-412, Sec. 3, Oct. 5, 1978, 92
Stat. 907; Pub. L. 95-417, Sec. 1, Oct. 5, 1978, 92 Stat. 917; Pub.
L. 96-212, title II, Sec. 203(c), (i), Mar. 17, 1980, 94 Stat. 107,
108; Pub. L. 101-649, title I, Sec. 111, 121(a), 131, 162(a)(1),
title VI, Sec. 603(a)(3), Nov. 29, 1990, 104 Stat. 4986, 4987,
4997, 5009, 5082; Pub. L. 102-110, Sec. 2(b), Oct. 1, 1991, 105
Stat. 555; Pub. L. 102-232, title III, Sec. 302(b)(2), (e)(3), Dec.
12, 1991, 105 Stat. 1743, 1745; Pub. L. 103-416, title II, Sec.
212(b), 219(c), Oct. 25, 1994, 108 Stat. 4314, 4316.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b)(5)(B), (C). Pub. L. 103-416, Sec. 219(c),
substituted ''Targeted'' and ''targeted'' for ''Targetted'' and
''targetted'', respectively, wherever appearing in headings and
text.
Subsec. (b)(6)(C). Pub. L. 103-416, Sec. 212(b), struck out
subpar. (C) which related to application of separate numerical
limitations.
1991 - Subsec. (b)(1). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted ''28.6 percent of such worldwide level'' for
''40,000''.
Subsec. (b)(1)(C). Pub. L. 102-232, Sec. 302(b)(2)(B),
substituted ''the alien seeks'' for ''who seeks''.
Subsec. (b)(2)(A). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted ''28.6 percent of such worldwide level'' for
''40,000''.
Subsec. (b)(2)(B). Pub. L. 102-232, Sec. 302(b)(2)(D), inserted
''professions,'' after ''arts,''.
Subsec. (b)(3)(A). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted ''28.6 percent of such worldwide level'' for
''40,000''.
Subsec. (b)(4), (5)(A). Pub. L. 102-232, Sec. 302(b)(2)(C),
substituted ''7.1 percent of such worldwide level'' for ''10,000''.
Subsec. (b)(6). Pub. L. 102-110 added par. (6).
Subsec. (f). Pub. L. 102-232, Sec. 302(e)(3), substituted
''Authorization for issuance'' for ''Presumption'' in heading,
struck out at beginning ''Every immigrant shall be presumed not to
be described in subsection (a) or (b) of this section, section
1101(a)(27) of this title, or section 1151(b)(2) of this title,
until the immigrant establishes to the satisfaction of the consular
officer and the immigration officer that the immigrant is so
described.'', and substituted ''1151(b)(2) of this title or in
subsection (a), (b), or (c)'' for ''1151(b)(1) of this title or in
subsection (a) or (b)''.
1990 - Subsec. (a). Pub. L. 101-649, Sec. 111(2), added subsec.
(a) and struck out former subsec. (a) which related to allocation
of visas of aliens subject to section 1151(a) limitations.
Subsec. (a)(7). Pub. L. 101-649, Sec. 603(a)(3), substituted
''section 1182(a)(5) of this title'' for ''section 1182(a)(14) of
this title''.
Subsec. (b). Pub. L. 101-649, Sec. 111(1), 121(a), added subsec.
(b) and redesignated former subsec. (b) as (d).
Subsec. (c). Pub. L. 101-649, Sec. 111(1), 131, added subsec. (c)
and redesignated former subsec. (c) as (e).
Subsec. (d). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (d)
and struck out former subsec. (d) which related to order of
consideration given applications for immigrant visas.
Pub. L. 101-649, Sec. 111(1), redesignated former subsec. (b) as
(d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (e)
and struck out former subsec. (e) which related to order of
issuance of immigrant visas.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (c) as (e).
Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (f)
and struck out former subsec. (f) which related to presumption of
nonpreference status and grant of status by consular officers.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (g)
and struck out former subsec. (g) which related to estimates of
anticipated numbers of visas to be issued, termination and
reinstatement of registration of aliens, and revocation of approval
of petition.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (e) as (g).
1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(c)(1)-(6), in
introductory text struck out applicability to conditional entry, in
par. (2) substituted ''(26)'' for ''(20)'', struck out par. (7)
relating to availability of conditional entries, redesignated
former par. (8) as (7) and struck out applicability to number of
conditional entries and visas available under former par. (7), and
redesignated former par. (9) as (8) and substituted provisions
relating to applicability of pars. (1) to (7) to visas, for
provisions relating to applicability of pars. (1) to (8) to
conditional entries.
Subsec. (d). Pub. L. 96-212, Sec. 203(c)(7), substituted
''preference status under paragraphs (1) through (6)'' for
''preference status under paragraphs (1) through (7)''.
Subsec. (f). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
(f) which related to reports to Congress of refugees conditionally
entering the United States.
Subsec. (g). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
(g) which set forth provisions respecting inspection and
examination of refugees after one year.
Pub. L. 96-212, Sec. 203(i), substituted provisions relating to
inspection and examination of refugees after one year for
provisions relating to inspection and examination of refugees after
two years.
Subsec. (h). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
(h) which related to the retroactive readjustment of refugee status
as an alien lawfully admitted for permanent residence.
1978 - Subsec. (a)(1) to (7). Pub. L. 95-412 substituted
''1151(a) of this title'' for ''1151(a)(1) or (2) of this title''
wherever appearing.
Subsec. (a)(8). Pub. L. 95-417 inserted provisions requiring a
valid adoption home-study prior to the granting of a nonpreference
visa for children adopted abroad or coming for adoption by United
States citizens and requiring that no other nonpreference visa be
issued to an unmarried child under the age of 16 unless
accompanying or following to join his natural parents.
1976 - Subsec. (a). Pub. L. 94-571, Sec. 4(1)-(3), substituted
''section 1151(a)(1) or (2) of this title'' for ''section
1151(a)(ii) of this title'' in pars. (1) to (7); made visas
available, in par. (3), to qualified immigrants whose services in
the professions, sciences, or arts are sought by an employer in the
United States; and required, in par. (5), that the United States
citizens be at least twenty-one years of age.
Subsec. (e). Pub. L. 94-571, Sec. 4(4), substituted provision
requiring Secretary of State to terminate the registration of an
alien who fails to apply for an immigrant visa within one year
following notification of the availability of such visa, including
provision for reinstatement of a registration upon establishment
within two years following the notification that the failure to
apply was due to circumstances beyond the alien's control for prior
provision for discretionary termination of the registration on a
waiting list of an alien failing to evidence continued intention to
apply for a visa as prescribed by regulation and inserted provision
for automatic revocation of approval of a petition approved under
section 1154(b) of this title upon such termination.
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting
up preference priorities and percentage allocations of the total
numerical limitation for the admission of qualified immigrants,
consisting of unmarried sons or daughters of U.S. citizens (20
percent), husbands, wives, and unmarried sons or daughters of alien
residents (20 percent plus any unused portion of class 1), members
of professions, scientists, and artists (10 percent), married sons
or daughters of U.S. citizens (10 percent plus any unused portions
of classes 1-3), brothers or sisters of U.S. citizens (24 percent
plus any unused portions of classes 1 through 4), skilled or
unskilled persons capable of filling labor shortages in the United
States (10 percent), refugees (6 percent), otherwise qualified
immigrants (portion not used by classes 1 through 7), and allowing
a spouse or child to be given the same status and order of
consideration as the spouse or parent, for provisions spelling out
the preferences under the quotas based on the previous national
origins quota systems.
Subsec. (b). Pub. L. 89-236 substituted provisions requiring that
consideration be given applications for immigrant visas in the
order in which the classes of which they are members are listed in
subsec. (a), for provisions allowing issuance of quota immigrant
visas under the previous national origins quota system in the order
of filing in the first calendar month after receipt of notice of
approval for which a quota number was available.
Subsec. (c). Pub. L. 89-236 substituted provisions requiring
issuance of immigrant visas pursuant to paragraphs (1) through (6)
of subsection (a) of this section in the order of filing of the
petitions therefor with the Attorney General, for provisions which
related to issuance of quota immigrant visas in designated classes
in the order of registration in each class on quota waiting lists.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring each
immigrant to establish his preference as claimed and prohibiting
consular officers from granting status of immediate relative of a
United States citizen or preference until authorized to do so, for
provisions spelling out the order for consideration of applications
for quota immigrant visas under the various prior classes.
Subsec. (e). Pub. L. 89-236 substituted provisions authorizing
Secretary of State to make estimates of anticipated members of
visas issued and to terminate the waiting-list registration of any
registrant failing to evidence a continued intention to apply for a
visa, for provisions establishing a presumption of quota status for
immigrants and requiring the immigrant to establish any claim to a
preference.
Subsecs. (f) to (h). Pub. L. 89-236 added subsecs. (f) to (h).
1959 - Subsec. (a)(2). Pub. L. 86-363, Sec. 1, accorded adult
unmarried sons or daughters of United States citizens second
preference in the allocation of immigrant visas within quotas.
Subsec. (a)(3). Pub. L. 86-363, Sec. 2, substituted ''unmarried
sons or daughters'' for ''children''.
Subsec. (a)(4). Pub. L. 86-363, Sec. 3, substituted ''married
sons or married daughters'' for ''sons, or daughters'', increased
percentage limitation from 25 to 50 per centum, and made preference
available to spouses and children of qualified quota immigrants if
accompanying them.
1957 - Subsec. (a)(1). Pub. L. 85-316 substituted ''or following
to join him'' for ''him''.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 219(c) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENTS
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
Amendment by Pub. L. 102-110 effective 60 days after Oct. 1,
1991, see section 2(d) of Pub. L. 102-110, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L.
101-649 effective Oct. 1, 1991, and applicable beginning with
fiscal year 1992, with general transition provisions, see section
161(a), (c) of Pub. L. 101-649, set out as a note under section
1101 of this title.
Amendment by section 603(a)(3) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101-649, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 203(c) of Pub. L. 96-212 effective, except
as otherwise provided, Apr. 1, 1980, and amendment by section
203(i) of Pub. L. 96-212 effective immediately before Apr. 1, 1980,
see section 204 of Pub. L. 96-212, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
TEMPORARY REDUCTION IN WORKERS' VISAS
Pub. L. 105-100, title II, Sec. 203(e), Nov. 19, 1997, 111 Stat.
2199, as amended by Pub. L. 105-139, Sec. 1(e), Dec. 2, 1997, 111
Stat. 2645, provided that:
''(1) Beginning in the fiscal year following the fiscal year in
which a visa has been made available under section
203(b)(3)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(3)(A)(iii)) for all aliens who are the beneficiary of a
petition approved under section 204 of such Act (8 U.S.C. 1154) as
of the date of the enactment of this Act (Nov. 19, 1997) for
classification under section 203(b)(3)(A)(iii) of such Act, subject
to paragraph (2), visas available under section 203(b)(3)(A)(iii)
of that Act shall be reduced by 5,000 from the number of visas
otherwise available under that section for such fiscal year.
''(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which -
''(A) the number computed under subsection (d)(2)(A) (section
203(d)(2)(A) of Pub. L. 105-100, 8 U.S.C. 1151 note); exceeds
''(B) the total of the reductions in available visas under this
subsection for all previous fiscal years.''
DIVERSITY IMMIGRANT LOTTERY FEE
Pub. L. 104-208, div. C, title VI, Sec. 636, Sept. 30, 1996, 110
Stat. 3009-703, provided that: ''The Secretary of State may
establish a fee to be paid by each applicant for an immigrant visa
described in section 203(c) of the Immigration and Nationality Act
(8 U.S.C. 1153(c)). Such fee may be set at a level that will ensure
recovery of the cost to the Department of State of allocating visas
under such section, including the cost of processing all
applications thereunder. All fees collected under this section
shall be used for providing consular services. All fees collected
under this section shall be deposited as an offsetting collection
to any Department of State appropriation and shall remain available
for obligations until expended. The provisions of the Act of
August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning
accounting for consular fees, shall not apply to fees collected
under this section.''
ELIGIBILITY FOR VISAS FOR POLISH APPLICANTS FOR 1995 DIVERSITY
IMMIGRANT PROGRAM
Pub. L. 104-208, div. C, title VI, Sec. 637, Sept. 30, 1996, 110
Stat. 3009-704, provided that:
''(a) In General. - The Attorney General, in consultation with
the Secretary of State, shall include among the aliens selected for
diversity immigrant visas for fiscal year 1997 pursuant to section
203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c))
any alien who, on or before September 30, 1995 -
''(1) was selected as a diversity immigrant under such section
for fiscal year 1995;
''(2) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence pursuant to section 245
of such Act (8 U.S.C. 1255) during fiscal year 1995, and whose
application, and any associated fees, were accepted by the
Attorney General, in accordance with applicable regulations;
''(3) was not determined by the Attorney General to be
excludable under section 212 of such Act (8 U.S.C. 1182) or
ineligible under section 203(c)(2) of such Act (8 U.S.C.
1153(c)(2)); and
''(4) did not become an alien lawfully admitted for permanent
residence during fiscal year 1995.
''(b) Priority. - The aliens selected under subsection (a) shall
be considered to have been selected for diversity immigrant visas
for fiscal year 1997 prior to any alien selected under any other
provision of law.
''(c) Reduction of Immigrant Visa Number. - For purposes of
applying the numerical limitations in sections 201 and 203(c) of
the Immigration and Nationality Act (8 U.S.C. 1151, 1153(c)),
aliens selected under subsection (a) who are granted an immigrant
visa shall be treated as aliens granted a visa under section 203(c)
of such Act.''
SOVIET SCIENTISTS IMMIGRATION
Pub. L. 102-509, Oct. 24, 1992, 106 Stat. 3316, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Soviet Scientists Immigration Act
of 1992'.
''SEC. 2. DEFINITIONS.
''For purposes of this Act -
''(1) the term 'Baltic states' means the sovereign nations of
Latvia, Lithuania, and Estonia;
''(2) the term 'independent states of the former Soviet Union'
means the sovereign nations of Armenia, Azerbaijan, Belarus,
Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan; and
''(3) the term 'eligible independent states and Baltic
scientists' means aliens -
''(A) who are nationals of any of the independent states of
the former Soviet Union or the Baltic states; and
''(B) who are scientists or engineers who have expertise in
nuclear, chemical, biological or other high technology fields
or who are working on nuclear, chemical, biological or other
high-technology defense projects, as defined by the Attorney
General.
''SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.
''The requirement in section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien's services
in the sciences, arts, or business be sought by an employer in the
United States shall not apply to any eligible independent states or
Baltic scientist who is applying for admission to the United States
for permanent residence in accordance with that section.
''SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING
EXCEPTIONAL ABILITY.
''(a) In General. - The Attorney General shall designate a class
of eligible independent states and Baltic scientists, based on
their level of expertise, as aliens who possess 'exceptional
ability in the sciences', for purposes of section 203(b)(2)(A) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)),
whether or not such scientists possess advanced degrees.
''(b) Regulations. - The Attorney General shall prescribe
regulations to carry out subsection (a).
''(c) Limitation. - Not more than 750 eligible independent states
and Baltic scientists (excluding spouses and children if
accompanying or following to join) within the class designated
under subsection (a) may be allotted visas under section
203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(2)(A)).
''(d) Termination. - The authority of subsection (a) shall
terminate 4 years after the date of enactment of this Act (Oct. 24,
1992).''
PILOT IMMIGRATION PROGRAM
Pub. L. 102-395, title VI, Sec. 610, Oct. 6, 1992, 106 Stat.
1874, as amended by Pub. L. 105-119, title I, Sec. 116(a), Nov. 26,
1997, 111 Stat. 2467, provided that:
''(a) Of the visas otherwise available under section 203(b)(5) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), the
Secretary of State, together with the Attorney General, shall set
aside visas for a pilot program to implement the provisions of such
section. Such pilot program shall involve a regional center in the
United States for the promotion of economic growth, including
increased export sales, improved regional productivity, job
creation, and increased domestic capital investment.
''(b) For purposes of the pilot program established in subsection
(a), beginning on October 1, 1992, but no later than October 1,
1993, the Secretary of State, together with the Attorney General,
shall set aside 3,000 visas annually for seven years to include
such aliens as are eligible for admission under section 203(b)(5)
of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) and
this section, as well as spouses or children which are eligible,
under the terms of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), to accompany or follow to join such aliens.
''(c) In determining compliance with section 203(b)(5)(A)(iii) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(iii)),
and notwithstanding the requirements of 8 CFR 204.6, the Attorney
General shall permit aliens admitted under the pilot program
described in this section to establish reasonable methodologies for
determining the number of jobs created by the pilot program,
including such jobs which are estimated to have been created
indirectly through revenues generated from increased exports
resulting from the pilot program.''
(Section 116(b) of Pub. L. 105-119 provided that: ''The amendment
made by subsection (a)(2) (amending section 610 of Pub. L. 102-395,
set out above) shall be deemed to have become effective on October
6, 1992.'')
TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS
Section 112 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(1), Dec. 12, 1991, 105 Stat. 1743, provided
that:
''(a) Additional Visa Numbers. -
''(1) In general. - In addition to any immigrant visas
otherwise available, immigrant visa numbers shall be available in
each of fiscal years 1992, 1993, and 1994 for spouses and
children of eligible, legalized aliens (as defined in subsection
(c)) in a number equal to 55,000 minus the number (if any)
computed under paragraph (2) for the fiscal year.
''(2) Offset. - The number computed under this paragraph for a
fiscal year is the number (if any) by which -
''(A) the sum of the number of aliens described in
subparagraphs (A) and (B) of section 201(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)) (or, for
fiscal year 1992, section 201(b) of such Act) who were issued
immigrant visas or otherwise acquired the status of aliens
lawfully admitted to the United States for permanent residence
in the previous fiscal year, exceeds
''(B) 239,000.
''(b) Order. - Visa numbers under this section shall be made
available in the order in which a petition, in behalf of each such
immigrant for classification under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)), is filed
with the Attorney General under section 204 of such Act (8 U.S.C.
1154).
''(c) Legalized Alien Defined. - In this section, the term
'legalized alien' means an alien lawfully admitted for permanent
residence who was provided -
''(1) temporary or permanent residence status under section 210
of the Immigration and Nationality Act (8 U.S.C. 1160),
''(2) temporary or permanent residence status under section
245A of the Immigration and Nationality Act (8 U.S.C. 1255a), or
''(3) permanent residence status under section 202 of the
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set
out as a note under section 1255a of this title).
''(d) Definitions. - The definitions in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) shall apply in the
administration of this section.''
TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES
OPERATING IN HONG KONG
Section 124 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(5), Dec. 12, 1991, 105 Stat. 1743, provided
that:
''(a) Additional Visa Numbers. -
''(1) Treatment of principals. - In the case of any alien
described in paragraph (3) (or paragraph (2) as the spouse or
child of such an alien) with respect to whom a classification
petition has been filed and approved under subsection (b), there
shall be made available, in addition to the immigrant visas
otherwise available in each of fiscal years 1991 through 1993 and
without regard to section 202(a) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)), up to 12,000 additional
immigrant visas. If the full number of such visas are not made
available in fiscal year 1991 or 1992, the shortfall shall be
added to the number of such visas to be made available under this
section in the succeeding fiscal year.
''(2) Derivative relatives. - A spouse or child (as defined in
section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E)))
shall, if not otherwise entitled to an immigrant status and the
immediate issuance of a visa under this section, be entitled to
the same status, and the same order of consideration, provided
under this section, if accompanying, or following to join, the
alien's spouse or parent.
''(3) Employees of certain united states businesses operating
in hong kong. - An alien is described in this paragraph if the
alien -
''(A) is a resident of Hong Kong and is employed in Hong Kong
except for temporary absences at the request of the employer
and has been employed in Hong Kong for at least 12 consecutive
months as an officer or supervisor or in a capacity that is
managerial, executive, or involves specialized knowledge, by a
business entity which (i) is owned and organized in the United
States (or is the subsidiary or affiliate of a business owned
and organized in the United States), (ii) employs at least 100
employees in the United States and at least 50 employees
outside the United States, and (iii) has a gross annual income
of at least $50,000,000, and
''(B) has an offer of employment from such business entity in
the United States as an officer or supervisor or in a capacity
that is managerial, executive, or involves specialized
knowledge, which offer (i) is effective from the time of filing
the petition for classification under this section through and
including the time of entry into the United States and (ii)
provides for salary and benefits comparable to the salary and
benefits provided to others with similar responsibilities and
experience within the same company.
''(b) Petitions. - Any employer desiring and intending to employ
within the United States an alien described in subsection (a)(3)
may file a petition with the Attorney General for such
classification. No visa may be issued under subsection (a)(1)
until such a petition has been approved.
''(c) Allocation. - Visa numbers made available under subsection
(a) shall be made available in the order which petitions under
subsection (b) are filed with the Attorney General.
''(d) Definitions. - In this section:
''(1) Executive capacity. - The term 'executive capacity' has
the meaning given such term in section 101(a)(44)(B) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(44)(B)), as
added by section 123 of this Act.
''(2) Managerial capacity. - The term 'managerial capacity' has
the meaning given such term in section 101(a)(44)(A) of the
Immigration and Nationality Act, as added by section 123 of this
Act.
''(3) Officer. - The term 'officer' means, with respect to a
business entity, the chairman or vice-chairman of the board of
directors of the entity, the chairman or vice-chairman of the
executive committee of the board of directors, the president, any
vice-president, any assistant vice-president, any senior trust
officer, the secretary, any assistant secretary, the treasurer,
any assistant treasurer, any trust officer or associate trust
officer, the controller, any assistant controller, or any other
officer of the entity customarily performing functions similar to
those performed by any of the above officers.
''(4) Specialized knowledge. - The term 'specialized knowledge'
has the meaning given such term in section 214(c)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(B)), as
amended by section 206(b)(2) of this Act.
''(5) Supervisor. - The term 'supervisor' means any individual
having authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibility to
direct them, or to adjust their grievances, or effectively
recommend such action, if in connection with the foregoing the
exercise of such authority is not merely of a routine or clerical
nature, but requires the use of independent judgment.''
(Section 124 of Pub. L. 101-649 effective Nov. 29, 1990, and
(unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.)
DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN
ADVERSELY AFFECTED FOREIGN STATES
Section 217(b) of Pub. L. 103-416 provided that:
''(1) Eligibility. - For the purpose of carrying out the
extension of the diversity transition program under the amendments
made by subsection (a) (amending section 132 of Pub. L. 101-649,
set out below), applications for natives of diversity transition
countries submitted for fiscal year 1995 for diversity immigrants
under section 203(c) of the Immigration and Nationality Act (8
U.S.C. 1153(c)) shall be considered applications for visas made
available for fiscal year 1995 for the diversity transition program
under section 132 of the Immigration Act of 1990 (section 132 of
Pub. L. 101-649). No application period for the fiscal year 1995
diversity transition program shall be established and no new
applications may be accepted for visas made available under such
program for fiscal year 1995. Applications for visas in excess of
the minimum available to natives of the country specified in
section 132(c) of the Immigration Act of 1990 shall be selected for
qualified applicants within the several regions defined in section
203(c)(1)(F) of the Immigration and Nationality Act in proportion
to the region's share of visas issued in the diversity transition
program during fiscal years 1992 and 1993.
''(2) Notification. - Not later than 180 days after the date of
enactment of this Act (Oct. 25, 1994), notification of the
extension of the diversity transition program for fiscal year 1995
and the provision of visa numbers shall be made to each eligible
applicant under paragraph (1).
''(3) Requirements. - Notwithstanding any other provision of law,
for the purpose of carrying out the extension of the diversity
transition program under the amendments made by subsection (a), the
requirement of section 132(b)(2) of the Immigration Act of 1990
shall not apply to applicants under such extension and the
requirement of section 203(c)(2) of the Immigration and Nationality
Act shall apply to such applicants.''
Section 132 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(6), Dec. 12, 1991, 105 Stat. 1743; Pub. L.
103-416, title II, Sec. 217(a), Oct. 25, 1994, 108 Stat. 4315,
provided that:
''(a) In General. - Notwithstanding the numerical limitations in
sections 201 and 202 of the Immigration and Nationality Act (8
U.S.C. 1151, 1152), there shall be made available to qualified
immigrants described in subsection (b) (or in subsection (d) as the
spouse or child of such an alien) 40,000 immigrant visas in each of
fiscal years 1992, 1993, and 1994 and in fiscal year 1995 a number
of immigrant visas equal to the number of such visas provided (but
not made available) under this section in previous fiscal years.
If the full number of such visas are not made available in fiscal
year 1992 or 1993, the shortfall shall be added to the number of
such visas to be made available under this section in the
succeeding fiscal year.
''(b) Qualified Alien Described. - An alien described in this
subsection is an alien who -
''(1) is a native of a foreign state that was identified as an
adversely affected foreign state for purposes of section 314 of
the Immigration Reform and Control Act of 1986 (Pub. L. 99-603,
set out below),
''(2) has a firm commitment for employment in the United States
for a period of at least 1 year (beginning on the date of
admission under this section), and
''(3) except as provided in subsection (c), is admissible as an
immigrant.
''(c) Distribution of Visa Numbers. - The Secretary of State
shall provide for making immigrant visas provided under subsection
(a) available strictly in a random order among those who qualify
during the application period for each fiscal year established by
the Secretary of State, except that at least 40 percent of the
number of such visas in each fiscal year shall be made available to
natives of the foreign state the natives of which received the
greatest number of visas issued under section 314 of the
Immigration Reform and Control Act (of 1986) (or to aliens
described in subsection (d) who are the spouses or children of such
natives) and except that if more than one application is submitted
for any fiscal year (beginning with fiscal year 1993) with respect
to any alien all such applications submitted with respect to the
alien and fiscal year shall be voided. If the minimum number of
such visas are not made available in fiscal year 1992, 1993, or
1994 to such natives, the shortfall shall be added to the number of
such visas to be made available under this section to such natives
in the succeeding fiscal year. In applying this section, natives
of Northern Ireland shall be deemed to be natives of Ireland.
''(d) Derivative Status for Spouses and Children. - A spouse or
child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of
the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(A), (B),
(C), (D), (E))) shall, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under this section, be
entitled to the same status, and the same order of consideration,
provided under this section, if accompanying, or following to join,
his spouse or parent.
''(e) Waivers of Grounds of Exclusion. - In determining the
admissibility of an alien provided a visa number under this
section, the Attorney General shall waive the ground of exclusion
specified in paragraph (6)(C) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), unless the Attorney General
finds that such a waiver is not in the national interest. In
addition, the provisions of section 212(e) of such Act shall not
apply so as to prevent an individual's application for a visa or
admission under this section.
''(f) Application Fee. - The Secretary of State shall require
payment of a reasonable fee for the filing of an application under
this section in order to cover the costs of processing applications
under this section.''
(Section 302(b)(6)(C) of Pub. L. 102-232 provided that the
amendment made by that section to section 132(b)(1) of Pub. L.
101-649, set out above, is effective after fiscal year 1992.)
(Section 302(b)(6)(D)(i) of Pub. L. 102-232 provided that the
amendment made by that section to section 132(c) of Pub. L.
101-649, set out above, is effective beginning with fiscal year
1993.)
ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF
AVAILABILITY OF NP-5 VISAS
Section 133 of Pub. L. 101-649 provided that, notwithstanding
numerical limitations in sections 1151 and 1152 of this title,
there were to be made available in fiscal year 1991, immigrant visa
numbers for qualified immigrants who were notified by Secretary of
State before May 1, 1990, of their selection for issuance of visa
under section 314 of Pub. L. 99-603, formerly set out as a note
below, and were qualified for issuance of such visa but for
numerical and fiscal year limitations on issuance of such visas,
former section 1182(a)(19) of this title or section 1182(e) of this
title, or fact that immigrant was a national, but not a native, of
foreign state described in section 314 of Pub. L. 99-603.
TRANSITION FOR DISPLACED TIBETANS
Section 134 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(7), Dec. 12, 1991, 105 Stat. 1744, provided
that, notwithstanding numerical limitations in sections 1151 and
1152 of this title, there were to be made available to qualified
displaced Tibetans who were natives of Tibet and had been
continuously residing in India or Nepal since Nov. 29, 1990, 1,000
immigrant visas in the 3-fiscal-year period beginning with fiscal
year 1991.
EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS
Section 155 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(d)(5), Dec. 12, 1991, 105 Stat. 1745, provided
that:
''(a) In General. - In the issuance of immigrant visas to certain
Lebanese immigrants described in subsection (b) in fiscal years
1991 and 1992 and notwithstanding section 203(c) (or section
203(e), in the case of fiscal year 1992) of the Immigration and
Nationality Act (8 U.S.C. 1153(c), (e)) (to the extent inconsistent
with this section), the Secretary of State shall provide that
immigrant visas which would otherwise be made available in the
fiscal year shall be made available as early as possible in the
fiscal year.
''(b) Lebanese Immigrants Covered. - Lebanese immigrants
described in this subsection are aliens who -
''(1) are natives of Lebanon,
''(2) are not firmly resettled in any foreign country outside
Lebanon, and
''(3) as of the date of the enactment of this Act (Nov. 29,
1990), are the beneficiaries of a petition approved to accord
status under section 203(a)(2) or 203(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2), (5)) (as in effect as
of the date of the enactment of this Act),
or who are the spouse or child of such an alien if accompanying or
following to join the alien.''
(Section 155 of Pub. L. 101-649 effective Nov. 29, 1990, and
(unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.)
ORDER OF CONSIDERATION
Section 162(a)(2) of Pub. L. 101-649 provided that: ''Nothing in
this Act (see Tables for classification) may be construed as
continuing the availability of visas under section 203(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as in effect
before the date of enactment of this Act (Nov. 29, 1990).''
MAKING VISAS AVAILABLE TO IMMIGRANTS FROM UNDERREPRESENTED
COUNTRIES TO ENHANCE DIVERSITY IN IMMIGRATION
Pub. L. 100-658, Sec. 3, Nov. 15, 1988, 102 Stat. 3908, provided
that, notwithstanding numerical limitations in section 1151(a) of
this title, but subject to numerical limitations in section 1152 of
this title, there were to be made available to qualified immigrants
who were natives of underrepresented countries, 10,000 visa numbers
in each of fiscal years 1990 and 1991.
MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS
Pub. L. 99-603, title III, Sec. 314, Nov. 6, 1986, 100 Stat.
3439, as amended by Pub. L. 100-658, Sec. 2(a), Nov. 15, 1988, 102
Stat. 3908, provided that, notwithstanding numerical limitations in
section 1151(a) of this title, but subject to numerical limitations
in section 1152 of this title, there were to be made available to
qualified immigrants described in section 1153(a)(7) of this title,
5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,000
visa numbers in each of fiscal years 1989 and 1990.
REFERENCES TO CONDITIONAL ENTRY REQUIREMENTS OF SUBSECTION (A)(7)
OF THIS SECTION IN OTHER FEDERAL LAWS
Section 203(h) of Pub. L. 96-212 provided that: ''Any reference
in any law (other than the Immigration and Nationality Act (this
chapter) or this Act (see Short Title of 1980 Amendment note set
out under section 1101 of this title)) in effect on April 1, 1980,
to section 203(a)(7) of the Immigration and Nationality Act
(subsec. (a)(7) of this section) shall be deemed to be a reference
to such section as in effect before such date and to sections 207
and 208 of the Immigration and Nationality Act (sections 1157 and
1158 of this title).''
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS
For adjustment of the status of refugees paroled into the United
States pursuant to section 1182(d)(5) of this title, see section 5
of Pub. L. 95-412, set out as a note under section 1182 of this
title.
ENTITLEMENT TO PREFERENTIAL STATUS
Section 9 of Pub. L. 94-571 provided that:
''(a) The amendments made by this Act (see Short Title of 1976
Amendment note set out under section 1101 of this title) shall not
operate to effect the entitlement to immigrant status or the order
of consideration for issuance of an immigrant visa of an alien
entitled to a preference status, under section 203(a) of the
Immigration and Nationality Act (subsec. (a) of this section) as in
effect on the day before the effective date of this Act (see
Effective Date of 1976 Amendment note set out under section 1101 of
this title), on the basis of a petition filed with the Attorney
General prior to such effective date.
''(b) An alien chargeable to the numerical limitation contained
in section 21(e) of the Act of October 3, 1965 (79 Stat. 921)
(which provided that unless legislation inconsistent therewith was
enacted on or before June 30, 1968, the number of special
immigrants within the meaning of section 1101(a)(27)(A) of this
title, exclusive of special immigrants who were immediate relatives
of United States citizens as described in section 1151(b) of this
title, should not, in the fiscal year beginning July 1, 1968, or in
any fiscal year thereafter, exceed a total of 120,000) who
established a priority date at a consular office on the basis of
entitlement to immigrant status under statutory or regulatory
provisions in existence on the day before the effective date of
this Act (see Effective Date of 1976 Amendment note under section
1101 of this title) shall be deemed to be entitled to immigrant
status under section 203(a)(8) of the Immigration and Nationality
Act (subsec. (a)(8) of this section) and shall be accorded the
priority date previously established by him. Nothing in this
section shall be construed to preclude the acquisition by such an
alien of a preference status under section 203(a) of the
Immigration and Nationality Act (subsec. (a) of this section), as
amended by section 4 of this Act. Any petition filed by, or in
behalf of, such an alien to accord him a preference status under
section 203(a) (subsec. (a) of this section) shall, upon approval,
be deemed to have been filed as of the priority date previously
established by such alien. The numerical limitation to which such
an alien shall be chargeable shall be determined as provided in
sections 201 and 202 of the Immigration and Nationality Act
(sections 1151 and 1152 of this title), as amended by this Act (see
Short Title of 1976 Amendment note set out under section 1101 of
this title).''
NONQUOTA IMMIGRANT STATUS OF CERTAIN RELATIVES OF UNITED STATES
CITIZENS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF
PETITIONS FILED PRIOR TO JANUARY 1, 1962
Pub. L. 87-885, Sec. 1, Oct. 24, 1962, 76 Stat. 1247, which
provided that certain alien relatives of United States citizens
registered on a consular waiting list under priority date earlier
than March 31, 1954, and eligible for a quota immigrant status on a
basis of a petition filed with the Attorney General prior to
January 1, 1962, and the spouse and children of such alien, be held
to be nonquota immigrants and be issued nonquota immigrant visas,
was repealed by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat.
3657, as amended by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988,
102 Stat. 2617, eff. Nov. 14, 1986.
NONQUOTA IMMIGRANT STATUS OF SKILLED SPECIALISTS; ISSUANCE OF
NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO APRIL
1, 1962
Pub. L. 87-885, Sec. 2, Oct. 24, 1962, 76 Stat. 1247, which
provided that certain alien skilled specialists eligible for a
quota immigrant status on the basis of a petition filed with the
Attorney General prior to April 1, 1962, be held to be nonquota
immigrants and be issued nonquota immigrant visas, was repealed by
Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657, as amended
by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988, 102 Stat. 2617,
eff. Nov. 14, 1986.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS TO CERTAIN ELIGIBLE ORPHANS
Pub. L. 87-301, Sec. 25, Sept. 26, 1961, 75 Stat. 657, as amended
by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657; Pub. L.
100-525, Sec. 8(j)(2), Oct. 24, 1988, 102 Stat. 2617, provided
that: ''At any time prior to the expiration of the one hundred and
eightieth day immediately following the enactment of this Act
(Sept. 26, 1961) a special nonquota immigrant visa may be issued to
an eligible orphan as defined in section 4 of the Act of September
11, 1957, as amended (8 U.S.C. 1205; 71 Stat. 639, 73 Stat. 490, 74
Stat. 505), if a visa petition filed in behalf of such eligible
orphan was (A) approved by the Attorney General prior to September
30, 1961, or (B) pending before the Attorney General prior to
September 30, 1961, and the Attorney General approves such
petition.''
(Section 23(c) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ''The
amendments made by section 11 (amending section 25 of Pub. L.
87-301 set out above and repealing sections 1 and 2 of Pub. L.
87-885) take effect on November 14, 1986.'')
ADOPTED SONS OR ADOPTED DAUGHTERS, PREFERENCE STATUS
Section 5(c) of Pub. L. 86-363 provided that aliens granted a
preference pursuant to petitions approved by the Attorney General
on the ground that they were the adopted sons or adopted daughters
of United States citizens were to remain in that status
notwithstanding the provisions of section 1 of Pub. L. 86-363,
unless they acquired a different immigrant status pursuant to a
petition approved by the Attorney General.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED
PRIOR TO JULY 1, 1958
Section 12A of Pub. L. 85-316, as added by section 2 of Pub. L.
85-700, Aug. 21, 1958, 72 Stat. 699, providing that aliens eligible
for quota immigrant status on basis of a petition approved prior to
July 1, 1958, shall be held to be nonquota immigrants and issued
visas, was repealed by Pub. L. 87-301, Sec. 24(a)(6), Sept. 26,
1961, 75 Stat. 657.
Repeal of section 12A of Pub. L. 85-316 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED
PRIOR TO JULY 1, 1957
Section 12 of Pub. L. 85-316 providing that aliens eligible for
quota immigrant status on basis of a petition approved prior to
July 1, 1957, shall be held to be nonquota immigrants, and if
otherwise admissible, be issued visas, was repealed by Pub. L.
87-301, Sec. 24(a)(5), Sept. 26, 1961, 75 Stat. 657.
Repeal of section 12 of Pub. L. 85-316 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
SPECIAL NONQUOTA IMMIGRANT VISAS FOR REFUGEES
Section 6 of Pub. L. 86-363 authorizing issuance of nonquota
immigrant visas to aliens eligible to enter for permanent residence
if the alien was the beneficiary of a visa petition approved by the
Attorney General, and such petition was filed by a person admitted
under former section 1971 et seq., of Title 50, Appendix, was
repealed by Pub. L. 87-301, Sec. 24(a)(7), Sept. 26, 1961, 75 Stat.
657.
Repeal of section 6 of Pub. L. 86-363 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
NONQUOTA IMMIGRANT STATUS OF SPOUSES AND CHILDREN OF CERTAIN ALIENS
Section 4 of Pub. L. 86-363 providing that an alien registered on
a consular waiting list was eligible for quota immigrant status on
basis of a petition approved prior to Jan. 1, 1959, along with the
spouse and children of such alien, was repealed by Pub. L. 87-301,
Sec. 24(a)(7), Sept. 26, 1961.
Repeal of section 4 of Pub. L. 86-363 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
-CROSS-
CROSS REFERENCES
Definition of alien, application for admission, Attorney General,
child, consular officer, immigrant, immigrant visa, immigration
officer, lawfully admitted for permanent residence, parent, and
spouse, see section 1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1151, 1152, 1154, 1182,
1183a, 1186a, 1186b, 1227, 1255, 1641 of this title; title 42
section 1382j.
-CITE-
8 USC Sec. 1154 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1154. Procedure for granting immigrant status
-STATUTE-
(a) Petitioning procedure
(1)(A)(i) Any citizen of the United States claiming that an alien
is entitled to classification by reason of a relationship described
in paragraph (1), (3), or (4) of section 1153(a) of this title or
to an immediate relative status under section 1151(b)(2)(A)(i) of
this title may file a petition with the Attorney General for such
classification.
(ii) An alien spouse described in the second sentence of section
1151(b)(2)(A)(i) of this title also may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and the alien's children) under such section.
(iii) An alien who is the spouse of a citizen of the United
States, who is a person of good moral character, who is eligible to
be classified as an immediate relative under section
1151(b)(2)(A)(i) of this title, and who has resided in the United
States with the alien's spouse may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and any child of the alien if such a child has not been
classified under clause (iv)) under such section if the alien
demonstrates to the Attorney General that -
(I) the alien is residing in the United States, the marriage
between the alien and the spouse was entered into in good faith
by the alien, and during the marriage the alien or a child of the
alien has been battered by or has been the subject of extreme
cruelty perpetrated by the alien's spouse; and
(II) the alien is a person whose removal, in the opinion of the
Attorney General, would result in extreme hardship to the alien
or a child of the alien.
(iv) An alien who is the child of a citizen of the United States,
who is a person of good moral character, who is eligible to be
classified as an immediate relative under section 1151(b)(2)(A)(i)
of this title, and who has resided in the United States with the
citizen parent may file a petition with the Attorney General under
this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that -
(I) the alien is residing in the United States and during the
period of residence with the citizen parent the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen parent; and
(II) the alien is a person whose removal, in the opinion of the
Attorney General, would result in extreme hardship to the alien.
(B)(i) Any alien lawfully admitted for permanent residence
claiming that an alien is entitled to a classification by reason of
the relationship described in section 1153(a)(2) of this title may
file a petition with the Attorney General for such classification.
(ii) An alien who is the spouse of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who
is eligible for classification under section 1153(a)(2)(A) of this
title, and who has resided in the United States with the alien's
legal permanent resident spouse may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and any child of the alien if such a child has not been
classified under clause (iii)) under such section if the alien
demonstrates to the Attorney General that the conditions described
in subclauses (I) and (II) of subparagraph (A)(iii) are met with
respect to the alien.
(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who
is eligible for classification under section 1153(a)(2)(A) of this
title, and who has resided in the United States with the alien's
permanent resident alien parent may file a petition with the
Attorney General under this subparagraph for classification of the
alien under such section if the alien demonstrates to the Attorney
General that -
(I) the alien is residing in the United States and during the
period of residence with the permanent resident parent the alien
has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent; and
(II) the alien is a person whose removal, in the opinion of the
Attorney General, would result in extreme hardship to the alien.
(C) Any alien desiring to be classified under section
1153(b)(1)(A) of this title, or any person on behalf of such an
alien, may file a petition with the Attorney General for such
classification.
(D) Any employer desiring and intending to employ within the
United States an alien entitled to classification under section
1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this
title may file a petition with the Attorney General for such
classification.
(E)(i) Any alien (other than a special immigrant under section
1101(a)(27)(D) of this title) desiring to be classified under
section 1153(b)(4) of this title, or any person on behalf of such
an alien, may file a petition with the Attorney General for such
classification.
(ii) Aliens claiming status as a special immigrant under section
1101(a)(27)(D) of this title may file a petition only with the
Secretary of State and only after notification by the Secretary
that such status has been recommended and approved pursuant to such
section.
(F) Any alien desiring to be classified under section 1153(b)(5)
of this title may file a petition with the Attorney General for
such classification.
(G)(i) Any alien desiring to be provided an immigrant visa under
section 1153(c) of this title may file a petition at the place and
time determined by the Secretary of State by regulation. Only one
such petition may be filed by an alien with respect to any
petitioning period established. If more than one petition is
submitted all such petitions submitted for such period by the alien
shall be voided.
(ii)(I) The Secretary of State shall designate a period for the
filing of petitions with respect to visas which may be issued under
section 1153(c) of this title for the fiscal year beginning after
the end of the period.
(II) Aliens who qualify, through random selection, for a visa
under section 1153(c) of this title shall remain eligible to
receive such visa only through the end of the specific fiscal year
for which they were selected.
(III) The Secretary of State shall prescribe such regulations as
may be necessary to carry out this clause.
(iii) A petition under this subparagraph shall be in such form as
the Secretary of State may by regulation prescribe and shall
contain such information and be supported by such documentary
evidence as the Secretary of State may require.
(H) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the
Attorney General shall consider any credible evidence relevant to
the petition. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.
(2)(A) The Attorney General may not approve a spousal second
preference petition for the classification of the spouse of an
alien if the alien, by virtue of a prior marriage, has been
accorded the status of an alien lawfully admitted for permanent
residence as the spouse of a citizen of the United States or as the
spouse of an alien lawfully admitted for permanent residence,
unless -
(i) a period of 5 years has elapsed after the date the alien
acquired the status of an alien lawfully admitted for permanent
residence, or
(ii) the alien establishes to the satisfaction of the Attorney
General by clear and convincing evidence that the prior marriage
(on the basis of which the alien obtained the status of an alien
lawfully admitted for permanent residence) was not entered into
for the purpose of evading any provision of the immigration laws.
In this subparagraph, the term ''spousal second preference
petition'' refers to a petition, seeking preference status under
section 1153(a)(2) of this title, for an alien as a spouse of an
alien lawfully admitted for permanent residence.
(B) Subparagraph (A) shall not apply to a petition filed for the
classification of the spouse of an alien if the prior marriage of
the alien was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant
preference status
After an investigation of the facts in each case, and after
consultation with the Secretary of Labor with respect to petitions
to accord a status under section 1153(b)(2) or 1153(b)(3) of this
title, the Attorney General shall, if he determines that the facts
stated in the petition are true and that the alien in behalf of
whom the petition is made is an immediate relative specified in
section 1151(b) of this title, or is eligible for preference under
subsection (a) or (b) of section 1153 of this title, approve the
petition and forward one copy thereof to the Department of State.
The Secretary of State shall then authorize the consular officer
concerned to grant the preference status.
(c) Limitation on orphan petitions approved for a single
petitioner; prohibition against approval in cases of marriages
entered into in order to evade immigration laws; restriction on
future entry of aliens involved with marriage fraud
Notwithstanding the provisions of subsection (b) of this section
no petition shall be approved if (1) the alien has previously been
accorded, or has sought to be accorded, an immediate relative or
preference status as the spouse of a citizen of the United States
or the spouse of an alien lawfully admitted for permanent
residence, by reason of a marriage determined by the Attorney
General to have been entered into for the purpose of evading the
immigration laws, or (2) the Attorney General has determined that
the alien has attempted or conspired to enter into a marriage for
the purpose of evading the immigration laws.
(d) Recommendation of valid home-study
Notwithstanding the provisions of subsections (a) and (b) of this
section no petition may be approved on behalf of a child defined in
section 1101(b)(1)(F) of this title unless a valid home-study has
been favorably recommended by an agency of the State of the child's
proposed residence, or by an agency authorized by that State to
conduct such a study, or, in the case of a child adopted abroad, by
an appropriate public or private adoption agency which is licensed
in the United States.
(e) Subsequent finding of non-entitlement to preference
classification
Nothing in this section shall be construed to entitle an
immigrant, in behalf of whom a petition under this section is
approved, to be admitted (FOOTNOTE 1) the United States as an
immigrant under subsection (a), (b), or (c) of section 1153 of this
title or as an immediate relative under section 1151(b) of this
title if upon his arrival at a port of entry in the United States
he is found not to be entitled to such classification.
(FOOTNOTE 1) So in original. Probably should be followed by
''to''.
(f) Preferential treatment for children fathered by United States
citizens and born in Korea, Vietnam, Laos, Kampuchea, or
Thailand after 1950 and before October 22, 1982
(1) Any alien claiming to be an alien described in paragraph
(2)(A) of this subsection (or any person on behalf of such an
alien) may file a petition with the Attorney General for
classification under section 1151(b), 1153(a)(1), or 1153(a)(3) of
this title, as appropriate. After an investigation of the facts of
each case the Attorney General shall, if the conditions described
in paragraph (2) are met, approve the petition and forward one copy
to the Secretary of State.
(2) The Attorney General may approve a petition for an alien
under paragraph (1) if -
(A) he has reason to believe that the alien (i) was born in
Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and
before October 22, 1982, and (ii) was fathered by a United States
citizen;
(B) he has received an acceptable guarantee of legal custody
and financial responsibility described in paragraph (4); and
(C) in the case of an alien under eighteen years of age, (i)
the alien's placement with a sponsor in the United States has
been arranged by an appropriate public, private, or State child
welfare agency licensed in the United States and actively
involved in the intercountry placement of children and (ii) the
alien's mother or guardian has in writing irrevocably released
the alien for emigration.
(3) In considering petitions filed under paragraph (1), the
Attorney General shall -
(A) consult with appropriate governmental officials and
officials of private voluntary organizations in the country of
the alien's birth in order to make the determinations described
in subparagraphs (A) and (C)(ii) of paragraph (2); and
(B) consider the physical appearance of the alien and any
evidence provided by the petitioner, including birth and
baptismal certificates, local civil records, photographs of, and
letters or proof of financial support from, a putative father who
is a citizen of the United States, and the testimony of
witnesses, to the extent it is relevant or probative.
(4)(A) A guarantee of legal custody and financial responsibility
for an alien described in paragraph (2) must -
(i) be signed in the presence of an immigration officer or
consular officer by an individual (hereinafter in this paragraph
referred to as the ''sponsor'') who is twenty-one years of age or
older, is of good moral character, and is a citizen of the United
States or alien lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees (I) in the case of an
alien under eighteen years of age, to assume legal custody for
the alien after the alien's departure to the United States and
until the alien becomes eighteen years of age, in accordance with
the laws of the State where the alien and the sponsor will
reside, and (II) to furnish, during the five-year period
beginning on the date of the alien's acquiring the status of an
alien lawfully admitted for permanent residence, or during the
period beginning on the date of the alien's acquiring the status
of an alien lawfully admitted for permanent residence and ending
on the date on which the alien becomes twenty-one years of age,
whichever period is longer, such financial support as is
necessary to maintain the family in the United States of which
the alien is a member at a level equal to at least 125 per centum
of the current official poverty line (as established by the
Director of the Office of Management and Budget, under section
9902(2) of title 42 and as revised by the Secretary of Health and
Human Services under the second and third sentences of such
section) for a family of the same size as the size of the alien's
family.
(B) A guarantee of legal custody and financial responsibility
described in subparagraph (A) may be enforced with respect to an
alien against his sponsor in a civil suit brought by the Attorney
General in the United States district court for the district in
which the sponsor resides, except that a sponsor or his estate
shall not be liable under such a guarantee if the sponsor dies or
is adjudicated a bankrupt under title 11.
(g) Restriction on petitions based on marriages entered while in
exclusion or deportation proceedings
Notwithstanding subsection (a) of this section, except as
provided in section 1255(e)(3) of this title, a petition may not be
approved to grant an alien immediate relative status or preference
status by reason of a marriage which was entered into during the
period described in section 1255(e)(2) of this title, until the
alien has resided outside the United States for a 2-year period
beginning after the date of the marriage.
(h) Survival of rights to petition
The legal termination of a marriage may not be the sole basis for
revocation under section 1155 of this title of a petition filed
under subsection (a)(1)(A)(iii) of this section or a petition filed
under subsection (a)(1)(B)(ii) of this section pursuant to
conditions described in subsection (a)(1)(A)(iii)(I) of this
section.
(i) Professional athletes
(1) In general
A petition under subsection (a)(4)(D) (FOOTNOTE 2) of this
section for classification of a professional athlete shall remain
valid for the athlete after the athlete changes employers, if the
new employer is a team in the same sport as the team which was
the employer who filed the petition.
(FOOTNOTE 2) So in original. Probably should be subsection
''(a)(1)(D)''.
(2) ''Professional athlete'' defined
For purposes of paragraph (1), the term ''professional
athlete'' means an individual who is employed as an athlete by -
(A) a team that is a member of an association of 6 or more
professional sports teams whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of
its members and regulates the contests and exhibitions in which
its member teams regularly engage; or
(B) any minor league team that is affiliated with such an
association.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 204, 66 Stat. 179;
Pub. L. 87-885, Sec. 3, Oct. 24, 1962, 76 Stat. 1247; Pub. L.
89-236, Sec. 4, Oct. 3, 1965, 79 Stat. 915; Pub. L. 94-571, Sec.
7(b), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 95-417, Sec. 2, 3, Oct.
5, 1978, 92 Stat. 917; Pub. L. 96-470, title II, Sec. 207, Oct. 19,
1980, 94 Stat. 2245; Pub. L. 97-116, Sec. 3, 18(d), Dec. 29, 1981,
95 Stat. 1611, 1620; Pub. L. 97-359, Oct. 22, 1982, 96 Stat. 1716;
Pub. L. 99-639, Sec. 2(c), 4(a), 5(b), Nov. 10, 1986, 100 Stat.
3541, 3543; Pub. L. 100-525, Sec. 9(g), Oct. 24, 1988, 102 Stat.
2620; Pub. L. 101-649, title I, Sec. 162(b), title VII, Sec.
702(b), Nov. 29, 1990, 104 Stat. 5010, 5086; Pub. L. 102-232, title
III, Sec. 302(e)(4), (5), 308(b), 309(b)(5), Dec. 12, 1991, 105
Stat. 1745, 1746, 1757, 1758; Pub. L. 103-322, title IV, Sec.
40701(a), (b)(1), (c), Sept. 13, 1994, 108 Stat. 1953, 1954; Pub.
L. 103-416, title II, Sec. 219(b)(2), Oct. 25, 1994, 108 Stat.
4316; Pub. L. 104-208, div. C, title III, Sec. 308(e)(1)(A),
(f)(2)(A), title VI, Sec. 624(b), Sept. 30, 1996, 110 Stat.
3009-619, 3009-621, 3009-699.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub.
L. 104-208, Sec. 308(e)(1)(A), substituted ''removal'' for
''deportation''.
Subsec. (e). Pub. L. 104-208, Sec. 308(f)(2)(A), substituted ''be
admitted'' for ''enter''.
Subsec. (i). Pub. L. 104-208, Sec. 624(b), added subsec. (i).
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 40701(a), in subpar.
(A), designated first sentence as cl. (i) and second sentence as
cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated
existing provisions as cl. (i) and added cls. (ii) and (iii), and
added subpar. (H).
Subsec. (a)(1)(A). Pub. L. 103-416 in second sentence inserted
''spouse'' after ''alien'' and ''of the alien (and the alien's
children)'' after ''for classification''.
Subsec. (a)(2). Pub. L. 103-322, Sec. 40701(b)(1), in subpar.
(A), substituted ''for the classification of the spouse of an alien
if the alien,'' for ''filed by an alien who,'' in introductory
provisions and in subpar. (B), substituted ''for the classification
of the spouse of an alien if the prior marriage of the alien'' for
''by an alien whose prior marriage''.
Subsec. (h). Pub. L. 103-322, Sec. 40701(c), added subsec. (h).
1991 - Subsec. (a)(1)(A). Pub. L. 102-232, Sec. 302(e)(4)(A),
inserted sentence at end authorizing filing of petitions by aliens
described in second sentence of section 1151(b)(2)(A)(i) of this
title.
Subsec. (a)(1)(F). Pub. L. 102-232, Sec. 302(e)(4)(B),
substituted ''Attorney General'' for ''Secretary of State''.
Subsec. (a)(1)(G)(iii). Pub. L. 102-232, Sec. 302(e)(4)(C),
struck out ''or registration'' after ''petition''.
Subsec. (e). Pub. L. 102-232, Sec. 302(e)(5), substituted ''as an
immigrant'' for ''as a immigrant''.
Subsec. (f)(4)(A)(ii)(II). Pub. L. 102-232, Sec. 309(b)(5),
substituted ''the second and third sentences of such section'' for
''section 9847 of title 42''.
Subsec. (g). Pub. L. 102-232, Sec. 308(b), made technical
correction to directory language of Pub. L. 101-649, Sec. 702(b).
See 1990 Amendment note below.
1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 162(b)(1), added
par. (1) and struck out former par. (1) which read as follows:
''Any citizen of the United States claiming that an alien is
entitled to a preference status by reason of a relationship
described in paragraph (1), (4), or (5) of section 1153(a) of this
title, or to an immediate relative status under section 1151(b) of
this title, or any alien lawfully admitted for permanent residence
claiming that an alien is entitled to a preference status by reason
of the relationship described in section 1153(a)(2) of this title,
or any alien desiring to be classified as a preference immigrant
under section 1153(a)(3) of this title (or any person on behalf of
such an alien), or any person desiring and intending to employ
within the United States an alien entitled to classification as a
preference immigrant under section 1153(a)(6) of this title, may
file a petition with the Attorney General for such classification.
The petition shall be in such form as the Attorney General may by
regulations prescribe and shall contain such information and be
supported by such documentary evidence as the Attorney General may
require. The petition shall be made under oath administered by any
individual having authority to administer oaths, if executed in the
United States, but, if executed outside the United States,
administered by a consular officer or an immigration officer.''
Subsec. (b). Pub. L. 101-649, Sec. 162(b)(2), substituted
reference to section 1153(b)(2) or 1153(b)(3) of this title for
reference to section 1153(a)(3) or (6) of this title, and reference
to preference under section 1153(a) or (b) of this title for
reference to a preference status under section 1153(a) of this
title.
Subsec. (e). Pub. L. 101-649, Sec. 162(b)(3), substituted
''immigrant under subsection (a), (b), or (c) of section 1153 of
this title'' for ''preference immigrant under section 1153(a) of
this title''.
Subsec. (f). Pub. L. 101-649, Sec. 162(b)(5), (6), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which related
to applicability of provisions to qualified immigrants specified in
section 1152(e) of this title.
Subsec. (f)(1). Pub. L. 101-649, Sec. 162(b)(4), substituted
reference to section 1153(a)(3) of this title for reference to
section 1153(a)(4) of this title.
Subsec. (g). Pub. L. 101-649, Sec. 702(b), as amended by Pub. L.
102-232, Sec. 308(b), inserted ''except as provided in section
1255(e)(3) of this title,'' after ''Notwithstanding subsection (a)
of this section,''.
Pub. L. 101-649, Sec. 162(b)(6), redesignated subsec. (h) as (g).
Former subsec. (g) redesignated as (f).
Subsec. (h). Pub. L. 101-649, Sec. 162(b)(6), redesignated
subsec. (h) as (g).
1988 - Subsec. (c). Pub. L. 100-525, Sec. 9(g)(1), substituted
''an immediate relative'' for ''a nonquota''.
Subsec. (g)(3)(A). Pub. L. 100-525, Sec. 9(g)(2), substituted
''(C)(ii) of paragraph (2)'' for ''(C)(i) of paragraph 2''.
1986 - Subsec. (a). Pub. L. 99-639, Sec. 2(c), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 99-639, Sec. 4(a), inserted ''(1)'' after
''if'' and '', or has sought to be accorded,'' and added cl. (2).
Subsec. (h). Pub. L. 99-639, Sec. 5(b), added subsec. (h).
1982 - Subsec. (g). Pub. L. 97-359 added subsec. (g).
1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(d), substituted ''of
a relationship described in paragraph'' for ''of the relationships
described in paragraphs''.
Subsec. (d). Pub. L. 97-116, Sec. 3, redesignated subsec. (e) as
(d). Former subsec. (d), directing that the Attorney General
forward to the Congress a Statistical summary of petitions for
immigrant status approved by him under section 1153(a)(3) or
1153(a)(6) of this title and that the reports be submitted to
Congress on the first and fifteenth day of each calendar month in
which Congress was in session, was struck out.
Subsecs. (e), (f). Pub. L. 97-116, Sec. 3, redesignated as
subsec. (e) the subsec. (f) relating to subsequent finding of
non-entitlement. See 1978 Amendment note below. Former subsec.
(e) redesignated (d).
1980 - Subsec. (d). Pub. L. 96-470 substituted provision
requiring the Attorney General to forward to Congress a statistical
summary of approved petitions for professional or occupational
preferences for provision requiring the Attorney General to forward
to Congress a report on each petition approved for professional or
occupational preference stating the basis for his approval and the
facts pertinent in establishing qualifications for preferential
status.
1978 - Subsec. (c). Pub. L. 95-417, Sec. 2, struck out ''no more
than two petitions may be approved for one petitioner on behalf of
a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of
this title unless necessary to prevent the separation of brothers
and sisters and'' after ''subsection (b) of this section''.
Subsecs. (e), (f). Pub. L. 95-417, Sec. 3, added subsec. (e) and
redesignated former subsec. (e), relating to subsequent finding of
non-entitlement, as subsec. (f) without regard to existing subsec.
(f), relating to provisions applicable to qualified immigrants,
added by Pub. L. 94-571.
1976 - Subsec. (f). Pub. L. 94-571 added subsec. (f).
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions
spelling out the statutory grounds for filing a petition for
preference status and prescribing the authority of the Attorney
General to require documentary evidence in support and the form of
the petition, for provisions prohibiting consular officers from
granting preference status before being authorized to do so in
cases of applications based on membership in the ministry of a
religious denomination or high education, technical training, or
specialized experience which would be substantially beneficial to
the United States.
Subsec. (b). Pub. L. 89-236 substituted provisions authorizing
investigation of petitions by the Attorney General, consultation
with the Secretary of Labor, and authorization to consular
officers, for provisions specifying the form of application for
preference status on the basis of membership in the ministry of a
religious denomination or high education, technical training, or
specialized experience which would be substantially beneficial to
the United States and the circumstances making an application
appropriate.
Subsec. (c). Pub. L. 89-236 substituted provisions limiting the
number of orphan petitions which may be approved for one petitioner
and prohibiting approval of any petition of an alien whose prior
marriage was determined by the Attorney General to have been
entered into for the purpose of evading the immigration laws, for
provisions which related to investigation of facts by the Attorney
General and submission of reports to Congress covering the granting
of preferential status.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring the
Attorney General to submit reports to Congress on each approved
petition for professional or occupational preference, for
provisions prohibiting a statutory construction of the section
which would entitle an immigrant to preferential classification if,
upon arrival at the port of entry, he was found not to be entitled
to such classification.
Subsec. (e). Pub. L. 89-236 added subsec. (e).
1962 - Subsec. (c). Pub. L. 87-885 provided for submission of
reports to Congress.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(A), (f)(2)(A) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103-416 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 219(dd) of Pub. L. 103-416, set out as a note under section
1101 of this title.
Amendment by Pub. L. 103-322 effective Jan. 1, 1995, see section
40701(d) of Pub. L. 103-322, set out as a note under section 1151
of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L.
102-232 effective as if included in the enactment of the
Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of
Pub. L. 102-232, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29,
1990, but only insofar as section 162(b) relates to visas for
fiscal years beginning with fiscal year 1992, with general
transition provisions, see section 161(b), (c) of Pub. L. 101-649,
set out as a note under section 1101 of this title.
Section 702(c) of Pub. L. 101-649 provided that: ''The amendments
made by this section (amending sections 1154 and 1255 of this
title) shall apply to marriages entered into before, on, or after
the date of the enactment of this Act (Nov. 29, 1990).''
EFFECTIVE DATE OF 1986 AMENDMENT
Section 4(b) of Pub. L. 99-639 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to
petitions filed on or after the date of the enactment of this Act
(Nov. 10, 1986).''
Section 5(c) of Pub. L. 99-639 provided that: ''The amendments
made by this section (amending this section and section 1255 of
this title) shall apply to marriages entered into on or after the
date of the enactment of this Act (Nov. 10, 1986).''
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
ALIEN SHEEPHERDERS
Act Sept. 3, 1954, ch. 1254, Sec. 1-3, 68 Stat. 1145, provided
for the importation of skilled alien sheepherders upon approval by
the Attorney General, certification to the Secretary of State by
the Attorney General of names and addresses of sheepherders whose
applications for importation were approved, and issuance of not
more than 385 special nonquota immigrant visas. Provisions of said
act expired on Sept. 3, 1955, by terms of section 1 thereof.
-CROSS-
CROSS REFERENCES
Definition of alien, Attorney General, consular officer,
immigrant, immigrant visa, organization, and person, see section
1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1151, 1153, 1155, 1182,
1183a, 1184, 1186a, 1255, 1255a, 1367, 1375, 1641 of this title.
-CITE-
8 USC Sec. 1155 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1155. Revocation of approval of petitions; notice of
revocation; effective date
-STATUTE-
The Attorney General may, at any time, for what he deems to be
good and sufficient cause, revoke the approval of any petition
approved by him under section 1154 of this title. Such revocation
shall be effective as of the date of approval of any such
petition. In no case, however, shall such revocation have effect
unless there is mailed to the petitioner's last known address a
notice of the revocation and unless notice of the revocation is
communicated through the Secretary of State to the beneficiary of
the petition before such beneficiary commences his journey to the
United States. If notice of revocation is not so given, and the
beneficiary applies for admission to the United States, his
admissibility shall be determined in the manner provided for by
sections 1225 and 1229a of this title.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 205, 66 Stat. 180;
Pub. L. 86-363, Sec. 5(a), (b), Sept. 22, 1959, 73 Stat. 644, 645;
Pub. L. 87-301, Sec. 3, 10, Sept. 26, 1961, 75 Stat. 650, 654; Pub.
L. 89-236, Sec. 5, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104-208,
div. C, title III, Sec. 308(g)(3)(A), Sept. 30, 1996, 110 Stat.
3009-622.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-208 substituted ''1229a'' for ''1226''.
1965 - Pub. L. 89-236 struck out entire section which had set
out, in subsecs. (a) to (d), the procedure for granting nonquota
status or preference by reason of relationship and inserted in its
place, with minor changes, provisions formerly contained in section
1156 of this title authorizing the Attorney General to revoke his
approval of petitions for good and sufficient cause.
1961 - Subsec. (b). Pub. L. 87-301, Sec. 3(a), provided that no
petition for quota immigration status or a preference shall be
approved if the beneficiary is an alien defined in section
1101(b)(1)(F) of this title, established requirements to be met by
petitioners before a petition for nonquota immigrant status for a
child as defined in section 1101(b)(1)(F) can be approved by the
Attorney General, and authorized the administration of oaths by
immigration officers when the petition is executed outside the
United States.
Subsec. (c). Pub. L. 87-301, Sec. 3(b), 10, substituted ''section
1101(b)(1)(E) or (F)'' for ''section 1101(b)(1)(E)'', and provided
that no petition shall be approved if the alien had previously been
accorded a nonquota status under section 1101(a)(27)(A) of this
title or a preference quota status under section 1153(a)(3) of this
title, by reason of marriage entered into to evade the immigration
laws.
1959 - Subsec. (b). Pub. L. 86-363, Sec. 5(a), authorized filing
of petitions by any United States citizen claiming that an
immigrant is his unmarried son or unmarried daughter, by any alien
lawfully admitted for permanent residence claiming that an
immigrant is his unmarried son or unmarried daughter instead of
child, or by any United States citizen claiming that an immigrant
is his married son or married daughter instead of son or daughter,
and prohibited approval of petition for quota immigrant status or
preference of alien without proof of parent relationship of the
petitioner to such alien.
Subsec. (c). Pub. L. 86-363, Sec. 5(b), limited approval to two
petitions for one petitioner in behalf of a child as defined in
section 1101(b)(1)(E) of this title unless necessary to prevent
separation of brothers and sisters.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
-CROSS-
CROSS REFERENCES
Definition of alien, Attorney General, child, consular officer,
entry, immigrant, immigrant visa, lawfully admitted for permanent
residence, parent, and spouse, see section 1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1154 of this title.
-CITE-
8 USC Sec. 1156 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1156. Unused immigrant visas
-STATUTE-
If an immigrant having an immigrant visa is denied admission to
the United States and removed, or does not apply for admission
before the expiration of the validity of his visa, or if an alien
having an immigrant visa issued to him as a preference immigrant is
found not to be a preference immigrant, an immigrant visa or a
preference immigrant visa, as the case may be, may be issued in
lieu thereof to another qualified alien.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 206, 66 Stat. 181;
Pub. L. 89-236, Sec. 6, Oct. 3, 1965, 79 Stat. 916; Pub. L.
104-208, div. C, title III, Sec. 308(d)(4)(D), Sept. 30, 1996, 110
Stat. 3009-618.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-208 substituted ''denied admission to the
United States and removed'' for ''excluded from admission to the
United States and deported''.
1965 - Pub. L. 89-236 substituted provisions allowing immigrant
visas or preference immigrant visas to be issued to another
qualified alien in lieu of immigrants excluded or deported,
immigrants failing to apply for admission, or immigrants found not
to be preference immigrants, for provisions relating to revocation
of approval of petitions which, with minor amendments, were
transferred to section 1155 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
-CROSS-
CROSS REFERENCES
Definition of application for admission and Attorney General, see
section 1101 of this title.
-CITE-
8 USC Sec. 1157 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1157. Annual admission of refugees and admission of emergency
situation refugees
-STATUTE-
(a) Maximum number of admissions; increases for humanitarian
concerns; allocations
(1) Except as provided in subsection (b) of this section, the
number of refugees who may be admitted under this section in fiscal
year 1980, 1981, or 1982, may not exceed fifty thousand unless the
President determines, before the beginning of the fiscal year and
after appropriate consultation (as defined in subsection (e) of
this section), that admission of a specific number of refugees in
excess of such number is justified by humanitarian concerns or is
otherwise in the national interest.
(2) Except as provided in subsection (b) of this section, the
number of refugees who may be admitted under this section in any
fiscal year after fiscal year 1982 shall be such number as the
President determines, before the beginning of the fiscal year and
after appropriate consultation, is justified by humanitarian
concerns or is otherwise in the national interest.
(3) Admissions under this subsection shall be allocated among
refugees of special humanitarian concern to the United States in
accordance with a determination made by the President after
appropriate consultation.
(4) In the determination made under this subsection for each
fiscal year (beginning with fiscal year 1992), the President shall
enumerate, with the respective number of refugees so determined,
the number of aliens who were granted asylum in the previous year.
(5) For any fiscal year, not more than a total of 1,000 refugees
may be admitted under this subsection or granted asylum under
section 1158 of this title pursuant to a determination under the
third sentence of section 1101(a)(42) of this title (relating to
persecution for resistance to coercive population control methods).
(b) Determinations by President respecting number of admissions for
humanitarian concerns
If the President determines, after appropriate consultation, that
(1) an unforeseen emergency refugee situation exists, (2) the
admission of certain refugees in response to the emergency refugee
situation is justified by grave humanitarian concerns or is
otherwise in the national interest, and (3) the admission to the
United States of these refugees cannot be accomplished under
subsection (a) of this section, the President may fix a number of
refugees to be admitted to the United States during the succeeding
period (not to exceed twelve months) in response to the emergency
refugee situation and such admissions shall be allocated among
refugees of special humanitarian concern to the United States in
accordance with a determination made by the President after the
appropriate consultation provided under this subsection.
(c) Admission by Attorney General of refugees; criteria; admission
status of spouse or child; applicability of other statutory
requirements; termination of refugee status of alien, spouse or
child
(1) Subject to the numerical limitations established pursuant to
subsections (a) and (b) of this section, the Attorney General may,
in the Attorney General's discretion and pursuant to such
regulations as the Attorney General may prescribe, admit any
refugee who is not firmly resettled in any foreign country, is
determined to be of special humanitarian concern to the United
States, and is admissible (except as otherwise provided under
paragraph (3)) as an immigrant under this chapter.
(2) A spouse or child (as defined in section 1101(b)(1)(A), (B),
(C), (D), or (E) of this title) of any refugee who qualifies for
admission under paragraph (1) shall, if not otherwise entitled to
admission under paragraph (1) and if not a person described in the
second sentence of section 1101(a)(42) of this title, be entitled
to the same admission status as such refugee if accompanying, or
following to join, such refugee and if the spouse or child is
admissible (except as otherwise provided under paragraph (3)) as an
immigrant under this chapter. Upon the spouse's or child's
admission to the United States, such admission shall be charged
against the numerical limitation established in accordance with the
appropriate subsection under which the refugee's admission is
charged.
(3) The provisions of paragraphs (4), (5), and (7)(A) of section
1182(a) of this title shall not be applicable to any alien seeking
admission to the United States under this subsection, and the
Attorney General may waive any other provision of such section
(other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E)
of paragraph (3)) with respect to such an alien for humanitarian
purposes, to assure family unity, or when it is otherwise in the
public interest. Any such waiver by the Attorney General shall be
in writing and shall be granted only on an individual basis
following an investigation. The Attorney General shall provide for
the annual reporting to Congress of the number of waivers granted
under this paragraph in the previous fiscal year and a summary of
the reasons for granting such waivers.
(4) The refugee status of any alien (and of the spouse or child
of the alien) may be terminated by the Attorney General pursuant to
such regulations as the Attorney General may prescribe if the
Attorney General determines that the alien was not in fact a
refugee within the meaning of section 1101(a)(42) of this title at
the time of the alien's admission.
(d) Oversight reporting and consultation requirements
(1) Before the start of each fiscal year the President shall
report to the Committees on the Judiciary of the House of
Representatives and of the Senate regarding the foreseeable number
of refugees who will be in need of resettlement during the fiscal
year and the anticipated allocation of refugee admissions during
the fiscal year. The President shall provide for periodic
discussions between designated representatives of the President and
members of such committees regarding changes in the worldwide
refugee situation, the progress of refugee admissions, and the
possible need for adjustments in the allocation of admissions among
refugees.
(2) As soon as possible after representatives of the President
initiate appropriate consultation with respect to the number of
refugee admissions under subsection (a) of this section or with
respect to the admission of refugees in response to an emergency
refugee situation under subsection (b) of this section, the
Committees on the Judiciary of the House of Representatives and of
the Senate shall cause to have printed in the Congressional Record
the substance of such consultation.
(3)(A) After the President initiates appropriate consultation
prior to making a determination under subsection (a) of this
section, a hearing to review the proposed determination shall be
held unless public disclosure of the details of the proposal would
jeopardize the lives or safety of individuals.
(B) After the President initiates appropriate consultation prior
to making a determination, under subsection (b) of this section,
that the number of refugee admissions should be increased because
of an unforeseen emergency refugee situation, to the extent that
time and the nature of the emergency refugee situation permit, a
hearing to review the proposal to increase refugee admissions shall
be held unless public disclosure of the details of the proposal
would jeopardize the lives or safety of individuals.
(e) ''Appropriate consultation'' defined
For purposes of this section, the term ''appropriate
consultation'' means, with respect to the admission of refugees and
allocation of refugee admissions, discussions in person by
designated Cabinet-level representatives of the President with
members of the Committees on the Judiciary of the Senate and of the
House of Representatives to review the refugee situation or
emergency refugee situation, to project the extent of possible
participation of the United States therein, to discuss the reasons
for believing that the proposed admission of refugees is justified
by humanitarian concerns or grave humanitarian concerns or is
otherwise in the national interest, and to provide such members
with the following information:
(1) A description of the nature of the refugee situation.
(2) A description of the number and allocation of the refugees
to be admitted and an analysis of conditions within the countries
from which they came.
(3) A description of the proposed plans for their movement and
resettlement and the estimated cost of their movement and
resettlement.
(4) An analysis of the anticipated social, economic, and
demographic impact of their admission to the United States.
(5) A description of the extent to which other countries will
admit and assist in the resettlement of such refugees.
(6) An analysis of the impact of the participation of the
United States in the resettlement of such refugees on the foreign
policy interests of the United States.
(7) Such additional information as may be appropriate or
requested by such members.
To the extent possible, information described in this subsection
shall be provided at least two weeks in advance of discussions in
person by designated representatives of the President with such
members.
(f) Training
(1) The Attorney General, in consultation with the Secretary of
State, shall provide all United States officials adjudicating
refugee cases under this section with the same training as that
provided to officers adjudicating asylum cases under section 1158
of this title.
(2) Such training shall include country-specific conditions,
instruction on the internationally recognized right to freedom of
religion, instruction on methods of religious persecution practiced
in foreign countries, and applicable distinctions within a country
between the nature of and treatment of various religious practices
and believers.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 207, as added Pub.
L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 103;
amended Pub. L. 100-525, Sec. 9(h), Oct. 24, 1988, 102 Stat. 2620;
Pub. L. 101-649, title I, Sec. 104(b), title VI, Sec. 603(a)(4),
Nov. 29, 1990, 104 Stat. 4985, 5082; Pub. L. 102-232, title III,
Sec. 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104-208,
div. C, title VI, Sec. 601(b), Sept. 30, 1996, 110 Stat. 3009-689;
Pub. L. 105-292, title VI, Sec. 602(a), Oct. 27, 1998, 112 Stat.
2812.)
-MISC1-
PRIOR PROVISIONS
A prior section 1157, act June 27, 1952, ch. 477, title II, ch.
1, Sec. 207, 66 Stat. 181, prohibited issuance of immigrant visas
to other immigrants in lieu of immigrants excluded from admission,
immigrants deported, immigrants failing to apply for admission to
the United States, or immigrants found to be nonquota immigrants
after having previously been found to be quota immigrants, prior to
repeal by Pub. L. 89-236, Sec. 7, Oct. 3, 1965, 79 Stat. 916.
AMENDMENTS
1998 - Subsec. (f). Pub. L. 105-292 added subsec. (f).
1996 - Subsec. (a)(5). Pub. L. 104-208 added par. (5).
1991 - Subsec. (c)(3). Pub. L. 102-232 substituted ''subparagraph
(A)'' for ''subparagraphs (A)''.
1990 - Subsec. (a)(4). Pub. L. 101-649, Sec. 104(b), added par.
(4).
Subsec. (c)(3). Pub. L. 101-649, Sec. 603(a)(4), substituted
''(4), (5), and (7)(A)'' for ''(14), (15), (20), (21), (25), and
(32)'' and ''(other than paragraph (2)(C) or subparagraphs (A),
(B), (C), or (E) of paragraph (3))'' for ''(other than paragraph
(27), (29), or (33) and other than so much of paragraph (23) as
relates to trafficking in narcotics)''.
1988 - Subsec. (c)(1). Pub. L. 100-525 substituted ''otherwise''
for ''otherwide''.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102-232 provided that the amendments
made by that section (amending this section, sections 1159, 1161,
1187, 1188, 1254a, 1255a, and 1322 of this title, and provisions
set out as notes under sections 1101 and 1255 of this title) are
effective as if included in section 603(a) of the Immigration Act
of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 104(b) of Pub. L. 101-649 effective Nov. 29,
1990, and (unless otherwise provided) applicable to fiscal year
1991, see section 161(b) of Pub. L. 101-649, set out as a note
under section 1101 of this title.
Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101-649, set out as a note under
section 1101 of this title.
EFFECTIVE DATE
Section (with the exception of subsec. (c) which is effective
Apr. 1, 1980) effective, except as otherwise provided, Mar. 17,
1980, and applicable to fiscal years beginning with the fiscal year
beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out
as an Effective Date of 1980 Amendment note under section 1101 of
this title.
ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE
DETERMINATIONS
Pub. L. 101-167, title V, Sec. 599D, Nov. 21, 1989, 103 Stat.
1261, as amended by Pub. L. 101-513, title V, Sec. 598(a), Nov. 5,
1990, 104 Stat. 2063; Pub. L. 102-391, title V, Sec. 582(a)(1),
(b)(1), (c), Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102-511, title
IX, Sec. 905(a), (b)(1), (c), Oct. 24, 1992, 106 Stat. 3356; Pub.
L. 103-236, title V, Sec. 512(1), Apr. 30, 1994, 108 Stat. 466;
Pub. L. 104-208, div. A, title I, Sec. 101(c) (title V, Sec.
575(1)), Sept. 30, 1996, 110 Stat. 3009-121, 3009-168; Pub. L.
104-319, title I, Sec. 101(1), Oct. 19, 1996, 110 Stat. 3865; Pub.
L. 105-118, title V, Sec. 574(1), Nov. 26, 1997, 111 Stat. 2432;
Pub. L. 105-277, div. A, Sec. 101(f) (title VII, Sec. 705(1)),
Oct. 21, 1998, 112 Stat. 2681-337, 2681-389, provided that:
''(a) In General. - In the case of an alien who is within a
category of aliens established under subsection (b), the alien may
establish, for purposes of admission as a refugee under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157), that the
alien has a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion by asserting such a fear and asserting a credible
basis for concern about the possibility of such persecution.
''(b) Establishment of Categories. -
''(1) For purposes of subsection (a), the Attorney General, in
consultation with the Secretary of State and the Coordinator for
Refugee Affairs, shall establish -
''(A) one or more categories of aliens who are or were
nationals and residents of an independent state of the former
Soviet Union or of Estonia, Latvia, or Lithuania and who share
common characteristics that identify them as targets of
persecution in that state on account of race, religion,
nationality, membership in a particular social group, or
political opinion, and
''(B) one or more categories of aliens who are or were
nationals and residents of Vietnam, Laos, or Cambodia and who
share common characteristics that identify them as targets of
persecution in such respective foreign state on such an
account.
''(2)(A) Aliens who are (or were) nationals and residents of an
independent state of the former Soviet Union or of Estonia,
Latvia, or Lithuania and who are Jews or Evangelical Christians
shall be deemed a category of alien established under paragraph
(1)(A).
''(B) Aliens who are (or were) nationals of an independent
state of the former Soviet Union or of Estonia, Latvia, or
Lithuania and who are current members of, and demonstrate public,
active, and continuous participation (or attempted participation)
in the religious activities of, the Ukrainian Catholic Church or
the Ukrainian Orthodox Church, shall be deemed a category of
alien established under paragraph (1)(A).
''(C) Aliens who are (or were) nationals and residents of
Vietnam, Laos, or Cambodia and who are members of categories of
individuals determined, by the Attorney General in accordance
with 'Immigration and Naturalization Service Worldwide Guidelines
for Overseas Refugee Processing' (issued by the Immigration and
Naturalization Service in August 1983) shall be deemed a category
of alien established under paragraph (1)(B).
''(3) Within the number of admissions of refugees allocated for
for (sic) each of fiscal years 1990, 1991, and 1992 for refugees
who are nationals of the Soviet Union under section 207(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1157(a)(3)) and
within the number of such admissions allocated for each of fiscal
years 1993, 1994, 1995, 1996, 1997, 1998, and 1999 for refugees
who are nationals of the independent states of the former Soviet
Union, Estonia, Latvia, and Lithuania under such section,
notwithstanding any other provision of law, the President shall
allocate one thousand of such admissions for such fiscal year to
refugees who are within the category of aliens described in
paragraph (2)(B).
''(c) Written Reasons for Denials of Refugee Status. - Each
decision to deny an application for refugee status of an alien who
is within a category established under this section shall be in
writing and shall state, to the maximum extent feasible, the reason
for the denial.
''(d) Permitting Certain Aliens Within Categories to Reapply for
Refugee Status. - Each alien who is within a category established
under this section and who (after August 14, 1988, and before the
date of the enactment of this Act (Nov. 21, 1989)) was denied
refugee status shall be permitted to reapply for such status. Such
an application shall be determined taking into account the
application of this section.
''(e) Period of Application. -
''(1) Subsections (a) and (b) shall take effect on the date of
the enactment of this Act (Nov. 21, 1989) and shall only apply to
applications for refugee status submitted before October 1, 1999.
''(2) Subsection (c) shall apply to decisions made after the
date of the enactment of this Act and before October 1, 1999.
''(3) Subsection (d) shall take effect on the date of the
enactment of this Act and shall only apply to reapplications for
refugee status submitted before October 1, 1999.''
(Except as otherwise provided, Secretary of State to have and
exercise any authority vested by law in any official or office of
Department of State and references to such officials or offices
deemed to refer to Secretary of State or Department of State, as
appropriate, see section 2651a of Title 22, Foreign Relations and
Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
note under section 2651a of Title 22.)
EL SALVADORAN REFUGEES
Pub. L. 97-113, title VII, Sec. 731, Dec. 29, 1981, 95 Stat.
1557, provided that: ''It is the sense of the Congress that the
administration should continue to review, on a case-by-case basis,
petitions for extended voluntary departure made by citizens of El
Salvador who claim that they are subject to persecution in their
homeland, and should take full account of the civil strife in El
Salvador in making decisions on such petitions.''
TIME FOR DETERMINATIONS BY PRESIDENT FOR FISCAL YEAR 1980
Section 204(d)(1) of Pub. L. 96-212 provided that:
''Notwithstanding section 207(a) of the Immigration and Nationality
Act (as added by section 201(b) of this title (subsec. (a) of this
section), the President may make the determination described in the
first sentence of such section not later than forty-five days after
the date of the enactment of this Act (Mar. 17, 1980) for fiscal
year 1980.''
PRESIDENTIAL DETERMINATION CONCERNING ADMISSION AND ADJUSTMENT OF
STATUS OF REFUGEES
Determinations by the President pursuant to this section
concerning the admission and adjustment of status of refugees for
particular fiscal years were contained in the following
Presidential Determinations:
Presidential Determination No. 98-39, Sept. 30, 1998, 63 F.R.
55001.
Presidential Determination No. 97-37, Sept. 30, 1997, 62 F.R.
53219.
Presidential Determination No. 96-59, Sept. 30, 1996, 61 F.R.
56869.
Presidential Determination No. 95-48, Sept. 29, 1995, 60 F.R.
53091.
Presidential Determination No. 95-1, Oct. 1, 1994, 59 F.R. 52393.
Presidential Determination No. 94-1, Oct. 1, 1993, 58 F.R. 52213.
Presidential Determination No. 93-1, Oct. 2, 1992, 57 F.R. 47253.
Presidential Determination No. 92-2, Oct. 9, 1991, 56 F.R. 51633.
Presidential Determination No. 91-3, Oct. 12, 1990, 55 F.R.
41979.
Presidential Determination No. 90-2, Oct. 6, 1989, 54 F.R. 43035.
Presidential Determination No. 89-15, June 19, 1989, 54 F.R.
31493.
Presidential Determination No. 89-2, Oct. 5, 1988, 53 F.R. 45249.
Presidential Determination No. 88-16, May 20, 1988, 53 F.R.
21405.
Presidential Determination No. 88-01, Oct. 5, 1987, 52 F.R.
42073.
Presidential Determination No. 87-1, Oct. 17, 1986, 51 F.R.
39637.
Presidential Determination No. 83-2, Oct. 11, 1982, 47 F.R.
46483.
Presidential Determination No. 82-1, Oct. 10, 1981, 46 F.R.
55233.
Presidential Determination No. 80-28, Sept. 30, 1980, 45 F.R.
68365.
-EXEC-
EX. ORD. NO. 12208. CONSULTATIONS ON THE ADMISSION OF REFUGEES
Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as amended by
Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the Refugee Act
of 1980 (P.L. 96-212; 8 U.S.C. 1101 note), the Immigration and
Nationality Act, as amended (8 U.S.C. 1101 et seq.), and Section
301 of Title 3 of the United States Code, it is hereby ordered as
follows:
1-101. Exclusive of the functions otherwise delegated, or
reserved to the President, by this Order, there are hereby
delegated the following functions:
(a) To the Secretary of State and the Attorney General, or either
of them, the functions of initiating and carrying out appropriate
consultations with members of the Committees on the Judiciary of
the Senate and of the House of Representatives for purposes of
Sections 101(a)(42)(B) and 207(a), (b), (d), and (e) of the
Immigration and Nationality Act, as amended (8 U.S.C.
1101(a)(42)(B) and 1157(a), (b), (d), and (e)).
(b) To the United States Coordinator for Refugee Affairs, the
functions of reporting and carrying on periodic discussions under
section 207(d)(1) of the Immigration and Nationality Act, as
amended (8 U.S.C. 1157(d)(1)).
1-102. (a) The functions vested in the United States Coordinator
for Refugee Affairs by Section 1-101(b) of this Order shall be
carried out in consultation with the Secretary of State, the
Attorney General, and the Secretary of Health and Human Services.
(b) The United States Coordinator shall notify the Committees on
the Judiciary of the Senate and of the House of Representatives
that the Secretary of State and the Attorney General, or either of
them, wish to consult for the purposes of Section 207(a), (b), or
(d) of the Immigration and Nationality Act, as amended (8 U.S.C.
1157(a), (b), or (d)). The United States Coordinator for Refugee
Affairs shall, in accord with his responsibilities under Section
301 of the Refugee Act of 1980 (8 U.S.C. 1525), prepare for those
Committees the information required by 207(e) of the Immigration
and Nationality Act, as amended.
1-103. There are reserved to the President the following
functions under the Immigration and Nationality Act, as amended (8
U.S.C. 1101 et seq.).
(a) To specify special circumstances for purposes of qualifying
persons as refugees under Section 101(a)(42)(B) (8 U.S.C.
1101(a)(42)(B)).
(b) To make determinations under Sections 207(a)(1), 207(a)(2),
207(a)(3) and 207(b) (8 U.S.C. 1157(a)(1) to (3) and (b)).
(c) To fix the number of refugees to be admitted under Section
207(b).
1-104. Except to the extent inconsistent with this Order, all
actions previously taken pursuant to any function delegated or
assigned by this Order shall be deemed to have been taken and
authorized by this Order.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1151, 1159, 1181,
1182, 1225, 1252, 1324b, 1522, 1612, 1613, 1622, 1641 of this
title; title 7 section 2015; title 22 section 4703; title 42
sections 608, 1382j, 1436a.
-CITE-
8 USC Sec. 1158 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1158. Asylum
-STATUTE-
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who
arrives in the United States (whether or not at a designated port
of arrival and including an alien who is brought to the United
States after having been interdicted in international or United
States waters), irrespective of such alien's status, may apply
for asylum in accordance with this section or, where applicable,
section 1225(b) of this title.
(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney
General determines that the alien may be removed, pursuant to a
bilateral or multilateral agreement, to a country (other than
the country of the alien's nationality or, in the case of an
alien having no nationality, the country of the alien's last
habitual residence) in which the alien's life or freedom would
not be threatened on account of race, religion, nationality,
membership in a particular social group, or political opinion,
and where the alien would have access to a full and fair
procedure for determining a claim to asylum or equivalent
temporary protection, unless the Attorney General finds that it
is in the public interest for the alien to receive asylum in
the United States.
(B) Time limit
Subject to subparagraph (D), paragraph (1) shall not apply to
an alien unless the alien demonstrates by clear and convincing
evidence that the application has been filed within 1 year
after the date of the alien's arrival in the United States.
(C) Previous asylum applications
Subject to subparagraph (D), paragraph (1) shall not apply to
an alien if the alien has previously applied for asylum and had
such application denied.
(D) Changed circumstances
An application for asylum of an alien may be considered,
notwithstanding subparagraphs (B) and (C), if the alien
demonstrates to the satisfaction of the Attorney General either
the existence of changed circumstances which materially affect
the applicant's eligibility for asylum or extraordinary
circumstances relating to the delay in filing an application
within the period specified in subparagraph (B).
(3) Limitation on judicial review
No court shall have jurisdiction to review any determination of
the Attorney General under paragraph (2).
(b) Conditions for granting asylum
(1) In general
The Attorney General may grant asylum to an alien who has
applied for asylum in accordance with the requirements and
procedures established by the Attorney General under this section
if the Attorney General determines that such alien is a refugee
within the meaning of section 1101(a)(42)(A) of this title.
(2) Exceptions
(A) In general
Paragraph (1) shall not apply to an alien if the Attorney
General determines that -
(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
(ii) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
(iii) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
(iv) there are reasonable grounds for regarding the alien
as a danger to the security of the United States;
(v) the alien is inadmissible under subclause (I), (II),
(III), or (IV) of section 1182(a)(3)(B)(i) of this title or
removable under section 1227(a)(4)(B) of this title (relating
to terrorist activity), unless, in the case only of an alien
inadmissible under subclause (IV) of section 1182(a)(3)(B)(i)
of this title, the Attorney General determines, in the
Attorney General's discretion, that there are not reasonable
grounds for regarding the alien as a danger to the security
of the United States; or
(vi) the alien was firmly resettled in another country
prior to arriving in the United States.
(B) Special rules
(i) Conviction of aggravated felony
For purposes of clause (ii) of subparagraph (A), an alien
who has been convicted of an aggravated felony shall be
considered to have been convicted of a particularly serious
crime.
(ii) Offenses
The Attorney General may designate by regulation offenses
that will be considered to be a crime described in clause
(ii) or (iii) of subparagraph (A).
(C) Additional limitations
The Attorney General may by regulation establish additional
limitations and conditions, consistent with this section, under
which an alien shall be ineligible for asylum under paragraph
(1).
(D) No judicial review
There shall be no judicial review of a determination of the
Attorney General under subparagraph (A)(v).
(3) Treatment of spouse and children
A spouse or child (as defined in section 1101(b)(1)(A), (B),
(C), (D), or (E) of this title) of an alien who is granted asylum
under this subsection may, if not otherwise eligible for asylum
under this section, be granted the same status as the alien if
accompanying, or following to join, such alien.
(c) Asylum status
(1) In general
In the case of an alien granted asylum under subsection (b) of
this section, the Attorney General -
(A) shall not remove or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual
residence;
(B) shall authorize the alien to engage in employment in the
United States and provide the alien with appropriate
endorsement of that authorization; and
(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.
(2) Termination of asylum
Asylum granted under subsection (b) of this section does not
convey a right to remain permanently in the United States, and
may be terminated if the Attorney General determines that -
(A) the alien no longer meets the conditions described in
subsection (b)(1) of this section owing to a fundamental change
in circumstances;
(B) the alien meets a condition described in subsection
(b)(2) of this section;
(C) the alien may be removed, pursuant to a bilateral or
multilateral agreement, to a country (other than the country of
the alien's nationality or, in the case of an alien having no
nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political opinion,
and where the alien is eligible to receive asylum or equivalent
temporary protection;
(D) the alien has voluntarily availed himself or herself of
the protection of the alien's country of nationality or, in the
case of an alien having no nationality, the alien's country of
last habitual residence, by returning to such country with
permanent resident status or the reasonable possibility of
obtaining such status with the same rights and obligations
pertaining to other permanent residents of that country; or
(E) the alien has acquired a new nationality and enjoys the
protection of the country of his or her new nationality.
(3) Removal when asylum is terminated
An alien described in paragraph (2) is subject to any
applicable grounds of inadmissibility or deportability under
section (FOOTNOTE 1) 1182(a) and 1227(a) of this title, and the
alien's removal or return shall be directed by the Attorney
General in accordance with sections 1229a and 1231 of this title.
(FOOTNOTE 1) So in original. Probably should be ''sections''.
(d) Asylum procedure
(1) Applications
The Attorney General shall establish a procedure for the
consideration of asylum applications filed under subsection (a)
of this section. The Attorney General may require applicants to
submit fingerprints and a photograph at such time and in such
manner to be determined by regulation by the Attorney General.
(2) Employment
An applicant for asylum is not entitled to employment
authorization, but such authorization may be provided under
regulation by the Attorney General. An applicant who is not
otherwise eligible for employment authorization shall not be
granted such authorization prior to 180 days after the date of
filing of the application for asylum.
(3) Fees
The Attorney General may impose fees for the consideration of
an application for asylum, for employment authorization under
this section, and for adjustment of status under section 1159(b)
of this title. Such fees shall not exceed the Attorney General's
costs in adjudicating the applications. The Attorney General may
provide for the assessment and payment of such fees over a period
of time or by installments. Nothing in this paragraph shall be
construed to require the Attorney General to charge fees for
adjudication services provided to asylum applicants, or to limit
the authority of the Attorney General to set adjudication and
naturalization fees in accordance with section 1356(m) of this
title.
(4) Notice of privilege of counsel and consequences of frivolous
application
At the time of filing an application for asylum, the Attorney
General shall -
(A) advise the alien of the privilege of being represented by
counsel and of the consequences, under paragraph (6), of
knowingly filing a frivolous application for asylum; and
(B) provide the alien a list of persons (updated not less
often than quarterly) who have indicated their availability to
represent aliens in asylum proceedings on a pro bono basis.
(5) Consideration of asylum applications
(A) Procedures
The procedure established under paragraph (1) shall provide
that -
(i) asylum cannot be granted until the identity of the
applicant has been checked against all appropriate records or
databases maintained by the Attorney General and by the
Secretary of State, including the Automated Visa Lookout
System, to determine any grounds on which the alien may be
inadmissible to or deportable from the United States, or
ineligible to apply for or be granted asylum;
(ii) in the absence of exceptional circumstances, the
initial interview or hearing on the asylum application shall
commence not later than 45 days after the date an application
is filed;
(iii) in the absence of exceptional circumstances, final
administrative adjudication of the asylum application, not
including administrative appeal, shall be completed within
180 days after the date an application is filed;
(iv) any administrative appeal shall be filed within 30
days of a decision granting or denying asylum, or within 30
days of the completion of removal proceedings before an
immigration judge under section 1229a of this title,
whichever is later; and
(v) in the case of an applicant for asylum who fails
without prior authorization or in the absence of exceptional
circumstances to appear for an interview or hearing,
including a hearing under section 1229a of this title, the
application may be dismissed or the applicant may be
otherwise sanctioned for such failure.
(B) Additional regulatory conditions
The Attorney General may provide by regulation for any other
conditions or limitations on the consideration of an
application for asylum not inconsistent with this chapter.
(6) Frivolous applications
If the Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien has
received the notice under paragraph (4)(A), the alien shall be
permanently ineligible for any benefits under this chapter,
effective as of the date of a final determination on such
application.
(7) No private right of action
Nothing in this subsection shall be construed to create any
substantive or procedural right or benefit that is legally
enforceable by any party against the United States or its
agencies or officers or any other person.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 208, as added Pub.
L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105;
amended Pub. L. 101-649, title V, Sec. 515(a)(1), Nov. 29, 1990,
104 Stat. 5053; Pub. L. 103-322, title XIII, Sec. 130005(b), Sept.
13, 1994, 108 Stat. 2028; Pub. L. 104-132, title IV, Sec. 421(a),
Apr. 24, 1996, 110 Stat. 1270; Pub. L. 104-208, div. C, title VI,
Sec. 604(a), Sept. 30, 1996, 110 Stat. 3009-690.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-208 substituted ''Asylum'' for ''Asylum
procedure'' as section catchline and amended text generally,
substituting subsecs. (a) to (d) for former subsecs. (a) to (e).
Subsec. (a). Pub. L. 104-132, Sec. 421(a), inserted at end ''The
Attorney General may not grant an alien asylum if the Attorney
General determines that the alien is excludable under subclause
(I), (II), or (III) of section 1182(a)(3)(B)(i) of this title or
deportable under section 1251(a)(4)(B) of this title, unless the
Attorney General determines, in the discretion of the Attorney
General, that there are not reasonable grounds for regarding the
alien as a danger to the security of the United States.''
1994 - Subsec. (e). Pub. L. 103-322 added subsec. (e).
1990 - Subsec. (d). Pub. L. 101-649 added subsec. (d).
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 604(c) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall
apply to applications for asylum filed on or after the first day of
the first month beginning more than 180 days after the date of the
enactment of this Act (Sept. 30, 1996).
Section 421(b) of Pub. L. 104-132 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
the date of the enactment of this Act (Apr. 24, 1996) and apply to
asylum determinations made on or after such date.''
EFFECTIVE DATE OF 1990 AMENDMENT
Section 515(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 306(a)(13), Dec. 12, 1991, 105 Stat. 1752, provided
that:
''(1) The amendment made by subsection (a)(1) (amending this
section) shall apply to convictions entered before, on, or after
the date of the enactment of this Act (Nov. 29, 1990) and to
applications for asylum made on or after such date.
''(2) The amendment made by subsection (a)(2) (amending section
1253 of this title) shall apply to convictions entered before, on,
or after the date of the enactment of this Act (Nov. 29, 1990) and
to applications for withholding of deportation made on or after
such date.''
EFFECTIVE DATE
Section effective Mar. 17, 1980, and applicable to fiscal years
beginning with the fiscal year beginning Oct. 1, 1979, see section
204 of Pub. L. 96-212, set out as an Effective Date of 1980
Amendment note under section 1101 of this title.
EXPEDITIOUS REMOVAL FOR DENIED ASYLUM APPLICANTS
Section 130005 of Pub. L. 103-322, as amended by Pub. L. 104-208,
div. C, title III, Sec. 308(e)(1)(P), (17), Sept. 30, 1996, 110
Stat. 3009-620, 3009-621, provided:
''(a) In General. - The Attorney General may provide for the
expeditious adjudication of asylum claims and the expeditious
removal of asylum applicants whose applications have been finally
denied, unless the applicant remains in an otherwise valid
nonimmigrant status.
''(b) Employment Authorization. - (Amended this section.)
''(c) Authorization of Appropriations. - There are authorized to
be appropriated to carry out this section -
''(1) $64,000,000 for fiscal year 1995;
''(2) $90,000,000 for fiscal year 1996;
''(3) $93,000,000 for fiscal year 1997; and
''(4) $91,000,000 for fiscal year 1998.''
TIME FOR ESTABLISHMENT OF ASYLUM PROCEDURE BY ATTORNEY GENERAL
Section 204(d)(2) of Pub. L. 96-212 provided that: ''The Attorney
General shall establish the asylum procedure referred to in section
208(a) of the Immigration and Nationality Act (as added by section
201(b) of this title) (former subsec. (a) of this section) not
later than June 1, 1980.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1157, 1182, 1225, 1229a,
1252, 1254a, 1324b, 1324c, 1427, 1534, 1612, 1613, 1622, 1641 of
this title; title 7 section 2015; title 22 section 4703; title 42
sections 608, 1436a.
-CITE-
8 USC Sec. 1159 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1159. Adjustment of status of refugees
-STATUTE-
(a) Criteria and procedures applicable for admission as immigrant;
effect of adjustment
(1) Any alien who has been admitted to the United States under
section 1157 of this title -
(A) whose admission has not been terminated by the Attorney
General pursuant to such regulations as the Attorney General may
prescribe,
(B) who has been physically present in the United States for at
least one year, and
(C) who has not acquired permanent resident status,
shall, at the end of such year period, return or be returned to the
custody of the Service for inspection and examination for admission
to the United States as an immigrant in accordance with the
provisions of sections 1225, 1229a, and 1231 of this title.
(2) Any alien who is found upon inspection and examination by an
immigration officer pursuant to paragraph (1) or after a hearing
before an immigration judge to be admissible (except as otherwise
provided under subsection (c) of this section) as an immigrant
under this chapter at the time of the alien's inspection and
examination shall, notwithstanding any numerical limitation
specified in this chapter, be regarded as lawfully admitted to the
United States for permanent residence as of the date of such
alien's arrival into the United States.
(b) Maximum number of adjustments; recordkeeping
Not more than 10,000 of the refugee admissions authorized under
section 1157(a) of this title in any fiscal year may be made
available by the Attorney General, in the Attorney General's
discretion and under such regulations as the Attorney General may
prescribe, to adjust to the status of an alien lawfully admitted
for permanent residence the status of any alien granted asylum who
-
(1) applies for such adjustment,
(2) has been physically present in the United States for at
least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section
1101(a)(42)(A) of this title or a spouse or child of such a
refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under
subsection (c) of this section) as an immigrant under this
chapter at the time of examination for adjustment of such alien.
Upon approval of an application under this subsection, the Attorney
General shall establish a record of the alien's admission for
lawful permanent residence as of the date one year before the date
of the approval of the application.
(c) Applicability of other Federal statutory requirements
The provisions of paragraphs (4), (5), and (7)(A) of section
1182(a) of this title shall not be applicable to any alien seeking
adjustment of status under this section, and the Attorney General
may waive any other provision of such section (other than paragraph
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with
respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 209, as added Pub.
L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105;
amended Pub. L. 101-649, title I, Sec. 104(a)(1), title VI, Sec.
603(a)(4), Nov. 29, 1990, 104 Stat. 4985, 5082; Pub. L. 102-232,
title III, Sec. 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L.
104-208, div. C, title III, Sec. 308(g)(3)(A), (4)(A), 371(b)(2),
Sept. 30, 1996, 110 Stat. 3009-622, 3009-645.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 308(g)(3)(A),
(4)(A), substituted ''1229a'' for ''1226'' and ''1231'' for
''1227'' in concluding provisions.
Subsec. (a)(2). Pub. L. 104-208, Sec. 371(b)(2), substituted ''an
immigration judge'' for ''a special inquiry officer''.
1991 - Subsec. (c). Pub. L. 102-232 substituted ''subparagraph
(A)'' for ''subparagraphs (A)''.
1990 - Subsec. (b). Pub. L. 101-649, Sec. 104(a)(1), substituted
''10,000'' for ''five thousand''.
Subsec. (c). Pub. L. 101-649, Sec. 603(a)(4), substituted ''(4),
(5), and (7)(A)'' for ''(14), (15), (20), (21), (25), and (32)''
and ''(other than paragraph (2)(C) or subparagraphs (A), (B), (C),
or (E) of paragraph (3))'' for ''(other than paragraph (27), (29),
or (33) and other than so much of paragraph (23) as relates to
trafficking in narcotics)''.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(g)(3)(A), (4)(A) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
Amendment by section 371(b)(2) of Pub. L. 104-208 effective Sept.
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 603(a)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 104(a)(2) of Pub. L. 101-649 provided that: ''The
amendment made by paragraph (1) (amending this section) shall apply
to fiscal years beginning with fiscal year 1991 and the President
is authorized, without the need for appropriate consultation, to
increase the refugee determination previously made under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) for
fiscal year 1991 in order to make such amendment effective for such
fiscal year.''
Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101-649, set out as a note under
section 1101 of this title.
EFFECTIVE DATE
Section effective, except as otherwise provided, Mar. 17, 1980,
and applicable to fiscal years beginning with the fiscal year
beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out
as an Effective Date of 1980 Amendment note under section 1101 of
this title.
WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT ASYLEES;
ADJUSTMENT OF CERTAIN FORMER ASYLEES
Section 104(c), (d) of Pub. L. 101-649, as amended by Pub. L.
104-208, div. C, title VI, Sec. 604(b)(2), Sept. 30, 1996, 110
Stat. 3009-694, provided that:
''(c) Waiver of Numerical Limitation for Certain Current Asylees.
- The numerical limitation on the number of aliens whose status may
be adjusted under section 209(b) of the Immigration and Nationality
Act (8 U.S.C. 1159(b)) shall not apply to an alien described in
subsection (d) or to an alien who has applied for adjustment of
status under such section on or before June 1, 1990.
''(d) Adjustment of Certain Former Asylees. -
''(1) In general. - Subject to paragraph (2), the provisions of
section 209(b) of the Immigration and Nationality Act (8 U.S.C.
1159(b)) shall also apply to an alien -
''(A) who was granted asylum before the date of the enactment
of this Act (Nov. 29, 1990) (regardless of whether or not such
asylum has been terminated under section 208 of the Immigration
and Nationality Act (8 U.S.C. 1158)),
''(B) who is no longer a refugee because of a change in
circumstances in a foreign state, and
''(C) who was (or would be) qualified for adjustment of
status under section 209(b) of the Immigration and Nationality
Act as of the date of the enactment of this Act but for
paragraphs (2) and (3) thereof and but for any numerical
limitation under such section.
''(2) Application of per country limitations. - The number of
aliens who are natives of any foreign state who may adjust status
pursuant to paragraph (1) in any fiscal year shall not exceed the
difference between the per country limitation established under
section 202(a) of the Immigration and Nationality Act (8 U.S.C.
1152(a)) and the number of aliens who are chargeable to that
foreign state in the fiscal year under section 202 of such Act.''
(Section 104(c), (d) of Pub. L. 101-649 effective Nov. 29, 1990,
and (unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1151, 1158, 1160, 1255a
of this title.
-CITE-
8 USC Sec. 1160 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1160. Special agricultural workers
-STATUTE-
(a) Lawful residence
(1) In general
The Attorney General shall adjust the status of an alien to
that of an alien lawfully admitted for temporary residence if the
Attorney General determines that the alien meets the following
requirements:
(A) Application period
The alien must apply for such adjustment during the 18-month
period beginning on the first day of the seventh month that
begins after November 6, 1986.
(B) Performance of seasonal agricultural services and residence
in the United States
The alien must establish that he has -
(i) resided in the United States, and
(ii) performed seasonal agricultural services in the United
States for at least 90 man-days,
during the 12-month period ending on May 1, 1986. For purposes
of the previous sentence, performance of seasonal agricultural
services in the United States for more than one employer on any
one day shall be counted as performance of services for only 1
man-day.
(C) Admissible as immigrant
The alien must establish that he is admissible to the United
States as an immigrant, except as otherwise provided under
subsection (c)(2) of this section.
(2) Adjustment to permanent residence
The Attorney General shall adjust the status of any alien
provided lawful temporary resident status under paragraph (1) to
that of an alien lawfully admitted for permanent residence on the
following date:
(A) Group 1
Subject to the numerical limitation established under
subparagraph (C), in the case of an alien who has established,
at the time of application for temporary residence under
paragraph (1), that the alien performed seasonal agricultural
services in the United States for at least 90 man-days during
each of the 12-month periods ending on May 1, 1984, 1985, and
1986, the adjustment shall occur on the first day after the end
of the one-year period that begins on the later of (I) the date
the alien was granted such temporary resident status, or (II)
the day after the last day of the application period described
in paragraph (1)(A).
(B) Group 2
In the case of aliens to which subparagraph (A) does not
apply, the adjustment shall occur on the day after the last day
of the two-year period that begins on the later of (I) the date
the alien was granted such temporary resident status, or (II)
the day after the last day of the application period described
in paragraph (1)(A).
(C) Numerical limitation
Subparagraph (A) shall not apply to more than 350,000
aliens. If more than 350,000 aliens meet the requirements of
such subparagraph, such subparagraph shall apply to the 350,000
aliens whose applications for adjustment were first filed under
paragraph (1) and subparagraph (B) shall apply to the remaining
aliens.
(3) Termination of temporary residence
(A) During the period of temporary resident status granted an
alien under paragraph (1), the Attorney General may terminate
such status only upon a determination under this chapter that the
alien is deportable.
(B) Before any alien becomes eligible for adjustment of status
under paragraph (2), the Attorney General may deny adjustment to
permanent status and provide for termination of the temporary
resident status granted such alien under paragraph (1) if -
(i) the Attorney General finds by a preponderance of the
evidence that the adjustment to temporary resident status was
the result of fraud or willful misrepresentation as set out in
section 1182(a)(6)(C)(i) of this title, or
(ii) the alien commits an act that (I) makes the alien
inadmissible to the United States as an immigrant, except as
provided under subsection (c)(2) of this section, or (II) is
convicted of a felony or 3 or more misdemeanors committed in
the United States.
(4) Authorized travel and employment during temporary residence
During the period an alien is in lawful temporary resident
status granted under this subsection, the alien has the right to
travel abroad (including commutation from a residence abroad) and
shall be granted authorization to engage in employment in the
United States and shall be provided an ''employment authorized''
endorsement or other appropriate work permit, in the same manner
as for aliens lawfully admitted for permanent residence.
(5) In general
Except as otherwise provided in this subsection, an alien who
acquires the status of an alien lawfully admitted for temporary
residence under paragraph (1), such status not having changed, is
considered to be an alien lawfully admitted for permanent
residence (as described in section 1101(a)(20) of this title),
other than under any provision of the immigration laws.
(b) Applications for adjustment of status
(1) To whom may be made
(A) Within the United States
The Attorney General shall provide that applications for
adjustment of status under subsection (a) may be filed -
(i) with the Attorney General, or
(ii) with a designated entity (designated under paragraph
(2)), but only if the applicant consents to the forwarding of
the application to the Attorney General.
(B) Outside the United States
The Attorney General, in cooperation with the Secretary of
State, shall provide a procedure whereby an alien may apply for
adjustment of status under subsection (a)(1) of this section at
an appropriate consular office outside the United States. If
the alien otherwise qualifies for such adjustment, the Attorney
General shall provide such documentation of authorization to
enter the United States and to have the alien's status adjusted
upon entry as may be necessary to carry out the provisions of
this section.
(2) Designation of entities to receive applications
For purposes of receiving applications under this section, the
Attorney General -
(A) shall designate qualified voluntary organizations and
other qualified State, local, community, farm labor
organizations, and associations of agricultural employers, and
(B) may designate such other persons as the Attorney General
determines are qualified and have substantial experience,
demonstrated competence, and traditional long-term involvement
in the preparation and submittal of applications for adjustment
of status under section 1159 or 1255 of this title, Public Law
89-732 (8 U.S.C. 1255 note), or Public Law 95-145 (8 U.S.C.
1255 note).
(3) Proof of eligibility
(A) In general
An alien may establish that he meets the requirement of
subsection (a)(1)(B)(ii) of this section through government
employment records, records supplied by employers or collective
bargaining organizations, and such other reliable documentation
as the alien may provide. The Attorney General shall establish
special procedures to credit properly work in cases in which an
alien was employed under an assumed name.
(B) Documentation of work history
(i) An alien applying for adjustment of status under
subsection (a)(1) of this section has the burden of proving by
a preponderance of the evidence that the alien has worked the
requisite number of man-days (as required under subsection
(a)(1)(B)(ii) of this section).
(ii) If an employer or farm labor contractor employing such
an alien has kept proper and adequate records respecting such
employment, the alien's burden of proof under clause (i) may be
met by securing timely production of those records under
regulations to be promulgated by the Attorney General.
(iii) An alien can meet such burden of proof if the alien
establishes that the alien has in fact performed the work
described in subsection (a)(1)(B)(ii) of this section by
producing sufficient evidence to show the extent of that
employment as a matter of just and reasonable inference. In
such a case, the burden then shifts to the Attorney General to
disprove the alien's evidence with a showing which negates the
reasonableness of the inference to be drawn from the evidence.
(4) Treatment of applications by designated entities
Each designated entity must agree to forward to the Attorney
General applications filed with it in accordance with paragraph
(1)(A)(ii) but not to forward to the Attorney General
applications filed with it unless the applicant has consented to
such forwarding. No such entity may make a determination
required by this section to be made by the Attorney General.
(5) Limitation on access to information
Files and records prepared for purposes of this section by
designated entities operating under this section are confidential
and the Attorney General and the Service shall not have access to
such files or records relating to an alien without the consent of
the alien, except as allowed by a court order issued pursuant to
paragraph (6) of this subsection.
(6) Confidentiality of information
(A) In general
Except as provided in this paragraph, neither the Attorney
General, nor any other official or employee of the Department
of Justice, or bureau or agency thereof, may -
(i) use the information furnished by the applicant pursuant
to an application filed under this section for any purpose
other than to make a determination on the application,
including a determination under subsection (a)(3)(B) of this
section, or for enforcement of paragraph (7);
(ii) make any publication whereby the information furnished
by any particular individual can be identified; or
(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
(B) Required disclosures
The Attorney General shall provide information furnished
under this section, and any other information derived from such
furnished information, to a duly recognized law enforcement
entity in connection with a criminal investigation or
prosecution, when such information is requested in writing by
such entity, or to an official coroner for purposes of
affirmatively identifying a deceased individual (whether or not
such individual is deceased as a result of a crime).
(C) Construction
(i) In general
Nothing in this paragraph shall be construed to limit the
use, or release, for immigration enforcement purposes or law
enforcement purposes of information contained in files or
records of the Service pertaining to an application filed
under this section, other than information furnished by an
applicant pursuant to the application, or any other
information derived from the application, that is not
available from any other source.
(ii) Criminal convictions
Information concerning whether the applicant has at any
time been convicted of a crime may be used or released for
immigration enforcement or law enforcement purposes.
(D) Crime
Whoever knowingly uses, publishes, or permits information to
be examined in violation of this paragraph shall be fined not
more than $10,000.
(7) Penalties for false statements in applications
(A) Criminal penalty
Whoever -
(i) files an application for adjustment of status under
this section and knowingly and willfully falsifies, conceals,
or covers up a material fact or makes any false, fictitious,
or fraudulent statements or representations, or makes or uses
any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry, or
(ii) creates or supplies a false writing or document for
use in making such an application,
shall be fined in accordance with title 18 or imprisoned not
more than five years, or both.
(B) Exclusion
An alien who is convicted of a crime under subparagraph (A)
shall be considered to be inadmissible to the United States on
the ground described in section 1182(a)(6)(C)(i) of this title.
(c) Waiver of numerical limitations and certain grounds for
exclusion
(1) Numerical limitations do not apply
The numerical limitations of sections 1151 and 1152 of this
title shall not apply to the adjustment of aliens to lawful
permanent resident status under this section.
(2) Waiver of grounds for exclusion
In the determination of an alien's admissibility under
subsection (a)(1)(C) of this section -
(A) Grounds of exclusion not applicable
The provisions of paragraphs (5) and (7)(A) of section
1182(a) of this title shall not apply.
(B) Waiver of other grounds
(i) In general
Except as provided in clause (ii), the Attorney General may
waive any other provision of section 1182(a) of this title in
the case of individual aliens for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest.
(ii) Grounds that may not be waived
The following provisions of section 1182(a) of this title
may not be waived by the Attorney General under clause (i):
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
(II) Paragraph (4) (relating to aliens likely to become
public charges).
(III) Paragraph (2)(C) (relating to drug offenses),
except for so much of such paragraph as relates to a single
offense of simple possession of 30 grams or less of
marihuana.
(IV) Paragraph (3) (relating to security and related
grounds), other than subparagraph (E) thereof.
(C) Special rule for determination of public charge
An alien is not ineligible for adjustment of status under
this section due to being inadmissible under section 1182(a)(4)
of this title if the alien demonstrates a history of employment
in the United States evidencing self-support without reliance
on public cash assistance.
(d) Temporary stay of exclusion or deportation and work
authorization for certain applicants
(1) Before application period
The Attorney General shall provide that in the case of an alien
who is apprehended before the beginning of the application period
described in subsection (a)(1) of this section and who can
establish a nonfrivolous case of eligibility to have his status
adjusted under subsection (a) of this section (but for the fact
that he may not apply for such adjustment until the beginning of
such period), until the alien has had the opportunity during the
first 30 days of the application period to complete the filing of
an application for adjustment, the alien -
(A) may not be excluded or deported, and
(B) shall be granted authorization to engage in employment in
the United States and be provided an ''employment authorized''
endorsement or other appropriate work permit.
(2) During application period
The Attorney General shall provide that in the case of an alien
who presents a nonfrivolous application for adjustment of status
under subsection (a) of this section during the application
period, and until a final determination on the application has
been made in accordance with this section, the alien -
(A) may not be excluded or deported, and
(B) shall be granted authorization to engage in employment in
the United States and be provided an ''employment authorized''
endorsement or other appropriate work permit.
(3) Use of application fees to offset program costs
No application fees collected by the Service pursuant to this
subsection may be used by the Service to offset the costs of the
special agricultural worker legalization program until the
Service implements the program consistent with the statutory
mandate as follows:
(A) During the application period described in subsection
(a)(1)(A) of this section the Service may grant temporary
admission to the United States, work authorization, and provide
an ''employment authorized'' endorsement or other appropriate
work permit to any alien who presents a preliminary application
for adjustment of status under subsection (a) of this section
at a designated port of entry on the southern land border. An
alien who does not enter through a port of entry is subject to
deportation and removal as otherwise provided in this chapter.
(B) During the application period described in subsection
(a)(1)(A) of this section any alien who has filed an
application for adjustment of status within the United States
as provided in subsection (b)(1)(A) of this section pursuant to
the provision of 8 CFR section 210.1(j) is subject to paragraph
(2) of this subsection.
(C) A preliminary application is defined as a fully completed
and signed application with fee and photographs which contains
specific information concerning the performance of qualifying
employment in the United States and the documentary evidence
which the applicant intends to submit as proof of such
employment. The applicant must be otherwise admissible to the
United States and must establish to the satisfaction of the
examining officer during an interview that his or her claim to
eligibility for special agriculture worker status is credible.
(e) Administrative and judicial review
(1) Administrative and judicial review
There shall be no administrative or judicial review of a
determination respecting an application for adjustment of status
under this section except in accordance with this subsection.
(2) Administrative review
(A) Single level of administrative appellate review
The Attorney General shall establish an appellate authority
to provide for a single level of administrative appellate
review of such a determination.
(B) Standard for review
Such administrative appellate review shall be based solely
upon the administrative record established at the time of the
determination on the application and upon such additional or
newly discovered evidence as may not have been available at the
time of the determination.
(3) Judicial review
(A) Limitation to review of exclusion or deportation
There shall be judicial review of such a denial only in the
judicial review of an order of exclusion or deportation under
section 1105a of this title (as in effect before October 1,
1996).
(B) Standard for judicial review
Such judicial review shall be based solely upon the
administrative record established at the time of the review by
the appellate authority and the findings of fact and
determinations contained in such record shall be conclusive
unless the applicant can establish abuse of discretion or that
the findings are directly contrary to clear and convincing
facts contained in the record considered as a whole.
(f) Temporary disqualification of newly legalized aliens from
receiving aid to families with dependent children
During the five-year period beginning on the date an alien was
granted lawful temporary resident status under subsection (a) of
this section, and notwithstanding any other provision of law, the
alien is not eligible for assistance under a State program funded
under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.). Notwithstanding the previous sentence, in the case of an
alien who would be eligible for assistance under a State program
funded under part A of title IV of the Social Security Act but for
the previous sentence, the provisions of paragraph (3) of section
1255a(h) of this title shall apply in the same manner as they apply
with respect to paragraph (1) of such section and, for this
purpose, any reference in section 1255a(h)(3) of this title to
paragraph (1) is deemed a reference to the previous sentence.
(g) Treatment of special agricultural workers
For all purposes (subject to subsections (a)(5) and (f) of this
section) an alien whose status is adjusted under this section to
that of an alien lawfully admitted for permanent residence, such
status not having changed, shall be considered to be an alien
lawfully admitted for permanent residence (within the meaning of
section 1101(a)(20) of this title).
(h) ''Seasonal agricultural services'' defined
In this section, the term ''seasonal agricultural services''
means the performance of field work related to planting, cultural
practices, cultivating, growing and harvesting of fruits and
vegetables of every kind and other perishable commodities, as
defined in regulations by the Secretary of Agriculture.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 1, Sec. 210, as added Pub.
L. 99-603, title III, Sec. 302(a)(1), Nov. 6, 1986, 100 Stat. 3417;
amended Pub. L. 100-202, Sec. 101(a) (title II, Sec. 211), Dec. 22,
1987, 101 Stat. 1329, 1329-18; Pub. L. 100-525, Sec. 2(m), Oct. 24,
1988, 102 Stat. 2613; Pub. L. 101-238, Sec. 4, Dec. 18, 1989, 103
Stat. 2103; Pub. L. 101-649, title VI, Sec. 603(a)(5), Nov. 29,
1990, 104 Stat. 5082; Pub. L. 102-232, title III, Sec. 307(j),
309(b)(6), Dec. 12, 1991, 105 Stat. 1756, 1758; Pub. L. 103-416,
title II, Sec. 219(d), (z)(7), Oct. 25, 1994, 108 Stat. 4316, 4318;
Pub. L. 104-132, title IV, Sec. 431(b), Apr. 24, 1996, 110 Stat.
1273; Pub. L. 104-193, title I, Sec. 110(s)(1), Aug. 22, 1996, 110
Stat. 2175; Pub. L. 104-208, div. C, title III, Sec. 308(g)(2)(B),
384(d)(1), title VI, Sec. 623(b), Sept. 30, 1996, 110 Stat.
3009-622, 3009-653, 3009-697.)
-REFTEXT-
REFERENCES IN TEXT
Public Law 89-732, referred to in subsec. (b)(2)(B), is Pub. L.
89-732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out
as a note under section 1255 of this title.
Public Law 95-145, referred to in subsec. (b)(2)(B), is Pub. L.
95-145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub.
L. 95-145 is set out as a note under section 1255 of this title.
Title II of Pub. L. 95-145 amended Pub. L. 94-23, which was set out
as a note under section 2601 of Title 22, Foreign Relations and
Intercourse, and was repealed by Pub. L. 96-212, title III, Sec.
312(c), Mar. 17, 1980, 94 Stat. 117.
Section 1105a of this title, referred to in subsec. (e)(3)(A),
was repealed by Pub. L. 104-208, div. C, title III, Sec. 306(b),
Sept. 30, 1996, 110 Stat. 3009-612.
The Social Security Act, referred to in subsec. (f), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
the Social Security Act is classified generally to part A (Sec. 601
et seq.) of subchapter IV of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
-MISC2-
AMENDMENTS
1996 - Subsec. (b)(5). Pub. L. 104-132, Sec. 431(b)(1), inserted
before period at end '', except as allowed by a court order issued
pursuant to paragraph (6) of this subsection''.
Subsec. (b)(6). Pub. L. 104-208, Sec. 623(b), amended par. (6)
generally, substituting subpars. (A) to (D) for former subpars. (A)
to (C) and introductory and concluding provisions, relating to
confidentiality of information.
Pub. L. 104-208, Sec. 384(d)(1), substituted ''Anyone who uses,
publishes, or permits information to be examined in violation of
this paragraph shall be subject to appropriate disciplinary action
and subject to a civil money penalty of not more than $5,000 for
each violation.'' for ''Anyone who uses, publishes, or permits
information to be examined in violation of this paragraph shall be
fined in accordance with title 18 or imprisoned not more than five
years, or both.'' in concluding provisions.
Pub. L. 104-132, Sec. 431(b)(2), inserted before ''Anyone who
uses'' in concluding provisions ''Notwithstanding the preceding
sentence, the Attorney General may authorize an application to a
Federal court of competent jurisdiction for, and a judge of such
court may grant an order authorizing, disclosure of information
contained in the application of the alien to be used for
identification of the alien when there is reason to believe that
the alien has been killed or severely incapacitated, or for
criminal law enforcement purposes against the alien whose
application is to be disclosed or to discover information leading
to the location or identity of the alien.''
Subsec. (e)(3)(A). Pub. L. 104-208, Sec. 308(g)(2)(B), inserted
''(as in effect before October 1, 1996)'' after ''section 1105a of
this title''.
Subsec. (f). Pub. L. 104-193 substituted ''assistance under a
State program funded under'' for ''aid under a State plan approved
under'' in two places.
1994 - Subsec. (d)(3). Pub. L. 103-416, Sec. 219(d), inserted
''the'' before first reference to ''Service'' in introductory
provisions.
Subsec. (d)(3)(B). Pub. L. 103-416, Sec. 219(z)(7), made
technical correction to Pub. L. 102-232, Sec. 309(b)(6)(F). See
1991 Amendment note below.
1991 - Subsec. (b)(7)(B). Pub. L. 102-232, Sec. 307(j),
substituted ''section 1182(a)(6)(C)(i)'' for ''section
1182(a)(19)''.
Subsec. (d)(3). Pub. L. 102-232, Sec. 309(b)(6)(A)-(C), realigned
margins of par. (3) and its subparagraphs, and in introductory
provisions substituted ''Service'' for ''the Immigration and
Naturalization Service (INS)'' and ''Service'' for ''INS'' in two
places.
Subsec. (d)(3)(A). Pub. L. 102-232, Sec. 309(b)(6)(D), (E),
substituted ''period described in'' for ''period as defined in''
and ''Service'' for ''INS'', and made technical amendment to
reference to this chapter involving corresponding provision of
original act.
Subsec. (d)(3)(B). Pub. L. 102-232, Sec. 309(b)(6)(F), as amended
by Pub. L. 103-416, Sec. 219(z)(7), substituted ''described in
subsection (a)(1)(A)'' for ''as defined in subsection
(a)(B)(1)(B)''.
Pub. L. 102-232, Sec. 309(b)(6)(G), made technical amendment to
reference to subsection (b)(1)(A) of this section involving
corresponding provision of original act.
1990 - Subsec. (a)(3)(B)(i). Pub. L. 101-649, Sec. 603(a)(5)(A),
substituted ''1182(a)(6)(C)(i)'' for ''1182(a)(19)''.
Subsec. (c)(2)(A). Pub. L. 101-649, Sec. 603(a)(5)(B),
substituted ''(5) and (7)(A)'' for ''(14), (20), (21), (25), and
(32)''.
Subsec. (c)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(5)(C),
substituted ''Paragraphs (2)(A) and (2)(B)'' for ''Paragraph (9)
and (10)''.
Subsec. (c)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(5)(D),
substituted ''(4)'' for ''(15)''.
Subsec. (c)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(5)(E),
substituted ''(2)(C)'' for ''(23)''.
Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(5)(F),
substituted ''Paragraph (3) (relating to security and related
grounds), other than subparagraph (E) thereof'' for ''Paragraphs
(27), (28), and (29) (relating to national security and members of
certain organizations)''.
Subsec. (c)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(5)(G),
struck out subcl. (V) which referred to par. (33).
Subsec. (c)(2)(C). Pub. L. 101-649, Sec. 603(a)(5)(H),
substituted ''1182(a)(4)'' for ''1182(a)(15)''.
1989 - Subsec. (a)(3). Pub. L. 101-238, Sec. 4(a), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(6)(A). Pub. L. 101-238, Sec. 4(b), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
''use the information furnished pursuant to an application filed
under this section for any purpose other than to make a
determination on the application or for enforcement of paragraph
(7),''.
1988 - Subsec. (g). Pub. L. 100-525 substituted ''subsections
(a)(5) and (f)'' for ''subsections (b)(3) and (f)''.
1987 - Subsec. (d)(3). Pub. L. 100-202 added par. (3).
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 308(g)(2)(B) of Pub. L. 104-208 effective,
with certain transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of this title.
Section 384(d)(2) of div. C of Pub. L. 104-208 provided that:
''The amendments made by this subsection (amending this section and
section 1255a of this title) shall apply to offenses occurring on
or after the date of the enactment of this Act (Sept. 30, 1996).''
Amendment by Pub. L. 104-193 effective July 1, 1997, with
transition rules relating to State options to accelerate such date,
rules relating to claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for terminated
or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of
Pub. L. 104-193, as amended, set out as an Effective Date note
under section 601 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 219(z) of Pub. L. 103-416 provided that the amendment
made by subsec. (z)(7) of that section is effective as if included
in the Miscellaneous and Technical Immigration and Naturalization
Amendments of 1991, Pub. L. 102-232.
Amendment by section 219(d) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(j) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section
603(a)(5) of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 applicable to applications for
adjustment of status made on or after June 1, 1991, see section
601(e)(2) of Pub. L. 101-649, set out as a note under section 1101
of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-525 effective as if included in
enactment of Immigration Reform and Control Act of 1986, Pub. L.
99-603, see section 2(s) of Pub. L. 100-525, set out as a note
under section 1101 of this title.
COMMISSION ON AGRICULTURAL WORKERS
Section 304 of Pub. L. 99-603, as amended by Pub. L. 101-649,
title VII, Sec. 704, Nov. 29, 1990, 104 Stat. 5086; Pub. L.
102-232, title III, Sec. 308(c), Dec. 12, 1991, 105 Stat. 1757,
established Commission on Agricultural Workers to evaluate special
agricultural worker provisions and labor markets in agricultural
industry, required Commission to report to Congress not later than
six years after Nov. 6, 1986, on its reviews, and provided that
Commission terminate at the end of the 75-month period beginning
with the month after November 1986.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1151, 1255, 1324b of this
title; title 42 sections 408, 672.
-CITE-
8 USC Sec. 1161 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
-HEAD-
Sec. 1161. Repealed. Pub. L. 103-416, title II, Sec. 219(ee)(1),
Oct. 25, 1994, 108 Stat. 4319
-MISC1-
Section, act June 27, 1952, ch. 477, title II, ch. 1, Sec. 210A,
as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 303(a), 100
Stat. 3422; amended Oct. 24, 1988, Pub. L. 100-525, Sec. 2(n)(1),
102 Stat. 2613; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec.
603(a)(6), (b)(1), 104 Stat. 5083, 5085; Dec. 12, 1991, Pub. L.
102-232, title III, Sec. 307(l)(2), 105 Stat. 1756, related to
determination of agricultural labor shortages and admission of
additional special agricultural workers.
EFFECTIVE DATE OF REPEAL
Section 219(ee)(3) of Pub. L. 103-416, as added by Pub. L.
104-208, div. C, title VI, Sec. 671(b)(10), Sept. 30, 1996, 110
Stat. 3009-722, provided that: ''The amendments made by this
subsection (repealing this section) shall take effect on the date
of the enactment of this Act (Oct. 25, 1994).''
-CITE-
8 USC Part II - Admission Qualifications for Aliens;
Travel Control of Citizens and Aliens 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
.
-HEAD-
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-CITE-
8 USC Sec. 1181 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1181. Admission of immigrants into the United States
-STATUTE-
(a) Documents required; admission under quotas before June 30, 1968
Except as provided in subsection (b) and subsection (c) of this
section no immigrant shall be admitted into the United States
unless at the time of application for admission he (1) has a valid
unexpired immigrant visa or was born subsequent to the issuance of
such visa of the accompanying parent, and (2) presents a valid
unexpired passport or other suitable travel document or document of
identity and nationality, if such document is required under the
regulations issued by the Attorney General. With respect to
immigrants to be admitted under quotas of quota areas prior to June
30, 1968, no immigrant visa shall be deemed valid unless the
immigrant is properly chargeable to the quota area under the quota
of which the visa is issued.
(b) Readmission without required documents; Attorney General's
discretion
Notwithstanding the provisions of section 1182(a)(7)(A) of this
title in such cases or in such classes of cases and under such
conditions as may be by regulations prescribed, returning resident
immigrants, defined in section 1101(a)(27)(A) of this title, who
are otherwise admissible may be readmitted to the United States by
the Attorney General in his discretion without being required to
obtain a passport, immigrant visa, reentry permit or other
documentation.
(c) Nonapplicability to aliens admitted as refugees
The provisions of subsection (a) of this section shall not apply
to an alien whom the Attorney General admits to the United States
under section 1157 of this title.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 211, 66 Stat. 181;
Pub. L. 89-236, Sec. 9, Oct. 3, 1965, 79 Stat. 917; Pub. L. 94-571,
Sec. 7(c), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212, title II,
Sec. 202, Mar. 17, 1980, 94 Stat. 106; Pub. L. 101-649, title VI,
Sec. 603(a)(7), Nov. 29, 1990, 104 Stat. 5083.)
-MISC1-
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-649 substituted ''1182(a)(7)(A)''
for ''1182(a)(20)''.
1980 - Subsec. (a). Pub. L. 96-212, Sec. 202(1), inserted
reference to subsection (c) of this section.
Subsec. (c). Pub. L. 96-212, Sec. 202(2), added subsec. (c).
1976 - Subsec. (b). Pub. L. 94-571 substituted reference to
section 1101 ''(a)(27)(A)'' of this title for ''(a)(27)(B)''.
1965 - Subsec. (a). Pub. L. 89-236 restated requirement of an
unexpired visa and passport for every immigrant arriving in United
States to conform to the changes with respect to the classification
of immigrant visas.
Subsec. (b). Pub. L. 89-236 substituted ''returning resident
immigrants, defined in section 1101(a)(27)(B) of this title, who
are otherwise admissible'', for ''otherwise admissible aliens
lawfully admitted for permanent residence who depart from the
United States temporarily''.
Subsec. (c). Pub. L. 89-236 repealed subsec. (c) which gave
Attorney General discretionary authority to admit aliens who arrive
in United States with defective visas under specified conditions.
Subsec. (d). Pub. L. 89-236 repealed subsec. (d) which imposed
restrictions on exercise of Attorney General's discretion to admit
aliens arriving with defective visas.
Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which required
every alien making application for admission as an immigrant to
present the documents required under regulations issued by Attorney
General.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 applicable to individuals entering
United States on or after June 1, 1991, see section 601(e)(1) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-212 effective Mar. 17, 1980, and
applicable to fiscal years beginning with the fiscal year beginning
Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
-CROSS-
CROSS REFERENCES
Definition of alien, application for admission, Attorney General,
immigrant, immigrant visa, lawfully admitted for permanent
residence, national, parent, passport, and United States, see
section 1101 of this title.
Reentry permit, see section 1203 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1151, 1182, 1230 of this
title.
-CITE-
8 USC Sec. 1182 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1182. Inadmissible aliens
-STATUTE-
(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to
receive visas and ineligible to be admitted to the United States:
(1) Health-related grounds
(A) In general
Any alien -
(i) who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human Services) to
have a communicable disease of public health significance,
which shall include infection with the etiologic agent for
acquired immune deficiency syndrome,
(ii) except as provided in subparagraph (C), who seeks
admission as an immigrant, or who seeks adjustment of status
to the status of an alien lawfully admitted for permanent
residence, and who has failed to present documentation of
having received vaccination against vaccine-preventable
diseases, which shall include at least the following
diseases: mumps, measles, rubella, polio, tetanus and
diphtheria toxoids, pertussis, influenza type B and hepatitis
B, and any other vaccinations against vaccine-preventable
diseases recommended by the Advisory Committee for
Immunization Practices,
(iii) who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human Services in
consultation with the Attorney General) -
(I) to have a physical or mental disorder and behavior
associated with the disorder that may pose, or has posed, a
threat to the property, safety, or welfare of the alien or
others, or
(II) to have had a physical or mental disorder and a
history of behavior associated with the disorder, which
behavior has posed a threat to the property, safety, or
welfare of the alien or others and which behavior is likely
to recur or to lead to other harmful behavior, or
(iv) who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human Services) to
be a drug abuser or addict,
is inadmissible.
(B) Waiver authorized
For provision authorizing waiver of certain clauses of
subparagraph (A), see subsection (g) of this section.
(C) Exception from immunization requirement for adopted
children 10 years of age or younger
Clause (ii) of subparagraph (A) shall not apply to a child
who -
(i) is 10 years of age or younger,
(ii) is described in section 1101(b)(1)(F) of this title,
and
(iii) is seeking an immigrant visa as an immediate relative
under section 1151(b) of this title,
if, prior to the admission of the child, an adoptive parent or
prospective adoptive parent of the child, who has sponsored the
child for admission as an immediate relative, has executed an
affidavit stating that the parent is aware of the provisions of
subparagraph (A)(ii) and will ensure that, within 30 days of
the child's admission, or at the earliest time that is
medically appropriate, the child will receive the vaccinations
identified in such subparagraph.
(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of,
or who admits having committed, or who admits committing acts
which constitute the essential elements of -
(I) a crime involving moral turpitude (other than a
purely political offense) or an attempt or conspiracy to
commit such a crime, or
(II) a violation of (or a conspiracy or attempt to
violate) any law or regulation of a State, the United
States, or a foreign country relating to a controlled
substance (as defined in section 802 of title 21),
is inadmissible.
(ii) Exception
Clause (i)(I) shall not apply to an alien who committed
only one crime if -
(I) the crime was committed when the alien was under 18
years of age, and the crime was committed (and the alien
released from any confinement to a prison or correctional
institution imposed for the crime) more than 5 years before
the date of application for a visa or other documentation
and the date of application for admission to the United
States, or
(II) the maximum penalty possible for the crime of which
the alien was convicted (or which the alien admits having
committed or of which the acts that the alien admits having
committed constituted the essential elements) did not
exceed imprisonment for one year and, if the alien was
convicted of such crime, the alien was not sentenced to a
term of imprisonment in excess of 6 months (regardless of
the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely
political offenses), regardless of whether the conviction was
in a single trial or whether the offenses arose from a single
scheme of misconduct and regardless of whether the offenses
involved moral turpitude, for which the aggregate sentences to
confinement were 5 years or more is inadmissible.
(C) Controlled substance traffickers
Any alien who the consular or immigration officer knows or
has reason to believe is or has been an illicit trafficker in
any such controlled substance or is or has been a knowing
assister, abettor, conspirator, or colluder with others in the
illicit trafficking in any such controlled substance, is
inadmissible.
(D) Prostitution and commercialized vice
Any alien who -
(i) is coming to the United States solely, principally, or
incidentally to engage in prostitution, or has engaged in
prostitution within 10 years of the date of application for a
visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to
procure, or (within 10 years of the date of application for a
visa, admission, or adjustment of status) procured or
attempted to procure or to import, prostitutes or persons for
the purpose of prostitution, or receives or (within such
10-year period) received, in whole or in part, the proceeds
of prostitution, or
(iii) is coming to the United States to engage in any other
unlawful commercialized vice, whether or not related to
prostitution,
is inadmissible.
(E) Certain aliens involved in serious criminal activity who
have asserted immunity from prosecution
Any alien -
(i) who has committed in the United States at any time a
serious criminal offense (as defined in section 1101(h) of
this title),
(ii) for whom immunity from criminal jurisdiction was
exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of
immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the
jurisdiction of the court in the United States having
jurisdiction with respect to that offense,
is inadmissible.
(F) Waiver authorized
For provision authorizing waiver of certain subparagraphs of
this paragraph, see subsection (h) of this section.
(G) Foreign government officials who have engaged in
particularly severe violations of religious freedom
Any alien who, while serving as a foreign government
official, was responsible for or directly carried out, at any
time during the preceding 24-month period, particularly severe
violations of religious freedom, as defined in section 6402 of
title 22, and the spouse and children, if any, are
inadmissible.
(3) Security and related grounds
(A) In general
Any alien who a consular officer or the Attorney General
knows, or has reasonable ground to believe, seeks to enter the
United States to engage solely, principally, or incidentally in
-
(i) any activity (I) to violate any law of the United
States relating to espionage or sabotage or (II) to violate
or evade any law prohibiting the export from the United
States of goods, technology, or sensitive information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is the opposition to,
or the control or overthrow of, the Government of the United
States by force, violence, or other unlawful means,
is inadmissible.
(B) Terrorist activities
(i) In general
Any alien who -
(I) has engaged in a terrorist activity,
(II) a consular officer or the Attorney General knows, or
has reasonable ground to believe, is engaged in or is
likely to engage after entry in any terrorist activity (as
defined in clause (iii)),
(III) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorist
activity,
(IV) is a representative (as defined in clause (iv)) of a
foreign terrorist organization, as designated by the
Secretary under section 1189 of this title, or
(V) is a member of a foreign terrorist organization, as
designated by the Secretary under section 1189 of this
title, which the alien knows or should have known is a
terrorist organization (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
comma.
is inadmissible. An alien who is an officer, official,
representative, or spokesman of the Palestine Liberation
Organization is considered, for purposes of this chapter, to
be engaged in a terrorist activity.
(ii) ''Terrorist activity'' defined
As used in this chapter, the term ''terrorist activity''
means any activity which is unlawful under the laws of the
place where it is committed (or which, if committed in the
United States, would be unlawful under the laws of the United
States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance
(including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to kill,
injure, or continue to detain, another individual in order
to compel a third person (including a governmental
organization) to do or abstain from doing any act as an
explicit or implicit condition for the release of the
individual seized or detained.
(III) A violent attack upon an internationally protected
person (as defined in section 1116(b)(4) of title 18) or
upon the liberty of such a person.
(IV) An assassination.
(V) The use of any -
(a) biological agent, chemical agent, or nuclear weapon
or device, or
(b) explosive or firearm (other than for mere personal
monetary gain),
with intent to endanger, directly or indirectly, the safety of
one or more individuals or to cause substantial damage to
property.
(VI) A threat, attempt, or conspiracy to do any of the
foregoing.
(iii) ''Engage in terrorist activity'' defined
As used in this chapter, the term ''engage in terrorist
activity'' means to commit, in an individual capacity or as a
member of an organization, an act of terrorist activity or an
act which the actor knows, or reasonably should know, affords
material support to any individual, organization, or
government in conducting a terrorist activity at any time,
including any of the following acts:
(I) The preparation or planning of a terrorist activity.
(II) The gathering of information on potential targets
for terrorist activity.
(III) The providing of any type of material support,
including a safe house, transportation, communications,
funds, false documentation or identification, weapons,
explosives, or training, to any individual the actor knows
or has reason to believe has committed or plans to commit a
terrorist activity.
(IV) The soliciting of funds or other things of value for
terrorist activity or for any terrorist organization.
(V) The solicitation of any individual for membership in
a terrorist organization, terrorist government, or to
engage in a terrorist activity.
(iv) ''Representative'' defined
As used in this paragraph, the term ''representative''
includes an officer, official, or spokesman of an
organization, and any person who directs, counsels, commands,
or induces an organization or its members to engage in
terrorist activity.
(C) Foreign policy
(i) In general
An alien whose entry or proposed activities in the United
States the Secretary of State has reasonable ground to
believe would have potentially serious adverse foreign policy
consequences for the United States is inadmissible.
(ii) Exception for officials
An alien who is an official of a foreign government or a
purported government, or who is a candidate for election to a
foreign government office during the period immediately
preceding the election for that office, shall not be
excludable or subject to restrictions or conditions on entry
into the United States under clause (i) solely because of the
alien's past, current, or expected beliefs, statements, or
associations, if such beliefs, statements, or associations
would be lawful within the United States.
(iii) Exception for other aliens
An alien, not described in clause (ii), shall not be
excludable or subject to restrictions or conditions on entry
into the United States under clause (i) because of the
alien's past, current, or expected beliefs, statements, or
associations, if such beliefs, statements, or associations
would be lawful within the United States, unless the
Secretary of State personally determines that the alien's
admission would compromise a compelling United States foreign
policy interest.
(iv) Notification of determinations
If a determination is made under clause (iii) with respect
to an alien, the Secretary of State must notify on a timely
basis the chairmen of the Committees on the Judiciary and
Foreign Affairs of the House of Representatives and of the
Committees on the Judiciary and Foreign Relations of the
Senate of the identity of the alien and the reasons for the
determination.
(D) Immigrant membership in totalitarian party
(i) In general
Any immigrant who is or has been a member of or affiliated
with the Communist or any other totalitarian party (or
subdivision or affiliate thereof), domestic or foreign, is
inadmissible.
(ii) Exception for involuntary membership
Clause (i) shall not apply to an alien because of
membership or affiliation if the alien establishes to the
satisfaction of the consular officer when applying for a visa
(or to the satisfaction of the Attorney General when applying
for admission) that the membership or affiliation is or was
involuntary, or is or was solely when under 16 years of age,
by operation of law, or for purposes of obtaining employment,
food rations, or other essentials of living and whether
necessary for such purposes.
(iii) Exception for past membership
Clause (i) shall not apply to an alien because of
membership or affiliation if the alien establishes to the
satisfaction of the consular officer when applying for a visa
(or to the satisfaction of the Attorney General when applying
for admission) that -
(I) the membership or affiliation terminated at least -
(a) 2 years before the date of such application, or
(b) 5 years before the date of such application, in the
case of an alien whose membership or affiliation was with
the party controlling the government of a foreign state
that is a totalitarian dictatorship as of such date, and
(II) the alien is not a threat to the security of the
United States.
(iv) Exception for close family members
The Attorney General may, in the Attorney General's
discretion, waive the application of clause (i) in the case
of an immigrant who is the parent, spouse, son, daughter,
brother, or sister of a citizen of the United States or a
spouse, son, or daughter of an alien lawfully admitted for
permanent residence for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest
if the immigrant is not a threat to the security of the
United States.
(E) Participants in Nazi persecutions or genocide
(i) Participation in Nazi persecutions
Any alien who, during the period beginning on March 23,
1933, and ending on May 8, 1945, under the direction of, or
in association with -
(I) the Nazi government of Germany,
(II) any government in any area occupied by the military
forces of the Nazi government of Germany,
(III) any government established with the assistance or
cooperation of the Nazi government of Germany, or
(IV) any government which was an ally of the Nazi
government of Germany,
ordered, incited, assisted, or otherwise participated in the
persecution of any person because of race, religion, national
origin, or political opinion is inadmissible.
(ii) Participation in genocide
Any alien who has engaged in conduct that is defined as
genocide for purposes of the International Convention on the
Prevention and Punishment of Genocide is inadmissible.
(4) Public charge
(A) In general
Any alien who, in the opinion of the consular officer at the
time of application for a visa, or in the opinion of the
Attorney General at the time of application for admission or
adjustment of status, is likely at any time to become a public
charge is inadmissible.
(B) Factors to be taken into account
(i) In determining whether an alien is inadmissible under
this paragraph, the consular officer or the Attorney General
shall at a minimum consider the alien's -
(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) education and skills.
(ii) In addition to the factors under clause (i), the
consular officer or the Attorney General may also consider any
affidavit of support under section 1183a of this title for
purposes of exclusion under this paragraph.
(C) Family-sponsored immigrants
Any alien who seeks admission or adjustment of status under a
visa number issued under section 1151(b)(2) or 1153(a) of this
title is inadmissible under this paragraph unless -
(i) the alien has obtained -
(I) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
1154(a)(1)(A) of this title, or
(II) classification pursuant to clause (ii) or (iii) of
section 1154(a)(1)(B) of this title; or
(ii) the person petitioning for the alien's admission
(including any additional sponsor required under section
1183a(f) of this title) has executed an affidavit of support
described in section 1183a of this title with respect to such
alien.
(D) Certain employment-based immigrants
Any alien who seeks admission or adjustment of status under a
visa number issued under section 1153(b) of this title by
virtue of a classification petition filed by a relative of the
alien (or by an entity in which such relative has a significant
ownership interest) is inadmissible under this paragraph unless
such relative has executed an affidavit of support described in
section 1183a of this title with respect to such alien.
(5) Labor certification and qualifications for certain immigrants
(A) Labor certification
(i) In general
Any alien who seeks to enter the United States for the
purpose of performing skilled or unskilled labor is
inadmissible, unless the Secretary of Labor has determined
and certified to the Secretary of State and the Attorney
General that -
(I) there are not sufficient workers who are able,
willing, qualified (or equally qualified in the case of an
alien described in clause (ii)) and available at the time
of application for a visa and admission to the United
States and at the place where the alien is to perform such
skilled or unskilled labor, and
(II) the employment of such alien will not adversely
affect the wages and working conditions of workers in the
United States similarly employed.
(ii) Certain aliens subject to special rule
For purposes of clause (i)(I), an alien described in this
clause is an alien who -
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
(iii) Professional athletes
(I) In general
A certification made under clause (i) with respect to a
professional athlete shall remain valid with respect to the
athlete after the athlete changes employer, if the new
employer is a team in the same sport as the team which
employed the athlete when the athlete first applied for the
certification.
(II) ''Professional athlete'' defined
For purposes of subclause (I), the term ''professional
athlete'' means an individual who is employed as an athlete
by -
(aa) a team that is a member of an association of 6 or
more professional sports teams whose total combined
revenues exceed $10,000,000 per year, if the association
governs the conduct of its members and regulates the
contests and exhibitions in which its member teams
regularly engage; or
(bb) any minor league team that is affiliated with such
an association.
(B) Unqualified physicians
An alien who is a graduate of a medical school not accredited
by a body or bodies approved for the purpose by the Secretary
of Education (regardless of whether such school of medicine is
in the United States) and who is coming to the United States
principally to perform services as a member of the medical
profession is inadmissible, unless the alien (i) has passed
parts I and II of the National Board of Medical Examiners
Examination (or an equivalent examination as determined by the
Secretary of Health and Human Services) and (ii) is competent
in oral and written English. For purposes of the previous
sentence, an alien who is a graduate of a medical school shall
be considered to have passed parts I and II of the National
Board of Medical Examiners if the alien was fully and
permanently licensed to practice medicine in a State on January
9, 1978, and was practicing medicine in a State on that date.
(C) Uncertified foreign health-care workers
Any alien who seeks to enter the United States for the
purpose of performing labor as a health-care worker, other than
a physician, is inadmissible unless the alien presents to the
consular officer, or, in the case of an adjustment of status,
the Attorney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate from an
equivalent independent credentialing organization approved by
the Attorney General in consultation with the Secretary of
Health and Human Services, verifying that -
(i) the alien's education, training, license, and
experience -
(I) meet all applicable statutory and regulatory
requirements for entry into the United States under the
classification specified in the application;
(II) are comparable with that required for an American
health-care worker of the same type; and
(III) are authentic and, in the case of a license,
unencumbered;
(ii) the alien has the level of competence in oral and
written English considered by the Secretary of Health and
Human Services, in consultation with the Secretary of
Education, to be appropriate for health care work of the kind
in which the alien will be engaged, as shown by an
appropriate score on one or more nationally recognized,
commercially available, standardized assessments of the
applicant's ability to speak and write; and
(iii) if a majority of States licensing the profession in
which the alien intends to work recognize a test predicting
the success on the profession's licensing or certification
examination, the alien has passed such a test or has passed
such an examination.
For purposes of clause (ii), determination of the standardized
tests required and of the minimum scores that are appropriate
are within the sole discretion of the Secretary of Health and
Human Services and are not subject to further administrative or
judicial review.
(D) Application of grounds
The grounds for inadmissibility of aliens under subparagraphs
(A) and (B) shall apply to immigrants seeking admission or
adjustment of status under paragraph (2) or (3) of section
1153(b) of this title.
(6) Illegal entrants and immigration violators
(A) Aliens present without admission or parole
(i) In general
An alien present in the United States without being
admitted or paroled, or who arrives in the United States at
any time or place other than as designated by the Attorney
General, is inadmissible.
(ii) Exception for certain battered women and children
Clause (i) shall not apply to an alien who demonstrates
that -
(I) the alien qualifies for immigrant status under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 1154(a)(1) of this title,
(II)(a) the alien has been battered or subjected to
extreme cruelty by a spouse or parent, or by a member of
the spouse's or parent's family residing in the same
household as the alien and the spouse or parent consented
or acquiesced to such battery or cruelty, or (b) the
alien's child has been battered or subjected to extreme
cruelty by a spouse or parent of the alien (without the
active participation of the alien in the battery or
cruelty) or by a member of the spouse's or parent's family
residing in the same household as the alien when the spouse
or parent consented to or acquiesced in such battery or
cruelty and the alien did not actively participate in such
battery or cruelty, and
(III) there was a substantial connection between the
battery or cruelty described in subclause (I) or (II) and
the alien's unlawful entry into the United States.
(B) Failure to attend removal proceeding
Any alien who without reasonable cause fails or refuses to
attend or remain in attendance at a proceeding to determine the
alien's inadmissibility or deportability and who seeks
admission to the United States within 5 years of such alien's
subsequent departure or removal is inadmissible.
(C) Misrepresentation
(i) In general
Any alien who, by fraud or willfully misrepresenting a
material fact, seeks to procure (or has sought to procure or
has procured) a visa, other documentation, or admission into
the United States or other benefit provided under this
chapter is inadmissible.
(ii) Falsely claiming citizenship
Any alien who falsely represents, or has falsely
represented, himself or herself to be a citizen of the United
States for any purpose or benefit under this chapter
(including section 1324a of this title) or any other Federal
or State law is inadmissible.
(iii) Waiver authorized
For provision authorizing waiver of clause (i), see
subsection (i) of this section.
(D) Stowaways
Any alien who is a stowaway is inadmissible.
(E) Smugglers
(i) In general
Any alien who at any time knowingly has encouraged,
induced, assisted, abetted, or aided any other alien to enter
or to try to enter the United States in violation of law is
inadmissible.
(ii) Special rule in the case of family reunification
Clause (i) shall not apply in the case of alien who is an
eligible immigrant (as defined in section 301(b)(1) of the
Immigration Act of 1990), was physically present in the
United States on May 5, 1988, and is seeking admission as an
immediate relative or under section 1153(a)(2) of this title
(including under section 112 of the Immigration Act of 1990)
or benefits under section 301(a) of the Immigration Act of
1990 if the alien, before May 5, 1988, has encouraged,
induced, assisted, abetted, or aided only the alien's spouse,
parent, son, or daughter (and no other individual) to enter
the United States in violation of law.
(iii) Waiver authorized
For provision authorizing waiver of clause (i), see
subsection (d)(11) of this section.
(F) Subject of civil penalty
(i) In general
An alien who is the subject of a final order for violation
of section 1324c of this title is inadmissible.
(ii) Waiver authorized
For provision authorizing waiver of clause (i), see
subsection (d)(12) of this section.
(G) Student visa abusers
An alien who obtains the status of a nonimmigrant under
section 1101(a)(15)(F)(i) of this title and who violates a term
or condition of such status under section 1184(l) of this title
is inadmissible until the alien has been outside the United
States for a continuous period of 5 years after the date of the
violation.
(7) Documentation requirements
(A) Immigrants
(i) In general
Except as otherwise specifically provided in this chapter,
any immigrant at the time of application for admission -
(I) who is not in possession of a valid unexpired
immigrant visa, reentry permit, border crossing
identification card, or other valid entry document required
by this chapter, and a valid unexpired passport, or other
suitable travel document, or document of identity and
nationality if such document is required under the
regulations issued by the Attorney General under section
1181(a) of this title, or
(II) whose visa has been issued without compliance with
the provisions of section 1153 of this title,
is inadmissible.
(ii) Waiver authorized
For provision authorizing waiver of clause (i), see
subsection (k) of this section.
(B) Nonimmigrants
(i) In general
Any nonimmigrant who -
(I) is not in possession of a passport valid for a
minimum of six months from the date of the expiration of
the initial period of the alien's admission or contemplated
initial period of stay authorizing the alien to return to
the country from which the alien came or to proceed to and
enter some other country during such period, or
(II) is not in possession of a valid nonimmigrant visa or
border crossing identification card at the time of
application for admission,
is inadmissible.
(ii) General waiver authorized
For provision authorizing waiver of clause (i), see
subsection (d)(4) of this section.
(iii) Guam visa waiver
For provision authorizing waiver of clause (i) in the case
of visitors to Guam, see subsection (l) of this section.
(iv) Visa waiver pilot program
For authority to waive the requirement of clause (i) under
a pilot program, see section 1187 of this title.
(8) Ineligible for citizenship
(A) In general
Any immigrant who is permanently ineligible to citizenship is
inadmissible.
(B) Draft evaders
Any person who has departed from or who has remained outside
the United States to avoid or evade training or service in the
armed forces in time of war or a period declared by the
President to be a national emergency is inadmissible, except
that this subparagraph shall not apply to an alien who at the
time of such departure was a nonimmigrant and who is seeking to
reenter the United States as a nonimmigrant.
(9) Aliens previously removed
(A) Certain aliens previously removed
(i) Arriving aliens
Any alien who has been ordered removed under section
1225(b)(1) of this title or at the end of proceedings under
section 1229a of this title initiated upon the alien's
arrival in the United States and who again seeks admission
within 5 years of the date of such removal (or within 20
years in the case of a second or subsequent removal or at any
time in the case of an alien convicted of an aggravated
felony) is inadmissible.
(ii) Other aliens
Any alien not described in clause (i) who -
(I) has been ordered removed under section 1229a of this
title or any other provision of law, or
(II) departed the United States while an order of removal
was outstanding,
and who seeks admission within 10 years of the date of such
alien's departure or removal (or within 20 years of such date
in the case of a second or subsequent removal or at any time
in the case of an alien convicted of an aggravated felony) is
inadmissible.
(iii) Exception
Clauses (i) and (ii) shall not apply to an alien seeking
admission within a period if, prior to the date of the
alien's reembarkation at a place outside the United States or
attempt to be admitted from foreign contiguous territory, the
Attorney General has consented to the alien's reapplying for
admission.
(B) Aliens unlawfully present
(i) In general
Any alien (other than an alien lawfully admitted for
permanent residence) who -
(I) was unlawfully present in the United States for a
period of more than 180 days but less than 1 year,
voluntarily departed the United States (whether or not
pursuant to section 1254a(e) (FOOTNOTE 2) of this title)
prior to the commencement of proceedings under section
1225(b)(1) of this title or section 1229a of this title,
and again seeks admission within 3 years of the date of
such alien's departure or removal, or
(FOOTNOTE 2) So in original. Probably should be a reference to
section 1229c of this title.
(II) has been unlawfully present in the United States for
one year or more, and who again seeks admission within 10
years of the date of such alien's departure or removal from
the United States,
is inadmissible.
(ii) Construction of unlawful presence
For purposes of this paragraph, an alien is deemed to be
unlawfully present in the United States if the alien is
present in the United States after the expiration of the
period of stay authorized by the Attorney General or is
present in the United States without being admitted or
paroled.
(iii) Exceptions
(I) Minors
No period of time in which an alien is under 18 years of
age shall be taken into account in determining the period
of unlawful presence in the United States under clause (i).
(II) Asylees
No period of time in which an alien has a bona fide
application for asylum pending under section 1158 of this
title shall be taken into account in determining the period
of unlawful presence in the United States under clause (i)
unless the alien during such period was employed without
authorization in the United States.
(III) Family unity
No period of time in which the alien is a beneficiary of
family unity protection pursuant to section 301 of the
Immigration Act of 1990 shall be taken into account in
determining the period of unlawful presence in the United
States under clause (i).
(IV) Battered women and children
Clause (i) shall not apply to an alien who would be
described in paragraph (6)(A)(ii) if ''violation of the
terms of the alien's nonimmigrant visa'' were substituted
for ''unlawful entry into the United States'' in subclause
(III) of that paragraph.
(iv) Tolling for good cause
In the case of an alien who -
(I) has been lawfully admitted or paroled into the United
States,
(II) has filed a nonfrivolous application for a change or
extension of status before the date of expiration of the
period of stay authorized by the Attorney General, and
(III) has not been employed without authorization in the
United States before or during the pendency of such
application,
the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.
(v) Waiver
The Attorney General has sole discretion to waive clause
(i) in the case of an immigrant who is the spouse or son or
daughter of a United States citizen or of an alien lawfully
admitted for permanent residence, if it is established to the
satisfaction of the Attorney General that the refusal of
admission to such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse or parent
of such alien. No court shall have jurisdiction to review a
decision or action by the Attorney General regarding a waiver
under this clause.
(C) Aliens unlawfully present after previous immigration
violations
(i) In general
Any alien who -
(I) has been unlawfully present in the United States for
an aggregate period of more than 1 year, or
(II) has been ordered removed under section 1225(b)(1) of
this title, section 1229a of this title, or any other
provision of law,
and who enters or attempts to reenter the United States
without being admitted is inadmissible.
(ii) Exception
Clause (i) shall not apply to an alien seeking admission
more than 10 years after the date of the alien's last
departure from the United States if, prior to the alien's
reembarkation at a place outside the United States or attempt
to be readmitted from a foreign contiguous territory, the
Attorney General has consented to the alien's reapplying for
admission.
(10) Miscellaneous
(A) Practicing polygamists
Any immigrant who is coming to the United States to practice
polygamy is inadmissible.
(B) Guardian required to accompany helpless alien
Any alien -
(i) who is accompanying another alien who is inadmissible
and who is certified to be helpless from sickness, mental or
physical disability, or infancy pursuant to section 1222(c)
of this title, and
(ii) whose protection or guardianship is determined to be
required by the alien described in clause (i),
is inadmissible.
(C) International child abduction
(i) In general
Except as provided in clause (ii), any alien who, after
entry of an order by a court in the United States granting
custody to a person of a United States citizen child who
detains or retains the child, or withholds custody of the
child, outside the United States from the person granted
custody by that order, is inadmissible until the child is
surrendered to the person granted custody by that order.
(ii) Aliens supporting abductors and relatives of abductors
Any alien who -
(I) is known by the Secretary of State to have
intentionally assisted an alien in the conduct described in
clause (i),
(II) is known by the Secretary of State to be
intentionally providing material support or safe haven to
an alien described in clause (i), or
(III) is a spouse (other than the spouse who is the
parent of the abducted child), child (other than the
abducted child), parent, sibling, or agent of an alien
described in clause (i), if such person has been designated
by the Secretary of State at the Secretary's sole and
unreviewable discretion, is inadmissible until the child
described in clause (i) is surrendered to the person
granted custody by the order described in that clause, and
such person and child are permitted to return to the United
States or such person's place of residence.
(iii) Exceptions
Clauses (i) and (ii) shall not apply -
(I) to a government official of the United States who is
acting within the scope of his or her official duties;
(II) to a government official of any foreign government
if the official has been designated by the Secretary of
State at the Secretary's sole and unreviewable discretion;
or
(III) so long as the child is located in a foreign state
that is a party to the Convention on the Civil Aspects of
International Child Abduction, done at The Hague on October
25, 1980.
(D) Unlawful voters
Any alien who has voted in violation of any Federal, State,
or local constitutional provision, statute, ordinance, or
regulation is inadmissible.
(E) Former citizens who renounced citizenship to avoid taxation
Any alien who is a former citizen of the United States who
officially renounces United States citizenship and who is
determined by the Attorney General to have renounced United
States citizenship for the purpose of avoiding taxation by the
United States is inadmissible.
(b) Notices of denials
(1) Subject to paragraphs (2) and (3), if an alien's application
for a visa, for admission to the United States, or for adjustment
of status is denied by an immigration or consular officer because
the officer determines the alien to be inadmissible under
subsection (a) of this section, the officer shall provide the alien
with a timely written notice that -
(A) states the determination, and
(B) lists the specific provision or provisions of law under
which the alien is inadmissible or adjustment (FOOTNOTE 3) of
status.
(FOOTNOTE 3) So in original. Probably should be preceded by
''ineligible for''.
(2) The Secretary of State may waive the requirements of
paragraph (1) with respect to a particular alien or any class or
classes of inadmissible aliens.
(3) Paragraph (1) does not apply to any alien inadmissible under
paragraph (2) or (3) of subsection (a) of this section.
(c) Repealed. Pub. L. 104-208, div. C, title III, Sec. 304(b),
Sept. 30, 1996, 110 Stat. 3009-597
(d) Temporary admission of nonimmigrants
(1) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(S) of this title. The Attorney General, in the
Attorney General's discretion, may waive the application of
subsection (a) of this section (other than paragraph (3)(E)) in the
case of a nonimmigrant described in section 1101(a)(15)(S) of this
title, if the Attorney General considers it to be in the national
interest to do so. Nothing in this section shall be regarded as
prohibiting the Immigration and Naturalization Service from
instituting removal proceedings against an alien admitted as a
nonimmigrant under section 1101(a)(15)(S) of this title for conduct
committed after the alien's admission into the United States, or
for conduct or a condition that was not disclosed to the Attorney
General prior to the alien's admission as a nonimmigrant under
section 1101(a)(15)(S) of this title.
(2) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
29, 1990, 104 Stat. 5076.
(3) Except as provided in this subsection, an alien (A) who is
applying for a nonimmigrant visa and is known or believed by the
consular officer to be ineligible for such visa under subsection
(a) of this section (other than paragraphs (3)(A)(i)(I),
(3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection),
may, after approval by the Attorney General of a recommendation by
the Secretary of State or by the consular officer that the alien be
admitted temporarily despite his inadmissibility, be granted such a
visa and may be admitted into the United States temporarily as a
nonimmigrant in the discretion of the Attorney General, or (B) who
is inadmissible under subsection (a) of this section (other than
paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and
(3)(E) of such subsection), but who is in possession of appropriate
documents or is granted a waiver thereof and is seeking admission,
may be admitted into the United States temporarily as a
nonimmigrant in the discretion of the Attorney General. The
Attorney General shall prescribe conditions, including exaction of
such bonds as may be necessary, to control and regulate the
admission and return of inadmissible aliens applying for temporary
admission under this paragraph.
(4) Either or both of the requirements of paragraph (7)(B)(i) of
subsection (a) of this section may be waived by the Attorney
General and the Secretary of State acting jointly (A) on the basis
of unforeseen emergency in individual cases, or (B) on the basis of
reciprocity with respect to nationals of foreign contiguous
territory or of adjacent islands and residents thereof having a
common nationality with such nationals, or (C) in the case of
aliens proceeding in immediate and continuous transit through the
United States under contracts authorized in section 1223(c) of this
title.
(5)(A) The Attorney General may, except as provided in
subparagraph (B) or in section 1184(f) of this title, in his
discretion parole into the United States temporarily under such
conditions as he may prescribe only on a case-by-case basis for
urgent humanitarian reasons or significant public benefit any alien
applying for admission to the United States, but such parole of
such alien shall not be regarded as an admission of the alien and
when the purposes of such parole shall, in the opinion of the
Attorney General, have been served the alien shall forthwith return
or be returned to the custody from which he was paroled and
thereafter his case shall continue to be dealt with in the same
manner as that of any other applicant for admission to the United
States.
(B) The Attorney General may not parole into the United States an
alien who is a refugee unless the Attorney General determines that
compelling reasons in the public interest with respect to that
particular alien require that the alien be paroled into the United
States rather than be admitted as a refugee under section 1157 of
this title.
(6) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
29, 1990, 104 Stat. 5076.
(7) The provisions of subsection (a) of this section (other than
paragraph (7)) shall be applicable to any alien who shall leave
Guam, Puerto Rico, or the Virgin Islands of the United States, and
who seeks to enter the continental United States or any other place
under the jurisdiction of the United States. The Attorney General
shall by regulations provide a method and procedure for the
temporary admission to the United States of the aliens described in
this proviso. (FOOTNOTE 4) Any alien described in this paragraph,
who is denied admission to the United States, shall be immediately
removed in the manner provided by section 1231(c) of this title.
(FOOTNOTE 4) So in original.
(8) Upon a basis of reciprocity accredited officials of foreign
governments, their immediate families, attendants, servants, and
personal employees may be admitted in immediate and continuous
transit through the United States without regard to the provisions
of this section except paragraphs (3)(A), (3)(B), (3)(C), and
(7)(B) of subsection (a) of this section.
(9), (10) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A),
Nov. 29, 1990, 104 Stat. 5076.
(11) The Attorney General may, in his discretion for humanitarian
purposes, to assure family unity, or when it is otherwise in the
public interest, waive application of clause (i) of subsection
(a)(6)(E) of this section in the case of any alien lawfully
admitted for permanent residence who temporarily proceeded abroad
voluntarily and not under an order of removal, and who is otherwise
admissible to the United States as a returning resident under
section 1181(b) of this title and in the case of an alien seeking
admission or adjustment of status as an immediate relative or
immigrant under section 1153(a) of this title (other than paragraph
(4) thereof), if the alien has encouraged, induced, assisted,
abetted, or aided only an individual who at the time of such action
was the alien's spouse, parent, son, or daughter (and no other
individual) to enter the United States in violation of law.
(12) The Attorney General may, in the discretion of the Attorney
General for humanitarian purposes or to assure family unity, waive
application of clause (i) of subsection (a)(6)(F) of this section -
(A) in the case of an alien lawfully admitted for permanent
residence who temporarily proceeded abroad voluntarily and not
under an order of deportation or removal and who is otherwise
admissible to the United States as a returning resident under
section 1181(b) of this title, and
(B) in the case of an alien seeking admission or adjustment of
status under section 1151(b)(2)(A) of this title or under section
1153(a) of this title,
if no previous civil money penalty was imposed against the alien
under section 1324c of this title and the offense was committed
solely to assist, aid, or support the alien's spouse or child (and
not another individual). No court shall have jurisdiction to
review a decision of the Attorney General to grant or deny a waiver
under this paragraph.
(e) Educational visitor status; foreign residence requirement;
waiver
No person admitted under section 1101(a)(15)(J) of this title or
acquiring such status after admission (i) whose participation in
the program for which he came to the United States was financed in
whole or in part, directly or indirectly, by an agency of the
Government of the United States or by the government of the country
of his nationality or his last residence, (ii) who at the time of
admission or acquisition of status under section 1101(a)(15)(J) of
this title was a national or resident of a country which the
Director of the United States Information Agency, pursuant to
regulations prescribed by him, had designated as clearly requiring
the services of persons engaged in the field of specialized
knowledge or skill in which the alien was engaged, or (iii) who
came to the United States or acquired such status in order to
receive graduate medical education or training, shall be eligible
to apply for an immigrant visa, or for permanent residence, or for
a nonimmigrant visa under section 1101(a)(15)(H) or section
1101(a)(15)(L) of this title until it is established that such
person has resided and been physically present in the country of
his nationality or his last residence for an aggregate of at least
two years following departure from the United States: Provided,
That upon the favorable recommendation of the Director, pursuant to
the request of an interested United States Government agency (or,
in the case of an alien described in clause (iii), pursuant to the
request of a State Department of Public Health, or its equivalent),
or of the Commissioner of Immigration and Naturalization after he
has determined that departure from the United States would impose
exceptional hardship upon the alien's spouse or child (if such
spouse or child is a citizen of the United States or a lawfully
resident alien), or that the alien cannot return to the country of
his nationality or last residence because he would be subject to
persecution on account of race, religion, or political opinion, the
Attorney General may waive the requirement of such two-year foreign
residence abroad in the case of any alien whose admission to the
United States is found by the Attorney General to be in the public
interest except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent, or in the case of a
waiver requested by an interested United States Government agency
on behalf of an alien described in clause (iii), the waiver shall
be subject to the requirements of section 1184(k) (FOOTNOTE 5) of
this title: And provided further, That, except in the case of an
alien described in clause (iii), the Attorney General may, upon the
favorable recommendation of the Director, waive such two-year
foreign residence requirement in any case in which the foreign
country of the alien's nationality or last residence has furnished
the Director a statement in writing that it has no objection to
such waiver in the case of such alien.
(FOOTNOTE 5) See References in Text note below.
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of
any class of aliens into the United States would be detrimental to
the interests of the United States, he may by proclamation, and for
such period as he shall deem necessary, suspend the entry of all
aliens or any class of aliens as immigrants or nonimmigrants, or
impose on the entry of aliens any restrictions he may deem to be
appropriate. Whenever the Attorney General finds that a commercial
airline has failed to comply with regulations of the Attorney
General relating to requirements of airlines for the detection of
fraudulent documents used by passengers traveling to the United
States (including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline.
(g) Bond and conditions for admission of alien inadmissible on
health-related grounds
The Attorney General may waive the application of -
(1) subsection (a)(1)(A)(i) in the case of any alien who -
(A) is the spouse or the unmarried son or daughter, or the
minor unmarried lawfully adopted child, of a United States
citizen, or of an alien lawfully admitted for permanent
residence, or of an alien who has been issued an immigrant
visa, or
(B) has a son or daughter who is a United States citizen, or
an alien lawfully admitted for permanent residence, or an alien
who has been issued an immigrant visa;
in accordance with such terms, conditions, and controls, if any,
including the giving of bond, as the Attorney General, in the
discretion of the Attorney General after consultation with the
Secretary of Health and Human Services, may by regulation
prescribe;
(2) subsection (a)(1)(A)(ii) of this section in the case of any
alien -
(A) who receives vaccination against the vaccine-preventable
disease or diseases for which the alien has failed to present
documentation of previous vaccination,
(B) for whom a civil surgeon, medical officer, or panel
physician (as those terms are defined by section 34.2 of title
42 of the Code of Federal Regulations) certifies, according to
such regulations as the Secretary of Health and Human Services
may prescribe, that such vaccination would not be medically
appropriate, or
(C) under such circumstances as the Attorney General provides
by regulation, with respect to whom the requirement of such a
vaccination would be contrary to the alien's religious beliefs
or moral convictions; or
(3) subsection (a)(1)(A)(iii) of this section in the case of
any alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the Attorney
General, in the discretion of the Attorney General after
consultation with the Secretary of Health and Human Services, may
by regulation prescribe.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)
The Attorney General may, in his discretion, waive the
application of subparagraphs (A)(i)(I), (B), (D), and (E) of
subsection (a)(2) of this section and subparagraph (A)(i)(II) of
such subsection insofar as it relates to a single offense of simple
possession of 30 grams or less of marijuana if -
(1)(A) in the case of any immigrant it is established to the
satisfaction of the Attorney General that -
(i) the alien is inadmissible only under subparagraph (D)(i)
or (D)(ii) of such subsection or the activities for which the
alien is inadmissible occurred more than 15 years before the
date of the alien's application for a visa, admission, or
adjustment of status,
(ii) the admission to the United States of such alien would
not be contrary to the national welfare, safety, or security of
the United States, and
(iii) the alien has been rehabilitated; or
(B) in the case of an immigrant who is the spouse, parent, son,
or daughter of a citizen of the United States or an alien
lawfully admitted for permanent residence if it is established to
the satisfaction of the Attorney General that the alien's denial
of admission would result in extreme hardship to the United
States citizen or lawfully resident spouse, parent, son, or
daughter of such alien; and
(2) the Attorney General, in his discretion, and pursuant to
such terms, conditions and procedures as he may by regulations
prescribe, has consented to the alien's applying or reapplying
for a visa, for admission to the United States, or adjustment of
status.
No waiver shall be provided under this subsection in the case of an
alien who has been convicted of (or who has admitted committing
acts that constitute) murder or criminal acts involving torture, or
an attempt or conspiracy to commit murder or a criminal act
involving torture. No waiver shall be granted under this
subsection in the case of an alien who has previously been admitted
to the United States as an alien lawfully admitted for permanent
residence if either since the date of such admission the alien has
been convicted of an aggravated felony or the alien has not
lawfully resided continuously in the United States for a period of
not less than 7 years immediately preceding the date of initiation
of proceedings to remove the alien from the United States. No court
shall have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this subsection.
(i) Admission of immigrant inadmissible for fraud or willful
misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney
General, waive the application of clause (i) of subsection
(a)(6)(C) of this section in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen or of an alien
lawfully admitted for permanent residence if it is established to
the satisfaction of the Attorney General that the refusal of
admission to the United States of such immigrant alien would result
in extreme hardship to the citizen or lawfully resident spouse or
parent of such an alien.
(2) No court shall have jurisdiction to review a decision or
action of the Attorney General regarding a waiver under paragraph
(1).
(j) Limitation on immigration of foreign medical graduates
(1) The additional requirements referred to in section
1101(a)(15)(J) of this title for an alien who is coming to the
United States under a program under which he will receive graduate
medical education or training are as follows:
(A) A school of medicine or of one of the other health
professions, which is accredited by a body or bodies approved for
the purpose by the Secretary of Education, has agreed in writing
to provide the graduate medical education or training under the
program for which the alien is coming to the United States or to
assume responsibility for arranging for the provision thereof by
an appropriate public or nonprofit private institution or agency,
except that, in the case of such an agreement by a school of
medicine, any one or more of its affiliated hospitals which are
to participate in the provision of the graduate medical education
or training must join in the agreement.
(B) Before making such agreement, the accredited school has
been satisfied that the alien (i) is a graduate of a school of
medicine which is accredited by a body or bodies approved for the
purpose by the Secretary of Education (regardless of whether such
school of medicine is in the United States); or (ii)(I) has
passed parts I and II of the National Board of Medical Examiners
Examination (or an equivalent examination as determined by the
Secretary of Health and Human Services), (II) has competency in
oral and written English, (III) will be able to adapt to the
educational and cultural environment in which he will be
receiving his education or training, and (IV) has adequate prior
education and training to participate satisfactorily in the
program for which he is coming to the United States. For the
purposes of this subparagraph, an alien who is a graduate of a
medical school shall be considered to have passed parts I and II
of the National Board of Medical Examiners examination if the
alien was fully and permanently licensed to practice medicine in
a State on January 9, 1978, and was practicing medicine in a
State on that date.
(C) The alien has made a commitment to return to the country of
his nationality or last residence upon completion of the
education or training for which he is coming to the United
States, and the government of the country of his nationality or
last residence has provided a written assurance, satisfactory to
the Secretary of Health and Human Services, that there is a need
in that country for persons with the skills the alien will
acquire in such education or training.
(D) The duration of the alien's participation in the program of
graduate medical education or training for which the alien is
coming to the United States is limited to the time typically
required to complete such program, as determined by the Director
of the United States Information Agency at the time of the
alien's admission into the United States, based on criteria which
are established in coordination with the Secretary of Health and
Human Services and which take into consideration the published
requirements of the medical specialty board which administers
such education or training program; except that -
(i) such duration is further limited to seven years unless
the alien has demonstrated to the satisfaction of the Director
that the country to which the alien will return at the end of
such specialty education or training has an exceptional need
for an individual trained in such specialty, and
(ii) the alien may, once and not later than two years after
the date the alien is admitted to the United States as an
exchange visitor or acquires exchange visitor status, change
the alien's designated program of graduate medical education or
training if the Director approves the change and if a
commitment and written assurance with respect to the alien's
new program have been provided in accordance with subparagraph
(C).
(E) The alien furnishes the Attorney General each year with an
affidavit (in such form as the Attorney General shall prescribe)
that attests that the alien (i) is in good standing in the
program of graduate medical education or training in which the
alien is participating, and (ii) will return to the country of
his nationality or last residence upon completion of the
education or training for which he came to the United States.
(2) An alien who is a graduate of a medical school and who is
coming to the United States to perform services as a member of the
medical profession may not be admitted as a nonimmigrant under
section 1101(a)(15)(H)(i)(b) of this title unless -
(A) the alien is coming pursuant to an invitation from a public
or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or
both, at or for such institution or agency, or
(B)(i) the alien has passed the Federation licensing
examination (administered by the Federation of State Medical
Boards of the United States) or an equivalent examination as
determined by the Secretary of Health and Human Services, and
(ii)(I) has competency in oral and written English or (II) is a
graduate of a school of medicine which is accredited by a body or
bodies approved for the purpose by the Secretary of Education
(regardless of whether such school of medicine is in the United
States).
(3) The Director of the United States Information Agency annually
shall transmit to the Congress a report on aliens who have
submitted affidavits described in paragraph (1)(E), and shall
include in such report the name and address of each such alien, the
medical education or training program in which such alien is
participating, and the status of such alien in that program.
(k) Attorney General's discretion to admit otherwise inadmissible
aliens who possess immigrant visas
Any alien, inadmissible from the United States under paragraph
(5)(A) or (7)(A)(i) of subsection (a) of this section, who is in
possession of an immigrant visa may, if otherwise admissible, be
admitted in the discretion of the Attorney General if the Attorney
General is satisfied that inadmissibility was not known to, and
could not have been ascertained by the exercise of reasonable
diligence by, the immigrant before the time of departure of the
vessel or aircraft from the last port outside the United States and
outside foreign contiguous territory or, in the case of an
immigrant coming from foreign contiguous territory, before the time
of the immigrant's application for admission.
(l) Guam; waiver of requirements for nonimmigrant visitors;
conditions of waiver; acceptance of funds from Guam
(1) The requirement of paragraph (7)(B)(i) of subsection (a) of
this section may be waived by the Attorney General, the Secretary
of State, and the Secretary of the Interior, acting jointly, in the
case of an alien applying for admission as a nonimmigrant visitor
for business or pleasure and solely for entry into and stay on Guam
for a period not to exceed fifteen days, if the Attorney General,
the Secretary of State, and the Secretary of the Interior, after
consultation with the Governor of Guam, jointly determine that -
(A) an adequate arrival and departure control system has been
developed on Guam, and
(B) such a waiver does not represent a threat to the welfare,
safety, or security of the United States or its territories and
commonwealths.
(2) An alien may not be provided a waiver under this subsection
unless the alien has waived any right -
(A) to review or appeal under this chapter of an immigration
officer's determination as to the admissibility of the alien at
the port of entry into Guam, or
(B) to contest, other than on the basis of an application for
asylum, any action for removal of the alien.
(3) If adequate appropriated funds to carry out this subsection
are not otherwise available, the Attorney General is authorized to
accept from the Government of Guam such funds as may be tendered to
cover all or any part of the cost of administration and enforcement
of this subsection.
(m) Requirements for admission of nonimmigrant nurses during
five-year period
(1) The qualifications referred to in section
1101(a)(15)(H)(i)(a) of this title, with respect to an alien who is
coming to the United States to perform nursing services for a
facility, are that the alien -
(A) has obtained a full and unrestricted license to practice
professional nursing in the country where the alien obtained
nursing education or has received nursing education in the United
States or Canada;
(B) has passed an appropriate examination (recognized in
regulations promulgated in consultation with the Secretary of
Health and Human Services) or has a full and unrestricted license
under State law to practice professional nursing in the State of
intended employment; and
(C) is fully qualified and eligible under the laws (including
such temporary or interim licensing requirements which authorize
the nurse to be employed) governing the place of intended
employment to engage in the practice of professional nursing as a
registered nurse immediately upon admission to the United States
and is authorized under such laws to be employed by the facility.
(2)(A) The attestation referred to in section
1101(a)(15)(H)(i)(a) of this title is an attestation as to the
following:
(i) There would be a substantial disruption through no fault of
the facility in the delivery of health care services of the
facility without the services of such an alien or aliens.
(ii) The employment of the alien will not adversely affect the
wages and working conditions of registered nurses similarly
employed.
(iii) The alien employed by the facility will be paid the wage
rate for registered nurses similarly employed by the facility.
(iv) Either (I) the facility has taken and is taking timely and
significant steps designed to recruit and retain sufficient
registered nurses who are United States citizens or immigrants
who are authorized to perform nursing services, in order to
remove as quickly as reasonably possible the dependence of the
facility on nonimmigrant registered nurses, or (II) the facility
is subject to an approved State plan for the recruitment and
retention of nurses (described in paragraph (3)).
(v) There is not a strike or lockout in the course of a labor
dispute, and the employment of such an alien is not intended or
designed to influence an election for a bargaining representative
for registered nurses of the facility.
(vi) At the time of the filing of the petition for registered
nurses under section 1101(a)(15)(H)(i)(a) of this title, notice
of the filing has been provided by the facility to the bargaining
representative of the registered nurses at the facility or, where
there is no such bargaining representative, notice of the filing
has been provided to registered nurses employed at the facility
through posting in conspicuous locations.
A facility is considered not to meet clause (i) (relating to an
attestation of a substantial disruption in delivery of health care
services) if the facility, within the previous year, laid off
registered nurses. Notwithstanding the previous sentence, a
facility that lays off a registered nurse other than a staff nurse
still meets clause (i) if, in its attestation under this
subparagraph, the facility has attested that it will not replace
the nurse with a nonimmigrant described in section
1101(a)(15)(H)(i)(a) of this title (either through promotion or
otherwise) for a period of 1 year after the date of the lay off.
Nothing in clause (iv) shall be construed as requiring a facility
to have taken significant steps described in such clause before
Dec. 18, 1989. In the case of an alien for whom an employer has
filed an attestation under this subparagraph and who is performing
services at a worksite other than the employer's or other than a
worksite controlled by the employer, the Secretary may waive such
requirements for the attestation for the worksite as may be
appropriate in order to avoid duplicative attestations, in cases of
temporary, emergency circumstances, with respect to information not
within the knowledge of the attestor, or for other good cause.
(B) For purposes of subparagraph (A)(iv)(I), each of the
following shall be considered a significant step reasonably
designed to recruit and retain registered nurses:
(i) Operating a training program for registered nurses at the
facility or financing (or providing participation in) a training
program for registered nurses elsewhere.
(ii) Providing career development programs and other methods of
facilitating health care workers to become registered nurses.
(iii) Paying registered nurses wages at a rate higher than
currently being paid to registered nurses similarly employed in
the geographic area.
(iv) Providing adequate support services to free registered
nurses from administrative and other nonnursing duties.
(v) Providing reasonable opportunities for meaningful salary
advancement by registered nurses.
The steps described in this subparagraph shall not be considered to
be an exclusive list of the significant steps that may be taken to
meet the conditions of subparagraph (A)(iv)(I). Nothing herein
shall require a facility to take more than one step, if the
facility can demonstrate that taking a second step is not
reasonable.
(C) Subject to subparagraph (E), an attestation under
subparagraph (A) shall -
(i) expire at the end of the 1-year period beginning on the
date of its filing with the Secretary of Labor, and
(ii) apply to petitions filed during such 1-year period if the
facility states in each such petition that it continues to comply
with the conditions in the attestation.
(D) A facility may meet the requirements under this paragraph
with respect to more than one registered nurse in a single
petition.
(E)(i) The Secretary of Labor shall compile and make available
for public examination in a timely manner in Washington, D.C., a
list identifying facilities which have filed petitions for
nonimmigrants under section 1101(a)(15)(H)(i)(a) of this title and,
for each such facility, a copy of the facility's attestation under
subparagraph (A) (and accompanying documentation) and each such
petition filed by the facility.
(ii) The Secretary of Labor shall establish a process for the
receipt, investigation, and disposition of complaints respecting a
facility's failure to meet conditions attested to or a facility's
misrepresentation of a material fact in an attestation. Complaints
may be filed by any aggrieved person or organization (including
bargaining representatives, associations deemed appropriate by the
Secretary, and other aggrieved parties as determined under
regulations of the Secretary). The Secretary shall conduct an
investigation under this clause if there is reasonable cause to
believe that a facility fails to meet conditions attested to.
(iii) Under such process, the Secretary shall provide, within 180
days after the date such a complaint is filed, for a determination
as to whether or not a basis exists to make a finding described in
clause (iv). If the Secretary determines that such a basis exists,
the Secretary shall provide for notice of such determination to the
interested parties and an opportunity for a hearing on the
complaint within 60 days of the date of the determination.
(iv) If the Secretary of Labor finds, after notice and
opportunity for a hearing, that a facility (for which an
attestation is made) has failed to meet a condition attested to or
that there was a misrepresentation of material fact in the
attestation, the Secretary shall notify the Attorney General of
such finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation) as the Secretary determines to be
appropriate. Upon receipt of such notice, the Attorney General
shall not approve petitions filed with respect to a facility during
a period of at least 1 year for nurses to be employed by the
facility.
(v) In addition to the sanctions provided under clause (iv), if
the Secretary of Labor finds, after notice and an opportunity for a
hearing, that a facility has violated the condition attested to
under subparagraph (A)(iii) (relating to payment of registered
nurses at the prevailing wage rate), the Secretary shall order the
facility to provide for payment of such amounts of back pay as may
be required to comply with such condition.
(3) The Secretary of Labor shall provide for a process under
which a State may submit to the Secretary a plan for the
recruitment and retention of United States citizens and immigrants
who are authorized to perform nursing services as registered nurses
in facilities in the State. Such a plan may include counseling and
educating health workers and other individuals concerning the
employment opportunities available to registered nurses. The
Secretary shall provide, on an annual basis in consultation with
the Secretary of Health and Human Services, for the approval or
disapproval of such a plan, for purposes of paragraph
(2)(A)(iv)(II). Such a plan may not be considered to be approved
with respect to the facility unless the plan provides for the
taking of significant steps described in paragraph (2)(A)(iv)(I)
with respect to registered nurses in the facility.
(4) The period of admission of an alien under section
1101(a)(15)(H)(i)(a) of this title shall be for an initial period
of not to exceed 3 years, subject to an extension for a period or
periods, not to exceed a total period of admission of 5 years (or a
total period of admission of 6 years in the case of extraordinary
circumstances, as determined by the Attorney General).
(5) For purposes of this subsection and section
1101(a)(15)(H)(i)(a) of this title, the term ''facility'' includes
an employer who employs registered nurses in a home setting.
(n) Labor condition application
(1) No alien may be admitted or provided status as an H-1B
nonimmigrant in an occupational classification unless the employer
has filed with the Secretary of Labor an application stating the
following:
(A) The employer -
(i) is offering and will offer during the period of
authorized employment to aliens admitted or provided status as
an H-1B nonimmigrant wages that are at least -
(I) the actual wage level paid by the employer to all other
individuals with similar experience and qualifications for
the specific employment in question, or
(II) the prevailing wage level for the occupational
classification in the area of employment,
whichever is greater, based on the best information available
as of the time of filing the application, and
(ii) will provide working conditions for such a nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
(B) There is not a strike or lockout in the course of a labor
dispute in the occupational classification at the place of
employment.
(C) The employer, at the time of filing the application -
(i) has provided notice of the filing under this paragraph to
the bargaining representative (if any) of the employer's
employees in the occupational classification and area for which
aliens are sought, or
(ii) if there is no such bargaining representative, has
provided notice of filing in the occupational classification
through such methods as physical posting in conspicuous
locations at the place of employment or electronic notification
to employees in the occupational classification for which H-1B
nonimmigrants are sought.
(D) The application shall contain a specification of the number
of workers sought, the occupational classification in which the
workers will be employed, and wage rate and conditions under
which they will be employed.
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United
States worker (as defined in paragraph (4)) employed by the
employer within the period beginning 90 days before and ending 90
days after the date of filing of any visa petition supported by
the application.
(ii) An application described in this clause is an application
filed on or after the date final regulations are first
promulgated to carry out this subparagraph, and before October 1,
2001, by an H-1B-dependent employer (as defined in paragraph (3))
or by an employer that has been found, on or after October 21,
1998, under paragraph (2)(C) or (5) to have committed a willful
failure or misrepresentation during the 5-year period preceding
the filing of the application. An application is not described
in this clause if the only H-1B nonimmigrants sought in the
application are exempt H-1B nonimmigrants.
(F) In the case of an application described in subparagraph
(E)(ii), the employer will not place the nonimmigrant with
another employer (regardless of whether or not such other
employer is an H-1B-dependent employer) where -
(i) the nonimmigrant performs duties in whole or in part at
one or more worksites owned, operated, or controlled by such
other employer; and
(ii) there are indicia of an employment relationship between
the nonimmigrant and such other employer;
unless the employer has inquired of the other employer as to
whether, and has no knowledge that, within the period beginning
90 days before and ending 90 days after the date of the placement
of the nonimmigrant with the other employer, the other employer
has displaced or intends to displace a United States worker
employed by the other employer.
(G)(i) In the case of an application described in subparagraph
(E)(ii), subject to clause (ii), the employer, prior to filing
the application -
(I) has taken good faith steps to recruit, in the United
States using procedures that meet industry-wide standards and
offering compensation that is at least as great as that
required to be offered to H-1B nonimmigrants under subparagraph
(A), United States workers for the job for which the
nonimmigrant or nonimmigrants is or are sought; and
(II) has offered the job to any United States worker who
applies and is equally or better qualified for the job for
which the nonimmigrant or nonimmigrants is or are sought.
(ii) The conditions described in clause (i) shall not apply to
an application filed with respect to the employment of an H-1B
nonimmigrant who is described in subparagraph (A), (B), or (C) of
section 1153(b)(1) of this title.
The employer shall make available for public examination, within
one working day after the date on which an application under this
paragraph is filed, at the employer's principal place of business
or worksite, a copy of each such application (and such accompanying
documents as are necessary). The Secretary shall compile, on a
current basis, a list (by employer and by occupational
classification) of the applications filed under this subsection.
Such list shall include the wage rate, number of aliens sought,
period of intended employment, and date of need. The Secretary
shall make such list available for public examination in
Washington, D.C. The Secretary of Labor shall review such an
application only for completeness and obvious inaccuracies. Unless
the Secretary finds that the application is incomplete or obviously
inaccurate, the Secretary shall provide the certification described
in section 1101(a)(15)(H)(i)(b) of this title within 7 days of the
date of the filing of the application. The application form shall
include a clear statement explaining the liability under
subparagraph (F) of a placing employer if the other employer
described in such subparagraph displaces a United States worker as
described in such subparagraph. Nothing in subparagraph (G) shall
be construed to prohibit an employer from using legitimate
selection criteria relevant to the job that are normal or customary
to the type of job involved, so long as such criteria are not
applied in a discriminatory manner.
(2)(A) Subject to paragraph (5)(A), the Secretary shall establish
a process for the receipt, investigation, and disposition of
complaints respecting a petitioner's failure to meet a condition
specified in an application submitted under paragraph (1) or a
petitioner's misrepresentation of material facts in such an
application. Complaints may be filed by any aggrieved person or
organization (including bargaining representatives). No
investigation or hearing shall be conducted on a complaint
concerning such a failure or misrepresentation unless the complaint
was filed not later than 12 months after the date of the failure or
misrepresentation, respectively. The Secretary shall conduct an
investigation under this paragraph if there is reasonable cause to
believe that such a failure or misrepresentation has occurred.
(B) Under such process, the Secretary shall provide, within 30
days after the date such a complaint is filed, for a determination
as to whether or not a reasonable basis exists to make a finding
described in subparagraph (C). If the Secretary determines that
such a reasonable basis exists, the Secretary shall provide for
notice of such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance with
section 556 of title 5, within 60 days after the date of the
determination. If such a hearing is requested, the Secretary shall
make a finding concerning the matter by not later than 60 days
after the date of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary may consolidate the
hearings under this subparagraph on such complaints.
(C)(i) If the Secretary finds, after notice and opportunity for a
hearing, a failure to meet a condition of paragraph (1)(B), (1)(E),
or (1)(F), a substantial failure to meet a condition of paragraph
(1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material
fact in an application -
(I) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation) as the Secretary determines to be
appropriate; and
(II) the Attorney General shall not approve petitions filed
with respect to that employer under section 1154 or 1184(c) of
this title during a period of at least 1 year for aliens to be
employed by the employer.
(ii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1), a
willful misrepresentation of material fact in an application, or a
violation of clause (iv) -
(I) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not to
exceed $5,000 per violation) as the Secretary determines to be
appropriate; and
(II) the Attorney General shall not approve petitions filed
with respect to that employer under section 1154 or 1184(c) of
this title during a period of at least 2 years for aliens to be
employed by the employer.
(iii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1) or
a willful misrepresentation of material fact in an application, in
the course of which failure or misrepresentation the employer
displaced a United States worker employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application -
(I) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not to
exceed $35,000 per violation) as the Secretary determines to be
appropriate; and
(II) the Attorney General shall not approve petitions filed
with respect to that employer under section 1154 or 1184(c) of
this title during a period of at least 3 years for aliens to be
employed by the employer.
(iv) It is a violation of this clause for an employer who has
filed an application under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
discriminate against an employee (which term, for purposes of this
clause, includes a former employee and an applicant for employment)
because the employee has disclosed information to the employer, or
to any other person, that the employee reasonably believes
evidences a violation of this subsection, or any rule or regulation
pertaining to this subsection, or because the employee cooperates
or seeks to cooperate in an investigation or other proceeding
concerning the employer's compliance with the requirements of this
subsection or any rule or regulation pertaining to this subsection.
(v) The Secretary of Labor and the Attorney General shall devise
a process under which an H-1B nonimmigrant who files a complaint
regarding a violation of clause (iv) and is otherwise eligible to
remain and work in the United States may be allowed to seek other
appropriate employment in the United States for a period not to
exceed the maximum period of stay authorized for such nonimmigrant
classification.
(vi)(I) It is a violation of this clause for an employer who has
filed an application under this subsection to require an H-1B
nonimmigrant to pay a penalty for ceasing employment with the
employer prior to a date agreed to by the nonimmigrant and the
employer. The Secretary shall determine whether a required payment
is a penalty (and not liquidated damages) pursuant to relevant
State law.
(II) It is a violation of this clause for an employer who has
filed an application under this subsection to require an alien who
is the subject of a petition filed under section 1184(c)(1) of this
title, for which a fee is imposed under section 1184(c)(9) of this
title, to reimburse, or otherwise compensate, the employer for part
or all of the cost of such fee. It is a violation of this clause
for such an employer otherwise to accept such reimbursement or
compensation from such an alien.
(III) If the Secretary finds, after notice and opportunity for a
hearing, that an employer has committed a violation of this clause,
the Secretary may impose a civil monetary penalty of $1,000 for
each such violation and issue an administrative order requiring the
return to the nonimmigrant of any amount paid in violation of this
clause, or, if the nonimmigrant cannot be located, requiring
payment of any such amount to the general fund of the Treasury.
(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer, who has filed an application under this subsection
and who places an H-1B nonimmigrant designated as a full-time
employee on the petition filed under section 1184(c)(1) of this
title by the employer with respect to the nonimmigrant, after the
nonimmigrant has entered into employment with the employer, in
nonproductive status due to a decision by the employer (based on
factors such as lack of work), or due to the nonimmigrant's lack of
a permit or license, to fail to pay the nonimmigrant full-time
wages in accordance with paragraph (1)(A) for all such
nonproductive time.
(II) It is a failure to meet a condition of paragraph (1)(A) for
an employer, who has filed an application under this subsection and
who places an H-1B nonimmigrant designated as a part-time employee
on the petition filed under section 1184(c)(1) of this title by the
employer with respect to the nonimmigrant, after the nonimmigrant
has entered into employment with the employer, in nonproductive
status under circumstances described in subclause (I), to fail to
pay such a nonimmigrant for such hours as are designated on such
petition consistent with the rate of pay identified on such
petition.
(III) In the case of an H-1B nonimmigrant who has not yet entered
into employment with an employer who has had approved an
application under this subsection, and a petition under section
1184(c)(1) of this title, with respect to the nonimmigrant, the
provisions of subclauses (I) and (II) shall apply to the employer
beginning 30 days after the date the nonimmigrant first is admitted
into the United States pursuant to the petition, or 60 days after
the date the nonimmigrant becomes eligible to work for the employer
(in the case of a nonimmigrant who is present in the United States
on the date of the approval of the petition).
(IV) This clause does not apply to a failure to pay wages to an
H-1B nonimmigrant for nonproductive time due to non-work-related
factors, such as the voluntary request of the nonimmigrant for an
absence or circumstances rendering the nonimmigrant unable to work.
(V) This clause shall not be construed as prohibiting an employer
that is a school or other educational institution from applying to
an H-1B nonimmigrant an established salary practice of the
employer, under which the employer pays to H-1B nonimmigrants and
United States workers in the same occupational classification an
annual salary in disbursements over fewer than 12 months, if -
(aa) the nonimmigrant agrees to the compressed annual salary
payments prior to the commencement of the employment; and
(bb) the application of the salary practice to the nonimmigrant
does not otherwise cause the nonimmigrant to violate any
condition of the nonimmigrant's authorization under this chapter
to remain in the United States.
(VI) This clause shall not be construed as superseding clause
(viii).
(viii) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an application under this subsection
to fail to offer to an H-1B nonimmigrant, during the nonimmigrant's
period of authorized employment, benefits and eligibility for
benefits (including the opportunity to participate in health, life,
disability, and other insurance plans; the opportunity to
participate in retirement and savings plans; and cash bonuses and
noncash compensation, such as stock options (whether or not based
on performance)) on the same basis, and in accordance with the same
criteria, as the employer offers to United States workers.
(D) If the Secretary finds, after notice and opportunity for a
hearing, that an employer has not paid wages at the wage level
specified under the application and required under paragraph (1),
the Secretary shall order the employer to provide for payment of
such amounts of back pay as may be required to comply with the
requirements of paragraph (1), whether or not a penalty under
subparagraph (C) has been imposed.
(E) If an H-1B-dependent employer places a nonexempt H-1B
nonimmigrant with another employer as provided under paragraph
(1)(F) and the other employer has displaced or displaces a United
States worker employed by such other employer during the period
described in such paragraph, such displacement shall be considered
for purposes of this paragraph a failure, by the placing employer,
to meet a condition specified in an application submitted under
paragraph (1); except that the Attorney General may impose a
sanction described in subclause (II) of subparagraph (C)(i),
(C)(ii), or (C)(iii) only if the Secretary of Labor found that such
placing employer -
(i) knew or had reason to know of such displacement at the time
of the placement of the nonimmigrant with the other employer; or
(ii) has been subject to a sanction under this subparagraph
based upon a previous placement of an H-1B nonimmigrant with the
same other employer.
(F) The Secretary may, on a case-by-case basis, subject an
employer to random investigations for a period of up to 5 years,
beginning on the date (on or after October 21, 1998) on which the
employer is found by the Secretary to have committed a willful
failure to meet a condition of paragraph (1) (or has been found
under paragraph (5) to have committed a willful failure to meet the
condition of paragraph (1)(G)(i)(II)) or to have made a willful
misrepresentation of material fact in an application. The
preceding sentence shall apply to an employer regardless of whether
or not the employer is an H-1B-dependent employer. The authority
of the Secretary under this subparagraph shall not be construed to
be subject to, or limited by, the requirements of subparagraph (A).
(G)(i) If the Secretary receives specific credible information
from a source, who is likely to have knowledge of an employer's
practices or employment conditions, or an employer's compliance
with the employer's labor condition application under paragraph
(1), and whose identity is known to the Secretary, and such
information provides reasonable cause to believe that the employer
has committed a willful failure to meet a condition of paragraph
(1)(A), (1)(B), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a
pattern or practice of failures to meet such a condition, or has
committed a substantial failure to meet such a condition that
affects multiple employees, the Secretary may conduct a 30-day
investigation into the alleged failure or failures. The Secretary
(or the Acting Secretary in the case of the Secretary's absence or
disability) shall personally certify that the requirements for
conducting such an investigation have been met and shall approve
commencement of the investigation. The Secretary may withhold the
identity of the source from the employer, and the source's identity
shall not be subject to disclosure under section 552 of title 5.
(ii) The Secretary shall establish a procedure for any person,
desiring to provide to the Secretary information described in
clause (i) that may be used, in whole or in part, as the basis for
commencement of an investigation described in such clause, to
provide the information in writing on a form developed and provided
by the Secretary and completed by or on behalf of the person. The
person may not be an officer or employee of the Department of
Labor, unless the information satisfies the requirement of clause
(iii)(II) (although an officer or employee of the Department of
Labor may complete the form on behalf of the person).
(iii) Any investigation initiated or approved by the Secretary
under clause (i) shall be based on information that satisfies the
requirements of such clause and that (I) originates from a source
other than an officer or employee of the Department of Labor, or
(II) was lawfully obtained by the Secretary of Labor in the course
of lawfully conducting another Department of Labor investigation
under this chapter or any other Act.
(iv) The receipt by the Secretary of information submitted by an
employer to the Attorney General or the Secretary for purposes of
securing the employment of an H-1B nonimmigrant shall not be
considered a receipt of information for purposes of clause (i).
(v) No investigation described in clause (i) (or hearing
described in clause (vii)) may be conducted with respect to
information about a failure to meet a condition described in clause
(i), unless the Secretary receives the information not later than
12 months after the date of the alleged failure.
(vi) The Secretary shall provide notice to an employer with
respect to whom the Secretary has received information described in
clause (i), prior to the commencement of an investigation under
such clause, of the receipt of the information and of the potential
for an investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the employer
to respond to the allegations before an investigation is
commenced. The Secretary is not required to comply with this
clause if the Secretary determines that to do so would interfere
with an effort by the Secretary to secure compliance by the
employer with the requirements of this subsection. There shall be
no judicial review of a determination by the Secretary under this
clause.
(vii) If the Secretary determines under this subparagraph that a
reasonable basis exists to make a finding that a failure described
in clause (i) has occurred, the Secretary shall provide for notice
of such determination to the interested parties and an opportunity
for a hearing, in accordance with section 556 of title 5, within 60
days after the date of the determination. If such a hearing is
requested, the Secretary shall make a finding concerning the matter
by not later than 60 days after the date of the hearing.
(H) Nothing in this subsection shall be construed as superseding
or preempting any other enforcement-related authority under this
chapter (such as the authorities under section 1324b of this
title), or any other Act.
(3)(A) For purposes of this subsection, the term ''H-1B-dependent
employer'' means an employer that -
(i)(I) has 25 or fewer full-time equivalent employees who are
employed in the United States; and (II) employs more than 7 H-1B
nonimmigrants;
(ii)(I) has at least 26 but not more than 50 full-time
equivalent employees who are employed in the United States; and
(II) employs more than 12 H-1B nonimmigrants; or
(iii)(I) has at least 51 full-time equivalent employees who are
employed in the United States; and (II) employs H-1B
nonimmigrants in a number that is equal to at least 15 percent of
the number of such full-time equivalent employees.
(B) For purposes of this subsection -
(i) the term ''exempt H-1B nonimmigrant'' means an H-1B
nonimmigrant who -
(I) receives wages (including cash bonuses and similar
compensation) at an annual rate equal to at least $60,000; or
(II) has attained a master's or higher degree (or its
equivalent) in a specialty related to the intended employment;
and
(ii) the term ''nonexempt H-1B nonimmigrant'' means an H-1B
nonimmigrant who is not an exempt H-1B nonimmigrant.
(C) For purposes of subparagraph (A) -
(i) in computing the number of full-time equivalent employees
and the number of H-1B nonimmigrants, exempt H-1B nonimmigrants
shall not be taken into account during the longer of -
(I) the 6-month period beginning on October 21, 1998; or
(II) the period beginning on October 21, 1998, and ending on
the date final regulations are issued to carry out this
paragraph; and
(ii) any group treated as a single employer under subsection
(b), (c), (m), or (o) of section 414 of title 26 shall be treated
as a single employer.
(4) For purposes of this subsection:
(A) The term ''area of employment'' means the area within
normal commuting distance of the worksite or physical location
where the work of the H-1B nonimmigrant is or will be performed.
If such worksite or location is within a Metropolitan Statistical
Area, any place within such area is deemed to be within the area
of employment.
(B) In the case of an application with respect to one or more
H-1B nonimmigrants by an employer, the employer is considered to
''displace'' a United States worker from a job if the employer
lays off the worker from a job that is essentially the equivalent
of the job for which the nonimmigrant or nonimmigrants is or are
sought. A job shall not be considered to be essentially
equivalent of another job unless it involves essentially the same
responsibilities, was held by a United States worker with
substantially equivalent qualifications and experience, and is
located in the same area of employment as the other job.
(C) The term ''H-1B nonimmigrant'' means an alien admitted or
provided status as a nonimmigrant described in section
1101(a)(15)(H)(i)(b) of this title.
(D)(i) The term ''lays off'', with respect to a worker -
(I) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance, violation
of workplace rules, cause, voluntary departure, voluntary
retirement, or the expiration of a grant or contract (other
than a temporary employment contract entered into in order to
evade a condition described in subparagraph (E) or (F) of
paragraph (1)); but
(II) does not include any situation in which the worker is
offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer under
paragraph (1)(F), with either employer described in such
paragraph) at equivalent or higher compensation and benefits
than the position from which the employee was discharged,
regardless of whether or not the employee accepts the offer.
(ii) Nothing in this subparagraph is intended to limit an
employee's rights under a collective bargaining agreement or
other employment contract.
(E) The term ''United States worker'' means an employee who -
(i) is a citizen or national of the United States; or
(ii) is an alien who is lawfully admitted for permanent
residence, is admitted as a refugee under section 1157 of this
title, is granted asylum under section 1158 of this title, or
is an immigrant otherwise authorized, by this chapter or by the
Attorney General, to be employed.
(5)(A) This paragraph shall apply instead of subparagraphs (A)
through (E) of paragraph (2) in the case of a violation described
in subparagraph (B), but shall not be construed to limit or affect
the authority of the Secretary or the Attorney General with respect
to any other violation.
(B) The Attorney General shall establish a process for the
receipt, initial review, and disposition in accordance with this
paragraph of complaints respecting an employer's failure to meet
the condition of paragraph (1)(G)(i)(II) or a petitioner's
misrepresentation of material facts with respect to such
condition. Complaints may be filed by an aggrieved individual who
has submitted a resume or otherwise applied in a reasonable manner
for the job that is the subject of the condition. No proceeding
shall be conducted under this paragraph on a complaint concerning
such a failure or misrepresentation unless the Attorney General
determines that the complaint was filed not later than 12 months
after the date of the failure or misrepresentation, respectively.
(C) If the Attorney General finds that a complaint has been filed
in accordance with subparagraph (B) and there is reasonable cause
to believe that such a failure or misrepresentation described in
such complaint has occurred, the Attorney General shall initiate
binding arbitration proceedings by requesting the Federal Mediation
and Conciliation Service to appoint an arbitrator from the roster
of arbitrators maintained by such Service. The procedure and rules
of such Service shall be applicable to the selection of such
arbitrator and to such arbitration proceedings. The Attorney
General shall pay the fee and expenses of the arbitrator.
(D)(i) The arbitrator shall make findings respecting whether a
failure or misrepresentation described in subparagraph (B)
occurred. If the arbitrator concludes that failure or
misrepresentation was willful, the arbitrator shall make a finding
to that effect. The arbitrator may not find such a failure or
misrepresentation (or that such a failure or misrepresentation was
willful) unless the complainant demonstrates such a failure or
misrepresentation (or its willful character) by clear and
convincing evidence. The arbitrator shall transmit the findings in
the form of a written opinion to the parties to the arbitration and
the Attorney General. Such findings shall be final and conclusive,
and, except as provided in this subparagraph, no official or court
of the United States shall have power or jurisdiction to review any
such findings.
(ii) The Attorney General may review and reverse or modify the
findings of an arbitrator only on the same bases as an award of an
arbitrator may be vacated or modified under section 10 or 11 of
title 9.
(iii) With respect to the findings of an arbitrator, a court may
review only the actions of the Attorney General under clause (ii)
and may set aside such actions only on the grounds described in
subparagraph (A), (B), or (C) of section 706(a)(2) of title 5.
Notwithstanding any other provision of law, such judicial review
may only be brought in an appropriate United States court of
appeals.
(E) If the Attorney General receives a finding of an arbitrator
under this paragraph that an employer has failed to meet the
condition of paragraph (1)(G)(i)(II) or has misrepresented a
material fact with respect to such condition, unless the Attorney
General reverses or modifies the finding under subparagraph (D)(ii)
-
(i) the Attorney General may impose administrative remedies
(including civil monetary penalties in an amount not to exceed
$1,000 per violation or $5,000 per violation in the case of a
willful failure or misrepresentation) as the Attorney General
determines to be appropriate; and
(ii) the Attorney General is authorized to not approve
petitions filed, with respect to that employer and for aliens to
be employed by the employer, under section 1154 or 1184(c) of
this title -
(I) during a period of not more than 1 year; or
(II) in the case of a willful failure or willful
misrepresentation, during a period of not more than 2 years.
(F) The Attorney General shall not delegate, to any other
employee or official of the Department of Justice, any function of
the Attorney General under this paragraph, until 60 days after the
Attorney General has submitted a plan for such delegation to the
Committees on the Judiciary of the United States House of
Representatives and the Senate.
(o) Omitted
(p) Computation of prevailing wage level
(1) In computing the prevailing wage level for an occupational
classification in an area of employment for purposes of subsections
(n)(1)(A)(i)(II) and (a)(5)(A) of this section in the case of an
employee of -
(A) an institution of higher education (as defined in section
1001(a) of title 20), or a related or affiliated nonprofit
entity; or
(B) a nonprofit research organization or a Governmental
research organization,
the prevailing wage level shall only take into account employees at
such institutions and organizations in the area of employment.
(2) With respect to a professional athlete (as defined in
subsection (a)(5)(A)(iii)(II) of this section) when the job
opportunity is covered by professional sports league rules or
regulations, the wage set forth in those rules or regulations shall
be considered as not adversely affecting the wages of United States
workers similarly employed and be considered the prevailing wage.
(q) Academic honoraria
Any alien admitted under section 1101(a)(15)(B) of this title may
accept an honorarium payment and associated incidental expenses for
a usual academic activity or activities (lasting not longer than 9
days at any single institution), as defined by the Attorney General
in consultation with the Secretary of Education, if such payment is
offered by an institution or organization described in subsection
(p)(1) of this section and is made for services conducted for the
benefit of that institution or entity and if the alien has not
accepted such payment or expenses from more than 5 institutions or
organizations in the previous 6-month period.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 212, 66 Stat. 182;
July 18, 1956, ch. 629, title III, Sec. 301 (a), 70 Stat. 575; Pub.
L. 85-508, Sec. 23, July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec.
20(b), Mar. 18, 1959, 73 Stat. 13; Pub. L. 86-648, Sec. 8, July 14,
1960, 74 Stat. 505; Pub. L. 87-256, Sec. 109(c), Sept. 21, 1961, 75
Stat. 535; Pub. L. 87-301, Sec. 11-15, Sept. 26, 1961, 75 Stat.
654, 655; Pub. L. 89-236, Sec. 10, 15, Oct. 3, 1965, 79 Stat. 917,
919; Pub. L. 91-225, Sec. 2, Apr. 7, 1970, 84 Stat. 116; Pub. L.
94-484, title VI, Sec. 601(a), (c), (d), Oct. 12, 1976, 90 Stat.
2300, 2301; Pub. L. 94-571, Sec. 5, 7(d), Oct. 20, 1976, 90 Stat.
2705, 2706; Pub. L. 95-83, title III, Sec. 307(q)(1), (2), Aug. 1,
1977, 91 Stat. 394; Pub. L. 95-549, title I, Sec. 101, 102, Oct.
30, 1978, 92 Stat. 2065; Pub. L. 96-70, title III, Sec. 3201(b),
Sept. 27, 1979, 93 Stat. 497; Pub. L. 96-212, title II, Sec.
203(d), (f), Mar. 17, 1980, 94 Stat. 107; Pub. L. 96-538, title IV,
Sec. 404, Dec. 17, 1980, 94 Stat. 3192; Pub. L. 97-116, Sec. 4,
5(a)(1), (2), (b), 18(e), Dec. 29, 1981, 95 Stat. 1611, 1612, 1620;
Pub. L. 98-454, title VI, Sec. 602((a)), Oct. 5, 1984, 98 Stat.
1737; Pub. L. 98-473, title II, Sec. 220(a), Oct. 12, 1984, 98
Stat. 2028; Pub. L. 99-396, Sec. 14(a), Aug. 27, 1986, 100 Stat.
842; Pub. L. 99-570, title I, Sec. 1751(a), Oct. 27, 1986, 100
Stat. 3207-47; Pub. L. 99-639, Sec. 6(a), Nov. 10, 1986, 100 Stat.
3543; Pub. L. 99-653, Sec. 7(a), Nov. 14, 1986, 100 Stat. 3657;
Pub. L. 100-204, title VIII, Sec. 806(c), Dec. 22, 1987, 101 Stat.
1399; Pub. L. 100-525, Sec. 3(1)(A), 7(c)(1), (3), 8(f), 9(i), Oct.
24, 1988, 102 Stat. 2614, 2616, 2617, 2620; Pub. L. 100-690, title
VII, Sec. 7349(a), Nov. 18, 1988, 102 Stat. 4473; Pub. L. 101-238,
Sec. 3(b), Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246, title I,
Sec. 131(a), (c), Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-649,
title I, Sec. 162(e)(1), (f)(2)(B), title II, Sec. 202(b),
205(c)(3), title V, Sec. 511(a), 514(a), title VI, Sec. 601(a),
(b), (d), Nov. 29, 1990, 104 Stat. 5011, 5012, 5014, 5020, 5052,
5053, 5067, 5075; Pub. L. 102-232, title III, Sec. 302(e)(6), (9),
303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)-(g), 309(b)(7),
Dec. 12, 1991, 105 Stat. 1746, 1747, 1751, 1753-1755, 1759; Pub. L.
103-43, title XX, Sec. 2007(a), June 10, 1993, 107 Stat. 210; Pub.
L. 103-317, title V, Sec. 506(a), Aug. 26, 1994, 108 Stat. 1765;
Pub. L. 103-322, title XIII, Sec. 130003(b)(1), Sept. 13, 1994, 108
Stat. 2024; Pub. L. 103-416, title II, Sec. 203(a), 219(e), (z)(1),
(5), 220(a), Oct. 25, 1994, 108 Stat. 4311, 4316, 4318, 4319; Pub.
L. 104-132, title IV, Sec. 411, 412, 440(d), Apr. 24, 1996, 110
Stat. 1268, 1269, 1277; Pub. L. 104-208, div. C, title I, Sec.
124(b)(1), title III, Sec. 301(b)(1), (c)(1), 304(b), 305(c),
306(d), 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6),
(f)(1)(C)-(F), (3)(A), (g)(1), (4)(B), (10)(A), (H), 322(a)(2)(B),
341(a), (b), 342(a), 343, 344(a), 345(a), 346(a), 347(a), 348(a),
349, 351(a), 352(a), 355, title V, Sec. 531(a), title VI, Sec.
602(a), 622(b), 624(a), 671(e)(3), Sept. 30, 1996, 110 Stat.
3009-562, 3009-576, 3009-578, 3009-597, 3009-607, 3009-612,
3009-616, 3009-619 to 3009-622, 3009-625, 3009-629, 3009-635 to
3009-641, 3009-644, 3009-674, 3009-689, 3009-695, 3009-698,
3009-723; Pub. L. 105-73, Sec. 1, Nov. 12, 1997, 111 Stat. 1459;
Pub. L. 105-277, div. C, title IV, Sec. 412(a)-(c), 413(a)-(e)(1),
(f), 415(a), 431(a), div. G, title XXII, Sec. 2226(a), Oct. 21,
1998, 112 Stat. 2681-642 to 2681-651, 2681-654, 2681-658, 2681-820;
Pub. L. 105-292, title VI, Sec. 604(a), Oct. 27, 1998, 112 Stat.
2814.)
-STATAMEND-
AMENDMENT OF SECTION
For termination of amendment by section 413(e)(2) of Pub. L.
105-277, see Effective and Termination Dates of 1998 Amendments
note below.
-REFTEXT-
REFERENCES IN TEXT
Section 301 of the Immigration Act of 1990, referred to in
subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), is section 301 of Pub. L.
101-649, which is set out as a note under section 1255a of this
title.
Section 112 of the Immigration Act of 1990, referred to in
subsec. (a)(6)(E)(ii), is section 112 of Pub. L. 101-649, which is
set out as a note under section 1153 of this title.
Section 1184(k) of this title, referred to in subsec. (e), was
redesignated section 1184(l) and former section 1184(j) was
redesignated section 1184(k) of this title by Pub. L. 104-208,
div. C, title VI, Sec. 671(a)(3)(A), Sept. 30, 1996, 110 Stat.
3009-721.
The effective date of this subsection, referred to in subsec.
(j)(2), is ninety days after Oct. 12, 1976.
-MISC2-
AMENDMENTS
1998 - Subsec. (a)(2)(G). Pub. L. 105-292 added subpar. (G).
Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105-277, Sec. 2226(a),
added cls. (ii) and (iii) and struck out heading and text of former
cl. (ii). Text read as follows: ''Clause (i) shall not apply so
long as the child is located in a foreign state that is a party to
the Hague Convention on the Civil Aspects of International Child
Abduction.''
Subsec. (n)(1). Pub. L. 105-277, Sec. 412(b)(2), substituted ''an
H-1B nonimmigrant'' for ''a nonimmigrant described in section
1101(a)(15)(H)(i)(b) of this title'' in introductory provisions.
Pub. L. 105-277, Sec. 412(a)(2), (3), inserted at end ''The
application form shall include a clear statement explaining the
liability under subparagraph (F) of a placing employer if the other
employer described in such subparagraph displaces a United States
worker as described in such subparagraph. Nothing in subparagraph
(G) shall be construed to prohibit an employer from using
legitimate selection criteria relevant to the job that are normal
or customary to the type of job involved, so long as such criteria
are not applied in a discriminatory manner.''
Subsec. (n)(1)(A)(i). Pub. L. 105-277, Sec. 412(b)(2),
substituted ''an H-1B nonimmigrant'' for ''a nonimmigrant described
in section 1101(a)(15)(H)(i)(b) of this title'' in introductory
provisions.
Subsec. (n)(1)(C)(ii). Pub. L. 105-277, Sec. 412(c), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: ''if
there is no such bargaining representative, has posted notice of
filing in conspicuous locations at the place of employment.''
Subsec. (n)(1)(E) to (G). Pub. L. 105-277, Sec. 412(a)(1), added
subpars. (E) to (G).
Subsec. (n)(2)(A). Pub. L. 105-277, Sec. 413(b)(2), substituted
''Subject to paragraph (5)(A), the Secretary'' for ''The
Secretary'' in first sentence.
Subsec. (n)(2)(C). Pub. L. 105-277, Sec. 413(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
''If the Secretary finds, after notice and opportunity for a
hearing, a failure to meet a condition of paragraph (1)(B), a
substantial failure to meet a condition of paragraphs (1)(C) or
(1)(D), a willful failure to meet a condition of paragraph (1)(A),
or a misrepresentation of material fact in an application -
''(i) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation) as the Secretary determines to be
appropriate, and
''(ii) the Attorney General shall not approve petitions filed
with respect to that employer under section 1154 or 1184(c) of
this title during a period of at least 1 year for aliens to be
employed by the employer.''
Subsec. (n)(2)(E). Pub. L. 105-277, Sec. 413(c), added subpar.
(E).
Subsec. (n)(2)(F). Pub. L. 105-277, Sec. 413(d), added subpar.
(F).
Subsec. (n)(2)(G). Pub. L. 105-277, Sec. 413(e), temporarily
added subpar. (G). See Effective and Termination Dates of 1998
Amendments note below.
Subsec. (n)(2)(H). Pub. L. 105-277, Sec. 413(f), added subpar.
(H).
Subsec. (n)(3), (4). Pub. L. 105-277, Sec. 412(b)(1), added pars.
(3) and (4).
Subsec. (n)(5). Pub. L. 105-277, Sec. 413(b)(1), added par. (5).
Subsec. (p). Pub. L. 105-277, Sec. 415(a), added subsec. (p).
Subsec. (q). Pub. L. 105-277, Sec. 431(a), added subsec. (q).
1997 - Subsec. (a)(1)(A)(ii). Pub. L. 105-73, Sec. 1(1), inserted
''except as provided in subparagraph (C),'' after ''(ii)''.
Subsec. (a)(1)(C). Pub. L. 105-73, Sec. 1(2), added subpar. (C).
1996 - Pub. L. 104-208, Sec. 308(d)(1)(A), amended section
catchline.
Subsec. (a). Pub. L. 104-208, Sec. 308(d)(1)(C), substituted ''is
inadmissible'' for ''is excludable'' wherever appearing in pars.
(1) to (5), (6)(C) to (E), (G), (7), (8), (10)(A), (C)(i), (D), and
(E).
Pub. L. 104-208, Sec. 308(d)(1)(B), substituted ''aliens
ineligible for visas or admission'' for ''excludable aliens'' in
heading and substituted ''Except as otherwise provided in this
chapter, aliens who are inadmissible under the following paragraphs
are ineligible to receive visas and ineligible to be admitted to
the United States:'' for ''Except as otherwise provided in this
chapter, the following describes classes of excludable aliens who
are ineligible to receive visas and who shall be excluded from
admission into the United States:'' in introductory provisions.
Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104-208, Sec. 341(a),
added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii)
and (iv), respectively.
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 322(a)(2)(B), struck out
''actually imposed'' after ''confinement''.
Subsec. (a)(2)(D)(i), (ii). Pub. L. 104-208, Sec. 308(f)(1)(C),
substituted ''admission'' for ''entry''.
Subsec. (a)(3)(B)(i)(I). Pub. L. 104-132, Sec. 411(1)(A), struck
out ''or'' at end.
Subsec. (a)(3)(B)(i)(II). Pub. L. 104-132, Sec. 411(1)(B),
inserted ''is engaged in or'' after ''ground to believe,''.
Subsec. (a)(3)(B)(i)(III). Pub. L. 104-208, Sec. 342(a)(2), added
subcl. (III). Former subcl. (III) redesignated (IV).
Pub. L. 104-132, Sec. 411(1)(C), added subcl. (III).
Subsec. (a)(3)(B)(i)(IV). Pub. L. 104-208, Sec. 355, inserted
''which the alien knows or should have known is a terrorist
organization'' after ''1189 of this title,''.
Pub. L. 104-208, Sec. 342(a)(1), redesignated subcl. (III) as
(IV). Former subcl. (IV) redesignated (V).
Pub. L. 104-132, Sec. 411(1)(C), added subcl. (IV).
Subsec. (a)(3)(B)(i)(V). Pub. L. 104-208, Sec. 342(a)(1),
redesignated subcl. (IV) as (V).
Subsec. (a)(3)(B)(iii)(III). Pub. L. 104-208, Sec. 342(a)(3),
inserted ''documentation or'' before ''identification''.
Subsec. (a)(3)(B)(iv). Pub. L. 104-132, Sec. 411(2), added cl.
(iv).
Subsec. (a)(4). Pub. L. 104-208, Sec. 531(a), amended heading and
text of par. (4) generally. Prior to amendment, text read as
follows: ''Any alien who, in the opinion of the consular officer at
the time of application for a visa, or in the opinion of the
Attorney General at the time of application for admission or
adjustment of status, is likely at any time to become a public
charge is excludable.''
Pub. L. 104-208, Sec. 305(c), which directed amendment of par.
(4) by substituting ''1227(a)(5)(B)'' for ''1251(a)(5)(B)'' each
place it appears, could not be executed because ''1251(a)(5)(B)''
did not appear in par. (4).
Subsec. (a)(5)(A)(iii). Pub. L. 104-208, Sec. 624(a), added cl.
(iii).
Subsec. (a)(5)(C). Pub. L. 104-208, Sec. 343(2), added subpar.
(C). Former subpar. (C) redesignated (D).
Pub. L. 104-208, Sec. 308(d)(1)(D), substituted
''inadmissibility'' for ''exclusion''.
Subsec. (a)(5)(D). Pub. L. 104-208, Sec. 343(1), redesignated
subpar. (C) as (D).
Subsec. (a)(6)(A). Pub. L. 104-208, Sec. 301(c)(1), amended
heading and text generally. Prior to amendment, text read as
follows: ''Any alien who has been excluded from admission and
deported and who again seeks admission within one year of the date
of such deportation is excludable, unless prior to the alien's
reembarkation at a place outside the United States or attempt to be
admitted from foreign contiguous territory the Attorney General has
consented to the alien's reapplying for admission.''
Subsec. (a)(6)(B). Pub. L. 104-208, Sec. 301(c)(1), amended
heading and text generally. Prior to amendment, text read as
follows: ''Any alien who -
''(i) has been arrested and deported,
''(ii) has fallen into distress and has been removed pursuant
to this chapter or any prior Act,
''(iii) has been removed as an alien enemy, or
''(iv) has been removed at Government expense in lieu of
deportation pursuant to section 1252(b) of this title,
and (a) who seeks admission within 5 years of the date of such
deportation or removal, or (b) who seeks admission within 20 years
in the case of an alien convicted of an aggravated felony, is
excludable, unless before the date of the alien's embarkation or
reembarkation at a place outside the United States or attempt to be
admitted from foreign contiguous territory the Attorney General has
consented to the alien's applying or reapplying for admission.''
Subsec. (a)(6)(C)(i). Pub. L. 104-208, Sec. 308(f)(1)(D),
substituted ''admission'' for ''entry''.
Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104-208, Sec. 344(a), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(6)(F). Pub. L. 104-208, Sec. 345(a)(1), amended
heading and text of subpar. (F) generally. Prior to amendment,
text read as follows: ''An alien who is the subject of a final
order for violation of section 1324c of this title is excludable.''
Subsec. (a)(6)(G). Pub. L. 104-208, Sec. 346(a), added subpar.
(G).
Subsec. (a)(9). Pub. L. 104-208, Sec. 301(b)(1), added par. (9).
Former par. (9) redesignated (10).
Subsec. (a)(10). Pub. L. 104-208, Sec. 301(b)(1), redesignated
par. (9) as (10).
Subsec. (a)(10)(B). Pub. L. 104-208, Sec. 308(c)(2)(B), amended
heading and text of subpar. (B) generally. Prior to amendment,
text read as follows: ''Any alien accompanying another alien
ordered to be excluded and deported and certified to be helpless
from sickness or mental or physical disability or infancy pursuant
to section 1227(e) of this title, whose protection or guardianship
is required by the alien ordered excluded and deported, is
excludable.''
Subsec. (a)(10)(D). Pub. L. 104-208, Sec. 347(a), added subpar.
(D).
Subsec. (a)(10)(E). Pub. L. 104-208, Sec. 352(a), added subpar.
(E).
Subsec. (b). Pub. L. 104-208, Sec. 308(d)(1)(F), which directed
amendment of par. (2) by striking ''or ineligible for entry'', was
executed by striking the language in par. (1)(B) before ''or
adjustment'', to reflect the probable intent of Congress and the
intervening redesignation of par. (2) as par. (1)(B) by Pub. L.
104-132, Sec. 412(1). See below.
Pub. L. 104-208, Sec. 308(d)(1)(E), substituted ''inadmissible''
for ''excludable'' wherever appearing.
Pub. L. 104-132, Sec. 412, designated existing provisions as par.
(1), substituted ''Subject to paragraphs (2) and (3), if'' for
''If'', redesignated former pars. (1) and (2) as subpars. (A) and
(B), respectively, realigned margins, and added pars. (2) and (3).
Subsec. (c). Pub. L. 104-208, Sec. 304(b), struck out subsec. (c)
which read as follows: ''Aliens lawfully admitted for permanent
residence who temporarily proceeded abroad voluntarily and not
under an order of deportation, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted
in the discretion of the Attorney General without regard to the
provisions of subsection (a) of this section (other than paragraphs
(3) and (9)(C)). Nothing contained in this subsection shall limit
the authority of the Attorney General to exercise the discretion
vested in him under section 1181(b) of this title. This subsection
shall not apply to an alien who is deportable by reason of having
committed any criminal offense covered in section
1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense
covered by section 1227(a)(2)(A)(ii) of this title for which both
predicate offenses are, without regard to the date of their
commission, otherwise covered by section 1227(a)(2)(A)(i) of this
title.''
Pub. L. 104-132, Sec. 440(d)(2), as amended by Pub. L. 104-208,
Sec. 306(d), 308(g)(1), (10)(H), substituted ''is deportable by
reason of having committed any criminal offense covered in section
1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense
covered by section 1227(a)(2)(A)(ii) of this title for which both
predicate offenses are, without regard to the date of their
commission, otherwise covered by section 1227(a)(2)(A)(i) of this
title.'' for ''has been convicted of one or more aggravated
felonies and has served for such felony or felonies a term of
imprisonment of at least 5 years.''
Pub. L. 104-132, Sec. 440(d)(1), substituted ''This'' for ''The
first sentence of this'' in third sentence.
Subsec. (d)(1). Pub. L. 104-208, Sec. 308(e)(1)(B), substituted
''removal'' for ''deportation''.
Pub. L. 104-208, Sec. 308(d)(1)(D), substituted
''inadmissibility'' for ''exclusion''.
Subsec. (d)(3). Pub. L. 104-208, Sec. 308(d)(1)(E), substituted
''inadmissible aliens'' for ''excludable aliens''.
Subsec. (d)(4). Pub. L. 104-208, Sec. 308(g)(1), substituted
''section 1223(c)'' for ''section 1228(c)''.
Subsec. (d)(5)(A). Pub. L. 104-208, Sec. 602(a), substituted
''only on a case-by-case basis for urgent humanitarian reasons or
significant public benefit'' for ''for emergent reasons or for
reasons deemed strictly in the public interest''.
Subsec. (d)(7). Pub. L. 104-208, Sec. 308(g)(4)(B), substituted
''section 1231(c)'' for ''section 1227(a)''.
Pub. L. 104-208, Sec. 308(e)(2)(A), substituted ''removed'' for
''deported''.
Pub. L. 104-208, Sec. 308(d)(1)(G), substituted ''denied
admission'' for ''excluded from admission''.
Subsec. (d)(11). Pub. L. 104-208, Sec. 671(e)(3), inserted comma
after ''(4) thereof)''.
Pub. L. 104-208, Sec. 351(a), inserted ''an individual who at the
time of such action was'' after ''aided only''.
Pub. L. 104-208, Sec. 308(e)(1)(C), substituted ''removal'' for
''deportation''.
Subsec. (d)(12). Pub. L. 104-208, Sec. 345(a)(2), added par.
(12).
Subsec. (e). Pub. L. 104-208, Sec. 622(b), inserted '', or in the
case of a waiver requested by an interested United States
Government agency on behalf of an alien described in clause
(iii),'' before ''the waiver shall be subject to''.
Subsec. (f). Pub. L. 104-208, Sec. 124(b)(1), inserted at end
''Whenever the Attorney General finds that a commercial airline has
failed to comply with regulations of the Attorney General relating
to requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United States
(including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline.''
Subsec. (g). Pub. L. 104-208, Sec. 341(b), substituted a
semicolon for '', or'' at end of par. (1)(B), inserted ''in
accordance with such terms, conditions, and controls, if any,
including the giving of bond, as the Attorney General, in the
discretion of the Attorney General after consultation with the
Secretary of Health and Human Services, may by regulation
prescribe;'' as par. (1) concluding provisions, and substituted
pars. (2) and (3) for former par. (2) and concluding provisions
which read as follows:
''(2) subsection (a)(1)(A)(ii) of this section in the case of
any alien,
in accordance with such terms, conditions, and controls, if any,
including the giving of bond, as the Attorney General, in his
discretion after consultation with the Secretary of Health and
Human Services, may by regulation prescribe.''
Subsec. (h). Pub. L. 104-208, Sec. 348(a), inserted at end of
concluding provisions ''No waiver shall be granted under this
subsection in the case of an alien who has previously been admitted
to the United States as an alien lawfully admitted for permanent
residence if either since the date of such admission the alien has
been convicted of an aggravated felony or the alien has not
lawfully resided continuously in the United States for a period of
not less than 7 years immediately preceding the date of initiation
of proceedings to remove the alien from the United States. No court
shall have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this subsection.''
Pub. L. 104-208, Sec. 308(g)(10)(A), which directed substitution
of ''paragraphs (1) and (2) of section 1229b(a) of this title'' for
''subsection (c) of this section'', could not be executed because
the language ''subsection (c) of this section'' did not appear.
Subsec. (h)(1)(A)(i). Pub. L. 104-208, Sec. 308(f)(1)(E),
substituted ''admission'' for ''entry''.
Pub. L. 104-208, Sec. 308(d)(1)(E), substituted ''inadmissible''
for ''excludable'' in two places.
Subsec. (h)(1)(B). Pub. L. 104-208, Sec. 308(d)(1)(H),
substituted ''denial of admission'' for ''exclusion''.
Subsec. (i). Pub. L. 104-208, Sec. 349, amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: ''The
Attorney General may, in his discretion, waive application of
clause (i) of subsection (a)(6)(C) of this section -
''(1) in the case of an immigrant who is the spouse, parent, or
son or daughter of a United States citizen or of an immigrant
lawfully admitted for permanent residence, or
''(2) if the fraud or misrepresentation occurred at least 10
years before the date of the immigrant's application for a visa,
entry, or adjustment of status and it is established to the
satisfaction of the Attorney General that the admission to the
United States of such immigrant would not be contrary to the
national welfare, safety, or security of the United States.''
Subsec. (j)(1)(D). Pub. L. 104-208, Sec. 308(f)(1)(F),
substituted ''admission'' for ''entry'' in introductory provisions.
Subsec. (j)(1)(D)(ii). Pub. L. 104-208, Sec. 308(f)(3)(A),
substituted ''is admitted to'' for ''enters''.
Subsec. (k). Pub. L. 104-208, Sec. 308(d)(1)(E), substituted
''inadmissible'' for ''excludable''.
Pub. L. 104-208, Sec. 308(d)(1)(D), substituted
''inadmissibility'' for ''exclusion''.
Subsec. (l)(2)(B). Pub. L. 104-208, Sec. 308(e)(6), substituted
''removal of'' for ''deportation against''.
1994 - Subsec. (a)(2)(A)(i)(I). Pub. L. 103-416, Sec. 203(a)(1),
inserted ''or an attempt or conspiracy to commit such a crime''
after ''offense)''.
Subsec. (a)(2)(A)(i)(II). Pub. L. 103-416, Sec. 203(a)(2),
inserted ''or attempt'' after ''conspiracy''.
Subsec. (a)(5)(C). Pub. L. 103-416, Sec. 219(z)(5), amended
directory language of Pub. L. 102-232, Sec. 307(a)(6). See 1991
Amendment note below.
Subsec. (d)(1). Pub. L. 103-322 added par. (1).
Subsec. (d)(11). Pub. L. 103-416, Sec. 219(e), substituted
''voluntarily'' for ''voluntary''.
Subsec. (e). Pub. L. 103-416, Sec. 220(a), in first proviso,
inserted ''(or, in the case of an alien described in clause (iii),
pursuant to the request of a State Department of Public Health, or
its equivalent)'' after ''interested United States Government
agency'' and ''except that in the case of a waiver requested by a
State Department of Public Health, or its equivalent the waiver
shall be subject to the requirements of section 1184(k) of this
title'' after ''public interest''.
Subsec. (h). Pub. L. 103-416, Sec. 203(a)(3), inserted before
period at end '', or an attempt or conspiracy to commit murder or a
criminal act involving torture''.
Subsec. (n)(1)(A)(i). Pub. L. 103-416, Sec. 219(z)(1), made
technical correction to Pub. L. 102-232, Sec. 303(a)(7)(B)(i). See
1991 Amendment note below.
Subsec. (o). Pub. L. 103-317, Sec. 506(a), (c), temporarily added
subsec. (o) which read as follows: ''An alien who has been
physically present in the United States shall not be eligible to
receive an immigrant visa within ninety days following departure
therefrom unless -
''(1) the alien was maintaining a lawful nonimmigrant status at
the time of such departure, or
''(2) the alien is the spouse or unmarried child of an
individual who obtained temporary or permanent resident status
under section 1160 or 1255a of this title or section 202 of the
Immigration Reform and Control Act of 1986 at any date, who -
''(A) as of May 5, 1988, was the unmarried child or spouse of
the individual who obtained temporary or permanent resident
status under section 1160 or 1255a of this title or section 202
of the Immigration Reform and Control Act of 1986;
''(B) entered the United States before May 5, 1988, resided
in the United States on May 5, 1988, and is not a lawful
permanent resident; and
''(C) applied for benefits under section 301(a) of the
Immigration Act of 1990.''
See Effective and Termination Dates of 1994 Amendments note below.
1993 - Subsec. (a)(1)(A)(i). Pub. L. 103-43 inserted at end
''which shall include infection with the etiologic agent for
acquired immune deficiency syndrome,''.
1991 - Subsec. (a)(1)(A)(ii)(II). Pub. L. 102-232, Sec.
307(a)(1), inserted ''or'' at end.
Subsec. (a)(3)(A)(i). Pub. L. 102-232, Sec. 307(a)(2), inserted
''(I)'' after ''any activity'' and ''(II)'' after ''sabotage or''.
Subsec. (a)(3)(B)(iii)(III). Pub. L. 102-232, Sec. 307(a)(3),
substituted ''a terrorist activity'' for ''an act of terrorist
activity''.
Subsec. (a)(3)(C)(iv). Pub. L. 102-232, Sec. 307(a)(5),
substituted ''identity'' for ''identities''.
Subsec. (a)(3)(D)(iv). Pub. L. 102-232, Sec. 307(a)(4),
substituted ''if the immigrant'' for ''if the alien''.
Subsec. (a)(5). Pub. L. 102-232, Sec. 302(e)(6), repealed Pub. L.
101-649, Sec. 162(e)(1). See 1990 Amendment note below.
Subsec. (a)(5)(C). Pub. L. 102-232, Sec. 307(a)(6), as amended by
Pub. L. 103-416, Sec. 219(z)(5), substituted ''immigrants seeking
admission or adjustment of status under paragraph (2) or (3) of
section 1153(b) of this title'' for ''preference immigrant aliens
described in paragraph (3) or (6) of section 1153(a) of this title
and to nonpreference immigrant aliens described in section
1153(a)(7) of this title''.
Subsec. (a)(6)(B). Pub. L. 102-232, Sec. 307(a)(7), in closing
provisions, substituted ''(a) who seeks'' for ''who seeks'', '', or
(b) who seeks admission'' for ''(or'', and ''felony,'' for
''felony)''.
Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102-232, Sec. 307(a)(8),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(8)(B). Pub. L. 102-232, Sec. 307(a)(9), substituted
''person'' for ''alien'' after ''Any''.
Subsec. (a)(9)(C)(i). Pub. L. 102-232, Sec. 307(a)(10)(A),
substituted ''an order by a court in the United States granting
custody to a person of a United States citizen child who detains or
retains the child, or withholds custody of the child, outside the
United States from the person granted custody by that order, is
excludable until the child is surrendered to the person granted
custody by that order'' for ''a court order granting custody to a
citizen of the United States of a child having a lawful claim to
United States citizenship, detains, retains, or withholds custody
of the child outside the United States from the United States
citizen granted custody, is excludable until the child is
surrendered to such United States citizen''.
Subsec. (a)(9)(C)(ii). Pub. L. 102-232, Sec. 307(a)(10)(B),
substituted ''so long as the child is located in a foreign state
that is a party'' for ''to an alien who is a national of a foreign
state that is a signatory''.
Subsec. (a)(17). Pub. L. 102-232, Sec. 306(a)(12), amended Pub.
L. 101-649, Sec. 514(a). See 1990 Amendment note below.
Subsec. (c). Pub. L. 102-232, Sec. 307(b), substituted
''paragraphs (3) and (9)(C)'' for ''subparagraphs (A), (B), (C), or
(E) of paragraph (3)''.
Pub. L. 102-232, Sec. 306(a)(10), substituted ''one or more
aggravated felonies and has served for such felony or felonies''
for ''an aggravated felony and has served''.
Subsec. (d)(3). Pub. L. 102-232, Sec. 307(c), substituted
''(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),'' for ''(3)(A),'' in two
places and ''(3)(E)'' for ''(3)(D)'' in two places.
Subsec. (d)(11). Pub. L. 102-232, Sec. 307(d), inserted ''and in
the case of an alien seeking admission or adjustment of status as
an immediate relative or immigrant under section 1153(a) of this
title (other than paragraph (4) thereof)'' after ''section 1181(b)
of this title''.
Subsec. (g)(1). Pub. L. 102-232, Sec. 307(e), substituted
''subsection (a)(1)(A)(i)'' for ''section (a)(1)(A)(i)''.
Subsec. (h). Pub. L. 102-232, Sec. 307(f)(1), struck out ''in the
case of an immigrant who is the spouse, parent, son, or daughter of
a citizen of the United States or alien lawfully admitted for
permanent residence'' after ''marijuana'' in introductory
provisions.
Subsec. (h)(1). Pub. L. 102-232, Sec. 307(f)(2), designated
existing provisions as subpar. (A) and inserted ''in the case of
any immigrant'' in introductory provisions, redesignated former
subpars. (A) to (C) as cls. (i) to (iii), respectively, struck out
''and'' at end of cl. (i), substituted ''or'' for ''and'' at end of
cl. (iii), and added subpar. (B).
Subsec. (i). Pub. L. 102-232, Sec. 307(g), substituted
''immigrant'' and ''immigrant's'' for ''alien'' and ''alien's'',
respectively, wherever appearing.
Subsec. (j)(1)(D). Pub. L. 102-232, Sec. 309(b)(7), substituted
''United States Information Agency'' for ''International
Communication Agency''.
Subsec. (j)(2). Pub. L. 102-232, Sec. 303(a)(5)(B), added par.
(2) and struck out former par. (2) which related to inapplicability
of par. (1)(A) and (B)(ii)(I) requirements between effective date
of subsec. and Dec. 31, 1983.
Subsec. (j)(3). Pub. L. 102-232, Sec. 309(b)(7), substituted
''United States Information Agency'' for ''International
Communication Agency''.
Subsec. (m)(2)(A). Pub. L. 102-232, Sec. 302(e)(9), inserted,
after first sentence of closing provisions, sentence relating to
attestation that facility will not replace nurse with nonimmigrant
for period of one year after layoff.
Subsec. (n)(1). Pub. L. 102-232, Sec. 303(a)(7)(B)(ii), (iii),
redesignated matter after first sentence of subpar. (D) as closing
provisions of par. (1), substituted ''(and such accompanying
documents as are necessary)'' for ''(and accompanying
documentation)'', and inserted last two sentences providing for
review and certification by Secretary of Labor.
Subsec. (n)(1)(A)(i). Pub. L. 102-232, Sec. 303(a)(7)(B)(i), as
amended by Pub. L. 103-416, Sec. 219(z)(1), in introductory
provisions substituted ''admitted or provided status as a
nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this
title'' for ''and to other individuals employed in the occupational
classification and in the area of employment'', in closing
provisions substituted ''based on the best information available''
for ''determined'', and amended subcl. (I) generally. Prior to
amendment, subcl. (I) read as follows: ''the actual wage level for
the occupational classification at the place of employment, or''.
Subsec. (n)(1)(A)(ii). Pub. L. 102-232, Sec. 303(a)(6),
substituted ''for such a nonimmigrant'' for ''for such aliens''.
Subsec. (n)(1)(D). Pub. L. 102-232, Sec. 303(a)(7)(B)(iii),
redesignated matter after first sentence as closing provisions of
par. (1).
Subsec. (n)(2)(C). Pub. L. 102-232, Sec. 303(a)(7)(B)(iv),
substituted ''of paragraph (1)(B), a substantial failure to meet a
condition of paragraphs (1)(C) or (1)(D), a willful failure to meet
a condition of paragraph (1)(A), or a misrepresentation'' for ''(or
a substantial failure in the case of a condition described in
subparagraph (C) or (D) of paragraph (1)) or misrepresentation''.
Subsec. (n)(2)(D). Pub. L. 102-232, Sec. 303(a)(7)(B)(v), (vi),
substituted ''If'' for ''In addition to the sanctions provided
under subparagraph (C), if'' and inserted before period at end '',
whether or not a penalty under subparagraph (C) has been imposed''.
1990 - Subsec. (a). Pub. L. 101-649, Sec. 601(a), amended subsec.
(a) generally, decreasing number of classes of excludable aliens
from 34 to 9 by broadening descriptions of such classes.
Pub. L. 101-649, Sec. 514(a), as amended by Pub. L. 102-232, Sec.
306(a)(12), substituted ''20 years'' for ''ten years'' in par.
(17).
Pub. L. 101-649, Sec. 162(e)(1), which provided that par. (5) is
amended in subpar. (A), by striking ''Any alien who seeks to enter
the United States for the purpose of performing skilled or
unskilled labor'' and inserting ''Any alien who seeks admission or
status as an immigrant under paragraph (2) or (3) of section
1153(b) of this title, in subpar. (B), by inserting ''who seeks
admission or status as an immigrant under paragraph (2) or (3) of
section 1153(b) of this title'' after ''An alien'' the first place
it appears, and by striking subpar. (C), was repealed by Pub. L.
102-232, Sec. 302(e)(6). See Construction of 1990 Amendment note
below.
Pub. L. 101-246, Sec. 131(a), added par. (34) which read as
follows: ''Any alien who has committed in the United States any
serious criminal offense, as defined in section 1101(h) of this
title, for whom immunity from criminal jurisdiction was exercised
with respect to that offense, who as a consequence of the offense
and the exercise of immunity has departed the United States, and
who has not subsequently submitted fully to the jurisdiction of the
court in the United States with jurisdiction over the offense.''
Subsec. (b). Pub. L. 101-649, Sec. 601(b), added subsec. (b) and
struck out former subsec. (b) which related to nonapplicability of
subsec. (a)(25).
Subsec. (c). Pub. L. 101-649, Sec. 601(d)(1), substituted
''subsection (a) of this section (other than subparagraphs (A),
(B), (C), or (E) of paragraph (3))'' for ''paragraph (1) through
(25) and paragraphs (30) and (31) of subsection (a) of this
section''.
Pub. L. 101-649, Sec. 511(a), inserted at end ''The first
sentence of this subsection shall not apply to an alien who has
been convicted of an aggravated felony and has served a term of
imprisonment of at least 5 years.''
Subsec. (d)(1), (2). Pub. L. 101-649, Sec. 601(d)(2)(A), struck
out pars. (1) and (2) which related to applicability of subsec.
(a)(11), (25), and (28).
Subsec. (d)(3). Pub. L. 101-649, Sec. 601(d)(2)(B), substituted
''under subsection (a) of this section (other than paragraphs
(3)(A), (3)(C), and (3)(D) of such subsection)'' for ''under one or
more of the paragraphs enumerated in subsection (a) of this section
(other than paragraphs (27), (29), and (33))'' wherever appearing,
and inserted at end ''The Attorney General shall prescribe
conditions, including exaction of such bonds as may be necessary,
to control and regulate the admission and return of excludable
aliens applying for temporary admission under this paragraph.''
Subsec. (d)(4). Pub. L. 101-649, Sec. 601(d)(2)(C), substituted
''(7)(B)(i)'' for ''(26)''.
Subsec. (d)(5)(A). Pub. L. 101-649, Sec. 202(b), inserted ''or in
section 1184(f) of this title'' after ''except as provided in
subparagraph (B)''.
Subsec. (d)(6). Pub. L. 101-649, Sec. 601(d)(2)(A), struck out
par. (6) which directed that Attorney General prescribe conditions
to control excludable aliens applying for temporary admission.
Subsec. (d)(7). Pub. L. 101-649, Sec. 601(d)(2)(D), substituted
''(other than paragraph (7))'' for ''of this section, except
paragraphs (20), (21), and (26),''.
Subsec. (d)(8). Pub. L. 101-649, Sec. 601(d)(2)(E), substituted
''(3)(A), (3)(B), (3)(C), and (7)(B)'' for ''(26), (27), and
(29)''.
Subsec. (d)(9), (10). Pub. L. 101-649, Sec. 601(d)(2)(A), struck
out pars. (9) and (10) which related to applicability of pars. (7)
and (15), respectively, of subsec. (a).
Subsec. (d)(11). Pub. L. 101-649, Sec. 601(d)(2)(F), added par.
(11).
Subsec. (g). Pub. L. 101-649, Sec. 601(d)(3), amended subsec. (g)
generally, substituting provisions relating to waiver of
application for provisions relating to admission of mentally
retarded, tubercular, and mentally ill aliens.
Subsec. (h). Pub. L. 101-649, Sec. 601(d)(4), amended subsec. (h)
generally, substituting provisions relating to waiver of certain
subsec. (a)(2) provisions for provisions relating to
nonapplicability of subsec. (a)(9), (10), (12), (23), and (34).
Pub. L. 101-246, Sec. 131(c), substituted ''(12), or (34)'' for
''or (12)''.
Subsec. (i). Pub. L. 101-649, Sec. 601(d)(5), amended subsec. (i)
generally, substituting provisions relating to waiver of subsec.
(a)(6)(C)(i) of this section for provisions relating to admission
of alien spouse, parent or child excludable for fraud.
Subsec. (k). Pub. L. 101-649, Sec. 601(d)(6), substituted
''paragraph (5)(A) or (7)(A)(i)'' for ''paragraph (14), (20), or
(21)''.
Subsec. (l). Pub. L. 101-649, Sec. 601(d)(7), substituted
''paragraph (7)(B)(i)'' for ''paragraph (26)(B)''.
Subsec. (m)(2)(A). Pub. L. 101-649, Sec. 162(f)(2)(B), in opening
provision, struck out '', with respect to a facility for which an
alien will perform services,'' before ''is an attestation, in cl.
(iii) inserted ''employed by the facility'' after ''The alien'',
and inserted at end ''In the case of an alien for whom an employer
has filed an attestation under this subparagraph and who is
performing services at a worksite other than the employer's or
other than a worksite controlled by the employer, the Secretary may
waive such requirements for the attestation for the worksite as may
be appropriate in order to avoid duplicative attestations, in cases
of temporary, emergency circumstances, with respect to information
not within the knowledge of the attestor, or for other good
cause.''
Subsec. (n). Pub. L. 101-649, Sec. 205(c)(3), added subsec. (n).
1989 - Subsec. (m). Pub. L. 101-238 added subsec. (m).
1988 - Subsec. (a)(17). Pub. L. 100-690 inserted ''(or within ten
years in the case of an alien convicted of an aggravated felony)''
after ''within five years''.
Subsec. (a)(19). Pub. L. 100-525, Sec. 7(c)(1), made technical
correction to directory language of Pub. L. 99-639, Sec. 6(a). See
1986 Amendment note below.
Subsec. (a)(32). Pub. L. 100-525, Sec. 9(i)(1), substituted
''Secretary of Education'' for ''Commissioner of Education'' and
''Secretary of Health and Human Services'' for ''Secretary of
Health, Education, and Welfare''.
Subsec. (d)(4). Pub. L. 100-525, Sec. 8(f), added Pub. L. 99-653,
Sec. 7(d)(2). See 1986 Amendment note below.
Subsec. (e). Pub. L. 100-525, Sec. 9(i)(2), substituted
''Director of the United States Information Agency'' for
''Secretary of State'' the first place appearing, and ''Director''
for ''Secretary of State'' each subsequent place appearing.
Subsec. (g). Pub. L. 100-525, Sec. 9(i)(3), substituted
''Secretary of Health and Human Services'' for ''Surgeon General of
the United States Public Health Service'' wherever appearing.
Subsec. (h). Pub. L. 100-525, Sec. 9(i)(4), substituted
''paragraph (9)'' for ''paragraphs (9)''.
Subsec. (i). Pub. L. 100-525, Sec. 7(c)(3), added Pub. L. 99-639,
Sec. 6(b). See 1986 Amendment note below.
Subsec. (l). Pub. L. 100-525, Sec. 3(1)(A), made technical
correction to Pub. L. 99-396, Sec. 14(a). See 1986 Amendment note
below.
1987 - Subsec. (a)(23). Pub. L. 100-204 amended par. (23)
generally. Prior to amendment, par. (23) read as follows: ''Any
alien who has been convicted of a violation of, or a conspiracy to
violate, any law or regulation of a State, the United States, or a
foreign country relating to a controlled substance (as defined in
section 802 of title 21); or any alien who the consular officer or
immigration officer know or have reason to believe is or has been
an illicit trafficker in any such controlled substance;''.
1986 - Subsec. (a)(19). Pub. L. 99-639, Sec. 6(a), as amended by
Pub. L. 100-525, Sec. 7(c)(1), amended par. (19) generally. Prior
to amendment, par. (19) read as follows: ''Any alien who seeks to
procure, or has sought to procure, or has procured a visa or other
documentation, or seeks to enter the United States, by fraud, or by
willfully misrepresenting a material fact;''.
Subsec. (a)(23). Pub. L. 99-570 substituted ''any law or
regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 802 of
title 21)'' for ''any law or regulation relating to the illicit
possession of or traffic in narcotic drugs or marihuana, or who has
been convicted of a violation of, or a conspiracy to violate, any
law or regulation governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, exchange,
dispensing, giving away, importation, exportation, or the
possession for the purpose of the manufacture, production,
compounding, transportation, sale, exchange, dispensing, giving
away, importation, or exportation of opium, coca leaves, heroin,
marihuana, or any salt derivative, or preparation of opium or coca
leaves, or isonipecaine or any addiction-forming or
addiction-sustaining opiate'' and ''any such controlled substance''
for ''any of the aforementioned drugs''.
Subsec. (a)(24). Pub. L. 99-653 struck out par. (24) which
related to aliens seeking admission from foreign contiguous
territory or adjacent islands who arrived there on vessel or
aircraft of nonsignatory line or noncomplying transportation line
and have not resided there at least two years subsequent to such
arrival, except for aliens described in section 1101(a)(27)(A) of
this title and aliens born in Western Hemisphere, and further
provided that no paragraph following par. (24) shall be
redesignated as result of this amendment.
Subsec. (d)(4). Pub. L. 99-653, Sec. 7(d)(2), as added by Pub. L.
100-525, Sec. 8(f), substituted ''section 1228(c) of this title''
for ''section 1228(d) of this title''.
Subsec. (i). Pub. L. 99-639, Sec. 6(b), as added by Pub. L.
100-525, Sec. 7(c)(3), inserted ''or other benefit under this
chapter'' after ''United States,''.
Subsec. (l). Pub. L. 99-396, Sec. 14(a), as amended by Pub. L.
100-525, Sec. 3(1)(A), amended subsec. (l) generally, designating
existing provisions as par. (1) and redesignating former pars. (1)
and (2) as subpars. (A) and (B), respectively, inserting in par.
(1) as so designated reference to consultation with the Governor of
Guam, inserting in subpar. (B) as so redesignated reference to the
welfare, safety, and security of the territories and commonwealths
of the United States, and adding pars. (2) and (3).
1984 - Subsec. (a)(9). Pub. L. 98-473 amended last sentence
generally. Prior to amendment, last sentence read as follows:
''Any alien who would be excludable because of a conviction of a
misdemeanor classifiable as a petty offense under the provisions of
section 1(3) of title 18, by reason of the punishment actually
imposed, or who would be excludable as one who admits the
commission of an offense that is classifiable as a misdemeanor
under the provisions of section 1(2) of title 18, by reason of the
punishment which might have been imposed upon him, may be granted a
visa and admitted to the United States if otherwise admissible:
Provided, That the alien has committed only one such offense, or
admits the commission of acts which constitute the essential
elements of only one such offense;''.
Subsec. (l). Pub. L. 98-454 added subsec. (l).
1981 - Subsec. (a)(17). Pub. L. 97-116, Sec. 4(1), inserted ''and
who seek admission within five years of the date of such
deportation or removal,'' after ''section 1252(b) of this title,''.
Subsec. (a)(32). Pub. L. 97-116, Sec. 5(a)(1), 18(e)(1),
substituted ''in the United States)'' for ''in the United States''
and inserted provision that for purposes of this paragraph an alien
who is a graduate of a medical school be considered to have passed
parts I and II of the National Board of Medical Examiners
examination if the alien was fully and permanently licensed to
practice medicine in a State on Jan. 9, 1978, and was practicing
medicine in a State on that date.
Subsec. (d)(6). Pub. L. 97-116, Sec. 4(2), struck out provision
that the Attorney General make a detailed report to Congress in any
case in which he exercises his authority under par. (3) of this
subsection on behalf of any alien excludable under subsec. (a)(9),
(10), and (28) of this section.
Subsec. (h). Pub. L. 97-116, Sec. 4(3), substituted ''paragraphs
(9), (10), or (12) of subsection (a) of this section or paragraph
(23) of such subsection as such paragraph relates to a single
offense of simple possession of 30 grams or less of marihuana'' for
''paragraphs (9), (10), or (12) of subsection (a) of this
section''.
Subsec. (j)(1). Pub. L. 97-116, Sec. 5(b)(1), inserted ''as
follows'' after ''training are''.
Subsec. (j)(1)(A). Pub. L. 97-116, Sec. 5(b)(3), (4), substituted
''Secretary of Education'' for ''Commissioner of Education'' and a
period for the semicolon at the end.
Subsec. (j)(1)(B). Pub. L. 97-116, Sec. 5(a)(2), (b)(3), (7)(A),
(B), substituted ''Secretary of Education'' for ''Commissioner of
Education'', ''(ii)(I)'' for ''(ii)'', and ''Secretary of Health
and Human Services'' for ''Secretary of Health, Education, and
Welfare''; inserted ''(II)'' before ''has competency'', ''(III)''
before ''will be able to adapt'', and ''(IV)'' before ''has
adequate prior education''; and inserted provision that for
purposes of this subparagraph an alien who is a graduate of a
medical school be considered to have passed parts I and II of the
National Board of Medical Examiners examination if the alien was
fully and permanently licensed to practice medicine in a State on
Jan. 9, 1978, and was practicing medicine in a State on that date.
Subsec. (j)(1)(C). Pub. L. 97-116, Sec. 5(b)(2)-(4), struck out
''(including any extension of the duration thereof under
subparagraph (D))'' after ''to the United States'' and substituted
''Secretary of Health and Human Services'' for ''Secretary of
Health, Education, and Welfare'' and a period for ''; and'' at end.
Subsec. (j)(1)(D). Pub. L. 97-116, Sec. 5(b)(5), substituted
provision permitting aliens coming to the United States to study in
medical residency training programs to remain until the typical
completion date of the program, as determined by the Director of
the International Communication Agency at the time of the alien's
entry, based on criteria established in coordination with the
Secretary of Health and Human Services, except that such duration
be limited to seven years unless the alien demonstrates to the
satisfaction of the Director that the country to which the alien
will return after such specialty education has exceptional need for
an individual trained in such specialty, and that the alien may
change enrollment in programs once within two years after coming to
the United States if approval of the Director is obtained and
further commitments are obtained from the alien to assure that,
upon completion of the program, the alien would return to his
country for provision limiting the duration of the alien's
participation in the program for which he is coming to the United
States to not more than 2 years, with a possible one year
extension.
Subsec. (j)(1)(E). Pub. L. 97-116, Sec. 5(b)(6), added subpar.
(E).
Subsec. (j)(2)(A). Pub. L. 97-116, Sec. 5(b)(7)(C)-(F),
substituted ''and (B)(ii)(I)'' for ''and (B)'' and ''1983'' for
''1981''; inserted ''(i) the Secretary of Health and Human Services
determines, on a case-by-case basis, that'' after ''if''; and added
cl. (ii).
Subsec. (j)(2)(B). Pub. L. 97-116, Sec. 5(b)(7)(G), inserted
provision directing Secretary of Health and Human Services, in
coordination with Attorney General and Director of the
International Communication Agency, to monitor the issuance of
waivers under subpar. (A) and the needs of the communities, with
respect to which such waivers are issued, to assure that quality
medical care is provided and to review each program with such a
waiver to assure that the plan described in subpar. (A)(ii) is
being carried out and that the participants in such program are
being provided appropriate supervision in their medical education
and training.
Subsec. (j)(2)(C). Pub. L. 97-116, Sec. 5(b)(7)(G), added subpar.
(C).
Subsec. (j)(3). Pub. L. 97-116, Sec. 5(b)(8), added par. (3).
Subsec. (k). Pub. L. 97-116, Sec. 18(e)(2), added subsec. (k).
1980 - Subsec. (a)(14), (32). Pub. L. 96-212, Sec. 203(d),
substituted ''1153(a)(7)'' for ''1153(a)(8)''.
Subsec. (d)(5). Pub. L. 96-212, Sec. 203(f), redesignated
existing provisions as subpar. (A), inserted provision excepting
subpar. (B), and added subpar. (B).
Subsec. (j)(2)(A). Pub. L. 96-538 substituted ''December 30,
1981'' for ''December 30, 1980''.
1979 - Subsec. (d)(9), (10). Pub. L. 96-70 added pars. (9) and
(10).
1978 - Subsec. (a)(33). Pub. L. 95-549, Sec. 101, added par.
(33).
Subsec. (d)(3). Pub. L. 95-549, Sec. 102, inserted reference to
par. (33) in parenthetical text.
1977 - Subsec. (a)(32). Pub. L. 95-83, Sec. 307(q)(1), inserted
''not accredited by a body or bodies approved for the purpose by
the Commissioner of Education (regardless of whether such school of
medicine is in the United States'' after ''graduates of a medical
school'' in first sentence and struck out second sentence exclusion
of aliens provision with respect to application to special
immigrants defined in section 1101(a)(27)(A) of this title (other
than the parents, spouses, or children of the United States
citizens or of aliens lawfully admitted for permanent residence).
Subsec. (j)(1)(B). Pub. L. 95-83, Sec. 307(q)(2)(A), inserted cl.
(i) and designated existing provisions as cl. (ii).
Subsec. (j)(1)(C). Pub. L. 95-83, Sec. 307(q)(2)(B), substituted
''that there is a need in that country for persons with the skills
the alien will acquire in such education or training'' for ''that
upon such completion and return, he will be appointed to a position
in which he will fully utilize the skills acquired in such
education or training in the government of that country or in an
educational or other appropriate institution or agency in that
country''.
Subsec. (j)(1)(D). Pub. L. 95-83, Sec. 307(q)(2)(C), substituted
''at the written request'' for ''at the request'', struck out cl.
''(i) such government provides a written assurance, satisfactory to
the Secretary of Health, Education, and Welfare, that the alien
will, at the end of such extension, be appointed to a position in
which he will fully utilize the skills acquired in such education
or training in the government of that country or in an educational
or other appropriate institution or agency in that country,'', and
redesignated as cls. (i) and (ii) former cls. (ii) and (iii).
Subsec. (j)(2)(A). Pub. L. 95-83, Sec. 307(q)(2)(D), substituted
''(A) and (B)'' for ''(A) through (D)''.
1976 - Subsec. (a)(14). Pub. L. 94-571, Sec. 5, in revising par.
(14), inserted in cl. (A) ''(or equally qualified in the case of
aliens who are members of the teaching profession or who have
exceptional ability in the sciences or the arts)'' and struck out
''in the United States'' after ''sufficient workers'' and
''destined'' before ''to perform'' and introductory provision of
last sentence making exclusion of aliens under par. (14) applicable
to special immigrants defined in former provision of section
1101(a)(27)(A) of this title (other than the parents, spouses, or
children of United States citizens or of aliens lawfully admitted
to the United States for permanent residence).
Subsec. (a)(24). Pub. L. 94-571, Sec. 7(d), substituted in
parenthetical text ''section 1101(a)(27)(A) of this title and
aliens born in the Western Hemisphere'' for ''section
1101(a)(27)(A) and (B) of this title''.
Subsec. (a)(32). Pub. L. 94-484, Sec. 601(a), added par. (32).
Subsec. (e). Pub. L. 94-484, Sec. 601(c), substituted ''(i)
whose'' for ''whose (i)'', and ''residence, (ii)'' for ''residence,
or (ii)'', inserted ''or (iii) who came to the United States or
acquired such status in order to receive graduate medical education
or training,'' before ''shall be eligible'', and inserted '',
except in the case of an alien described in clause (iii),'' in
second proviso.
Subsec. (j). Pub. L. 94-484, Sec. 601(d), added subsec. (j).
1970 - Subsec. (e). Pub. L. 91-225 inserted cls. (i) and (ii) and
reference to eligibility for nonimmigrant visa under section
1101(a)(15)(L) of this title, provided for waiver of requirement of
two-year foreign residence abroad where alien cannot return to the
country of his nationality or last residence because he would be
subject to persecution on account of race, religion, or political
opinion or where the foreign country of alien's nationality or last
residence has furnished a written statement that it has no
objection to such waiver for such alien, and struck out alternative
provision for residence and physical presence in another foreign
country and former first and final provisos which read as follows:
''Provided, That such residence in another foreign country shall be
considered to have satisfied the requirements of this subsection if
the Secretary of State determines that it has served the purpose
and the intent of the Mutual Educational and Cultural Exchange Act
of 1961'' and ''And provided further, That the provisions of this
subchapter shall apply also to those persons who acquired exchange
visitor status under the United States Information and Educational
Exchange Act of 1948, as amended.''
1965 - Subsec. (a)(1). Pub. L. 89-236, Sec. 15(a), substituted
''mentally retarded'' for ''feebleminded''.
Subsec. (a)(4). Pub. L. 89-236, Sec. 15(b), substituted ''or
sexual deviation'' for ''epilepsy''.
Subsec. (a)(14). Pub. L. 89-236, Sec. 10(a), inserted requirement
that Secretary of Labor make an affirmative finding that any alien
seeking to enter the United States as a worker, skilled or
otherwise, will not replace a worker in the United States nor will
the employment of the alien adversely affect the wages and working
conditions of individuals in the United States similarly employed,
and made the requirement applicable to special immigrants (other
than the parents, spouses, and minor children of U.S. citizens or
permanent resident aliens), preference immigrants described in
sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference
immigrants.
Subsec. (a)(20). Pub. L. 89-236, Sec. 10(b), substituted
''1181(a)'' for ''1181(e)''.
Subsec. (a)(21). Pub. L. 89-236, Sec. 10(c), struck out ''quota''
before ''immigrant''.
Subsec. (a)(24). Pub. L. 89-236, Sec. 10(d), substituted ''other
than aliens described in section 1101(a)(27)(A) and (B)'' for
''other than those aliens who are nativeborn citizens of countries
enumerated in section 1101(a)(27) of this title and aliens
described in section 1101(a)(27)(B) of this title''.
Subsec. (g). Pub. L. 89-236, Sec. 15(c), redesignated subsec. (f)
of sec. 212 of the Immigration and Nationality Act as subsec. (g)
thereof, which for purposes of codification had already been
designated as subsec. (g) of this section and granted the Attorney
General authority to admit any alien who is the spouse, unmarried
son or daughter, minor adopted child, or parent of a citizen or
lawful permanent resident and who is mentally retarded or has a
past history of mental illness under the same conditions as
authorized in the case of such close relatives afflicted with
tuberculosis.
Subsecs. (h), (i). Pub. L. 89-236, Sec. 15(c), redesignated
subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality
Act as subsecs. (h) and (i) respectively thereof, which for
purposes of codification had already been designated as subsecs.
(h) and (i) of this section.
1961 - Subsec. (a)(6). Pub. L. 87-301, Sec. 11, struck out
references to tuberculosis and leprosy.
Subsec. (a)(9). Pub. L. 87-301, Sec. 13, authorized admission of
aliens who would be excluded because of conviction of a violation
classifiable as an offense under section 1(3) of title 18, by
reason of punishment actually imposed, or who admit commission of
an offense classifiable as a misdemeanor under section 1(2) of
title 18, by reason of punishment which might have been imposed, if
otherwise admissible and provided the alien has committed, or
admits to commission of, only one such offense.
Subsecs. (e), (f). Pub. L. 87-256 added subsec. (e) and
redesignated former subsec. (e) as (f).
Subsecs. (g) to (i). Pub. L. 87-301, Sec. 12, 14, 15, added
subsecs. (f) to (h), which for purposes of codification have been
designated as subsecs. (g) to (i).
1960 - Subsec. (a). Pub. L. 86-648 inserted ''or marihuana''
after ''narcotic drugs'' in cl. (23).
1959 - Subsec. (d). Pub. L. 86-3 struck out provisions from cl.
(7) which related to aliens who left Hawaii and to persons who were
admitted to Hawaii under section 8(a)(1) of the act of March 24,
1934, or as nationals of the United States.
1958 - Subsec. (d)(7). Pub. L. 85-508 struck out provisions which
related to aliens who left Alaska.
1956 - Subsec. (a)(23). Act July 18, 1956, included conspiracy to
violate a narcotic law, and the illicit possession of narcotics, as
additional grounds for exclusion.
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC4-
EFFECTIVE AND TERMINATION DATES OF 1998 AMENDMENTS
Pub. L. 105-292, title VI, Sec. 604(b), Oct. 27, 1998, 112 Stat.
2814, provided that: ''The amendment made by subsection (a)
(amending this section) shall apply to aliens seeking to enter the
United States on or after the date of the enactment of this Act
(Oct. 27, 1998).''
Pub. L. 105-277, div. C, title IV, Sec. 412(d), Oct. 21, 1998,
112 Stat. 2681-645, provided that: ''The amendments made by
subsection (a) (amending this section) apply to applications filed
under section 212(n)(1) of the Immigration and Nationality Act
(subsec. (n)(1) of this section) on or after the date final
regulations are issued to carry out such amendments, and the
amendments made by subsections (b) and (c) (amending this section)
take effect on the date of the enactment of this Act (Oct. 21,
1998).''
Pub. L. 105-277, div. C, title IV, Sec. 413(e)(2), Oct. 21,
1998, 112 Stat. 2681-651, provided that: ''The amendment made by
paragraph (1) (amending this section) shall cease to be effective
on September 30, 2001.''
Pub. L. 105-277, div. C, title IV, Sec. 415(b), Oct. 21, 1998,
112 Stat. 2681-655, provided that: ''The amendment made by
subsection (a) (amending this section) applies to prevailing wage
computations made -
''(1) for applications filed on or after the date of the
enactment of this Act (Oct. 21, 1998); and
''(2) for applications filed before such date, but only to the
extent that the computation is subject to an administrative or
judicial determination that is not final as of such date.''
Pub. L. 105-277, div. C, title IV, Sec. 431(b), Oct. 21, 1998,
112 Stat. 2681-658, provided that: ''The amendment made by
subsection (a) (amending this section) shall apply to activities
occurring on or after the date of the enactment of this Act (Oct.
21, 1998).''
Pub. L. 105-277, div. G, title XXII, Sec. 2226(b), Oct. 21,
1998, 112 Stat. 2681-821, provided that: ''The amendment made by
subsection (a) (amending this section) shall apply to aliens
seeking admission to the United States on or after the date of
enactment of this Act (Oct. 21, 1998).''
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 301(b)(3) of title III of div. C of Pub. L. 104-208
provided that: ''In applying section 212(a)(9)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)), as
inserted by paragraph (1), no period before the title III-A
effective date (see section 309 of Pub. L. 104-208, set out as a
note under section 1101 of this title) shall be included in a
period of unlawful presence in the United States.''
Section 301(c)(2) of title III of div. C of Pub. L. 104-208
provided that: ''The requirements of subclauses (II) and (III) of
section 212(a)(6)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(A)(ii)(II), (III)), as inserted by paragraph (1),
shall not apply to an alien who demonstrates that the alien first
arrived in the United States before the title III-A effective date
(described in section 309(a) of this division (set out as a note
under section 1101 of this title)).''
Section 306(d) of div. C of Pub. L. 104-208 provided that the
amendment made by that section is effective as if included in the
enactment of Pub. L. 104-132.
Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d),
and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6),
(f)(1)(C)-(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of
Pub. L. 104-208 effective on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, with certain
transitional provisions, including authority for Attorney General
to waive application of subsec. (a)(9) of this section in case of
an alien provided benefits under section 301 of Pub. L. 101-649,
set out as a note under section 1255a of this title, and including
provision that no period of time before Sept. 30, 1996, be included
in the period of 1 year described in subsec. (a)(6)(B)(i) of this
section, see section 309 of Pub. L. 104-208, set out as a note
under section 1101 of this title.
Amendment by section 322(a) of Pub. L. 104-208 applicable to
convictions and sentences entered before, on, or after Sept. 30,
1996, see section 322(c) of Pub. L. 104-208, set out as a note
under section 1101 of this title.
Section 341(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by this section (amending this section) shall apply
with respect to applications for immigrant visas or for adjustment
of status filed after September 30, 1996.''
Section 342(b) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by subsection (a) (amending this section) shall
take effect on the date of the enactment of this Act (Sept. 30,
1996) and shall apply to incitement regardless of when it occurs.''
Section 344(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by this section (amending this section and section
1251 (now 1227) of this title) shall apply to representations made
on or after the date of the enactment of this Act (Sept. 30,
1996).''
Section 346(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall
apply to aliens who obtain the status of a nonimmigrant under
section 101(a)(15)(F) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(F)) after the end of the 60-day period beginning
on the date of the enactment of this Act (Sept. 30, 1996),
including aliens whose status as such a nonimmigrant is extended
after the end of such period.''
Section 347(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by this section (amending this section and section
1251 of this title) shall apply to voting occurring before, on, or
after the date of the enactment of this Act (Sept. 30, 1996).''
Section 348(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall be
effective on the date of the enactment of this Act (Sept. 30, 1996)
and shall apply in the case of any alien who is in exclusion or
deportation proceedings as of such date unless a final
administrative order in such proceedings has been entered as of
such date.''
Section 351(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by this section (amending this section and section
1251 of this title) shall apply to applications for waivers filed
before, on, or after the date of the enactment of this Act (Sept.
30, 1996), but shall not apply to such an application for which a
final determination has been made as of the date of the enactment
of this Act.''
Section 352(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall
apply to individuals who renounce United States citizenship on and
after the date of the enactment of this Act (Sept. 30, 1996).''
Section 358 of title III of div. C of Pub. L. 104-208 provided
that: ''The amendments made by this subtitle (subtitle D (Sec.
354-358) of title III of div. C of Pub. L. 104-208, amending this
section and sections 1189, 1531, 1532, 1534, and 1535 of this
title) shall be effective as if included in the enactment of
subtitle A of title IV of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132).''
Section 531(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall
apply to applications submitted on or after such date, not earlier
than 30 days and not later than 60 days after the date the Attorney
General promulgates under section 551(c)(2) of this division (set
out as a note under section 1183a of this title) a standard form
for an affidavit of support, as the Attorney General shall specify,
but subparagraphs (C) and (D) of section 212(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C), (D)), as
so amended, shall not apply to applications with respect to which
an official interview with an immigration officer was conducted
before such effective date.''
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENTS
Section 203(c) of Pub. L. 103-416 provided that: ''The amendments
made by this section (amending this section and section 1251 of
this title) shall apply to convictions occurring before, on, or
after the date of the enactment of this Act (Oct. 25, 1994).''
Amendment by section 219(e) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 219(dd) of Pub. L. 103-416, set out as an
Effective Date of 1994 Amendment note under section 1101 of this
title.
Section 219(z) of Pub. L. 103-416 provided that the amendment
made by subsec. (z)(1), (5) of that section is effective as if
included in the Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991, Pub. L. 102-232.
Section 220(c) of Pub. L. 103-416, as amended by Pub. L. 104-208,
div. C, title VI, Sec. 622(a), Sept. 30, 1996, 110 Stat. 3009-695,
provided that: ''The amendments made by this section (amending this
section and section 1184 of this title) shall apply to aliens
admitted to the United States under section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), or
acquiring such status after admission to the United States, before,
on, or after the date of enactment of this Act (Oct. 25, 1994) and
before June 1, 2002.''
Section 506(c) of Pub. L. 103-317, as amended by Pub. L. 105-46,
Sec. 123, Sept. 30, 1997, 111 Stat. 1158; Pub. L. 105-119, title I,
Sec. 111(b), Nov. 26, 1997, 111 Stat. 2458, provided that: ''The
amendment made by subsection (a) (amending this section) shall take
effect on October 1, 1994, and shall cease to have effect on
October 1, 1997. The amendment made by subsection (b) (amending
section 1255 of this title) shall take effect on October 1, 1994.''
Pub. L. 105-46, Sec. 123, Sept. 30, 1997, 111 Stat. 1158, which
directed the amendment of section 506(c) of Pub. L. 103-317, set
out above, by striking ''September 30, 1997'' and inserting
''October 23, 1997'' was probably intended by Congress to extend
the termination date ''October 1, 1997'' to ''October 23, 1997''.
For further temporary extensions of the October 23, 1997
termination date, see list of continuing appropriations acts
contained in a Continuing Appropriations for Fiscal Year 1998 note
set out under section 635f of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 2007(b) of Pub. L. 103-43 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect 30
days after the date of the enactment of this Act (June 10, 1993).''
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(e)(6), 303(a)(5)(B), (6), (7)(B),
306(a)(10), (12), 307(a)-(g) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note
under section 1101 of this title.
Section 302(e)(9) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in the Immigration
Nursing Relief Act of 1989, Pub. L. 101-238.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 162(e)(1) of Pub. L. 101-649 effective Oct.
1, 1991, and applicable beginning with fiscal year 1992, with
general transition provisions and admissibility standards, see
section 161(a), (c), (d) of Pub. L. 101-649, set out as a note
under section 1101 of this title.
Amendment by section 162(f)(2)(B) of Pub. L. 101-649 applicable
as though included in the enactment of Pub. L. 101-238, see section
162(f)(3) of Pub. L. 101-649, set out as a note under section 1101
of this title.
Section 202(c) of Pub. L. 101-649 provided that: ''The amendments
made by this section (amending this section and section 1184 of
this title) shall take effect 60 days after the date of the
enactment of this Act (Nov. 29, 1990).''
Amendment by section 205(c)(3) of Pub. L. 101-649 effective Oct.
1, 1991, see section 231 of Pub. L. 101-649, set out as a note
under section 1101 of this title.
Section 511(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to
admissions occurring after the date of the enactment of this Act
(Nov. 29, 1990).''
Section 514(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to
admissions occurring on or after January 1, 1991.''
Amendment by section 601(a), (b), and (d) of Pub. L. 101-649
applicable to individuals entering United States on or after June
1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a
note under section 1101 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 3(d) of Pub. L. 101-238 provided that: ''The amendments
made by the previous provisions of this section (amending this
section and section 1101 of this title) shall apply to
classification petitions filed for nonimmigrant status only during
the 5-year period beginning on the first day of the 9th month
beginning after the date of the enactment of this Act (Dec. 18,
1989).''
EFFECTIVE DATE OF 1988 AMENDMENTS
Section 7349(b) of Pub. L. 100-690 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to any
alien convicted of an aggravated felony who seeks admission to the
United States on or after the date of the enactment of this Act
(Nov. 18, 1988).''
Section 3 of Pub. L. 100-525 provided that the amendment made by
that section is effective as if included in the enactment of Pub.
L. 99-396.
Section 7(d) of Pub. L. 100-525 provided that: ''The amendments
made by this section (amending this section, sections 1186a and
1255 of this title, and provisions set out as a note below) shall
be effective as if they were included in the enactment of the
Immigration Marriage Fraud Amendments of 1986 (Pub. L. 99-639).''
Amendment by section 8(f) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
L. 102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-653 applicable to visas issued, and
admissions occurring, on or after Nov. 14, 1986, see section 23(a)
of Pub. L. 99-653, set out as a note under section 1101 of this
title.
Section 6(c), formerly 6(b), of Pub. L. 99-639, as redesignated
and amended by Pub. L. 100-525, Sec. 7(c)(2), Oct. 24, 1988, 102
Stat. 2616, provided that: ''The amendment made by this section
(amending this section) shall apply to the receipt of visas by, and
the admission of, aliens occurring after the date of the enactment
of this Act (Nov. 10, 1986) based on fraud or misrepresentations
occurring before, on, or after such date.''
Section 1751(c) of Pub. L. 99-570 provided that: ''The amendments
made by the (sic) subsections (a) and (b) of this section (amending
this section and section 1251 of this title) shall apply to
convictions occurring before, on, or after the date of the
enactment of this section (Oct. 27, 1986), and the amendments made
by subsection (a) (amending this section) shall apply to aliens
entering the United States after the date of the enactment of this
section.''
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 5(c) of Pub. L. 97-116 provided that: ''The amendments
made by paragraphs (2), (5), and (6) of subsection (b) (striking
out ''including any extension of the duration thereof under
subparagraph (D)'' in subsec. (j)(1)(C) of this section, amending
subsec. (j)(1)(D) of this section, and enacting subsec. (j)(1)(E)
of this section) shall apply to aliens entering the United States
as exchange visitors (or otherwise acquiring exchange visitor
status) on or after January 10, 1978.''
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, except as
provided by section 5(c) of Pub. L. 97-116, see section 21(a) of
Pub. L. 97-116, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 203(d) of Pub. L. 96-212 effective, except
as otherwise provided, Apr. 1, 1980, and amendment by section
203(f) of Pub. L. 96-212 applicable, except as otherwise provided,
to aliens paroled into the United States on or after the sixtieth
day after Mar. 17, 1980, see section 204 of Pub. L. 96-212, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Sept. 27, 1979, see section
3201(d)(1) of Pub. L. 96-70, set out as a note under section 1101
of this title.
Section 3201(d)(2) of Pub. L. 96-70 provided that: ''Paragraph
(9) of section 212(d) of the Immigration and Nationality Act
(subsec. (d)(9) of this section), as added by subsection (b) of
this section, shall cease to be effective at the end of the
transition period (midnight Mar. 31, 1982, see section 2101 of Pub.
L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly
classified to section 3831 of Title 22, Foreign Relations and
Intercourse).''
EFFECTIVE DATE OF 1976 AMENDMENTS
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
Amendment by section 601(d) of Pub. L. 94-484 applicable only on
and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L.
94-484, see section 602(d) of Pub. L. 94-484, as added by section
307(q)(3) of Pub. L. 95-83, set out as an Effective Date of 1977
Amendment note under section 1101 of this title.
Section 601(f) of Pub. L. 94-484 provided that: ''The amendments
made by this section (amending this section and section 1101 of
this title) shall take effect ninety days after the date of
enactment of this section (Oct. 12, 1976).''
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236 see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 18, 1956, effective July 19, 1956, see
section 401 of act July 18, 1956.
CONSTRUCTION OF 1990 AMENDMENT
Section 302(e)(6) of Pub. L. 102-232 provided that: ''Paragraph
(1) of section 162(e) of the Immigration Act of 1990 (Pub. L.
101-649, amending this section) is repealed, and the provisions of
law amended by such paragraph are restored as though such paragraph
had not been enacted.''
REGULATIONS
Pub. L. 105-277, div. C, title IV, Sec. 412(e), Oct. 21, 1998,
112 Stat. 2681-645, provided that: ''In first promulgating
regulations to implement the amendments made by this section
(amending this section) in a timely manner, the Secretary of Labor
and the Attorney General may reduce to not less than 30 days the
period of public comment on proposed regulations.''
Section 124(b)(2) of div. C of Pub. L. 104-208 provided that:
''The Attorney General shall first issue, in proposed form,
regulations referred to in the second sentence of section 212(f) of
the Immigration and Nationality Act (8 U.S.C. 1182(f)), as added by
the amendment made by paragraph (1), not later than 90 days after
the date of the enactment of this Act (Sept. 30, 1996).''
EXTENSION OF AUTHORIZED PERIOD OF STAY FOR CERTAIN NURSES
Pub. L. 104-302, Sec. 1, Oct. 11, 1996, 110 Stat. 3656, provided
that:
''(a) Aliens Who Previously Entered the United States Pursuant to
an H-1A Visa. -
''(1) In general. - Notwithstanding any other provision of law,
the authorized period of stay in the United States of any
nonimmigrant described in paragraph (2) is hereby extended
through September 30, 1997.
''(2) Nonimmigrant described. - A nonimmigrant described in
this paragraph is a nonimmigrant -
''(A) who entered the United States as a nonimmigrant
described in section 101(a)(15)(H)(i)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(a));
''(B) who was within the United States on or after September
1, 1995, and who is within the United States on the date of the
enactment of this Act (Oct. 11, 1996); and
''(C) whose period of authorized stay has expired or would
expire before September 30, 1997 but for the provisions of this
section.
''(3) Limitations. - Nothing in this section may be construed
to extend the validity of any visa issued to a nonimmigrant
described in section 101(a)(15)(H)(i)(a) of the Immigration and
Nationality Act or to authorize the re-entry of any person
outside the United States on the date of the enactment of this
Act.
''(b) Change of Employment. - A nonimmigrant whose authorized
period of stay is extended by operation of this section shall not
be eligible to change employers in accordance with section
214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this Act).
''(c) Regulations. - Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall issue regulations
to carry out the provisions of this section.
''(d) Interim Treatment. - A nonimmigrant whose authorized period
of stay is extended by operation of this section, and the spouse
and child of such nonimmigrant, shall be considered as having
continued to maintain lawful status as a nonimmigrant through
September 30, 1997.''
REFERENCES TO INADMISSIBLE DEEMED TO INCLUDE EXCLUDABLE AND
REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
AND DEPORTATION
For purposes of carrying out this chapter, any reference in
subsec. (a)(1)(A) of this section to ''inadmissible'' is deemed to
include a reference to ''excludable'', and any reference in law to
an order of removal is deemed to include a reference to an order of
exclusion and deportation or an order of deportation, see section
309(d) of Pub. L. 104-208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
ANNUAL REPORT ON ALIENS PAROLED INTO UNITED STATES
Section 602(b) of div. C of Pub. L. 104-208 provided that: ''Not
later than 90 days after the end of each fiscal year, the Attorney
General shall submit a report to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of
the Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5)). Each such report shall
provide the total number of aliens paroled into and residing in the
United States and shall contain information and data for each
country of origin concerning the number and categories of aliens
paroled, the duration of parole, the current status of aliens
paroled, and the number and categories of aliens returned to the
custody from which they were paroled during the preceding fiscal
year.''
ASSISTANCE TO DRUG TRAFFICKERS
Pub. L. 103-447, title I, Sec. 107, Nov. 2, 1994, 108 Stat. 4695,
provided that: ''The President shall take all reasonable steps
provided by law to ensure that the immediate relatives of any
individual described in section 487(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of any
such individual or of any entity described in such section, are not
permitted entry into the United States, consistent with the
provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).''
PROCESSING OF VISAS FOR ADMISSION TO UNITED STATES
Pub. L. 103-236, title I, Sec. 140(c), Apr. 30, 1994, 108 Stat.
399, as amended by Pub. L. 103-415, Sec. 1(d), Oct. 25, 1994, 108
Stat. 4299, provided that:
''(1)(A) Beginning 24 months after the date of the enactment of
this Act (Apr. 30, 1994), whenever a United States consular officer
issues a visa for admission to the United States, that official
shall certify, in writing, that a check of the Automated Visa
Lookout System, or any other system or list which maintains
information about the excludability of aliens under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), has been made and that
there is no basis under such system for the exclusion of such
alien.
''(B) If, at the time an alien applies for an immigrant or
nonimmigrant visa, the alien's name is included in the Department
of State's visa lookout system and the consular officer to whom the
application is made fails to follow the procedures in processing
the application required by the inclusion of the alien's name in
such system, the consular officer's failure shall be made a matter
of record and shall be considered as a serious negative factor in
the officer's annual performance evaluation.
''(2) If an alien to whom a visa was issued as a result of a
failure described in paragraph (1)(B) is admitted to the United
States and there is thereafter probable cause to believe that the
alien was a participant in a terrorist act causing serious injury,
loss of life, or significant destruction of property in the United
States, the Secretary of State shall convene an Accountability
Review Board under the authority of title III of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831
et seq.).''
ACCESS TO INTERSTATE IDENTIFICATION INDEX OF NATIONAL CRIME
INFORMATION CENTER; FINGERPRINT CHECKS
Pub. L. 103-236, title I, Sec. 140(d)-(g), Apr. 30, 1994, 108
Stat. 400, as amended by Pub. L. 103-317, title V, Sec. 505, Aug.
26, 1994, 108 Stat. 1765; Pub. L. 104-208, div. C, title VI, Sec.
671(g)(2), Sept. 30, 1996, 110 Stat. 3009-724; Pub. L. 105-119,
title I, Sec. 126, Nov. 26, 1997, 111 Stat. 2471, provided that:
''(d) Access to the Interstate Identification Index. -
''(1) Subject to paragraphs (2) and (3), the Department of
State Consolidated Immigrant Visa Processing Center shall have
on-line access, without payment of any fee or charge, to the
Interstate Identification Index of the National Crime Information
Center solely for the purpose of determining whether a visa
applicant has a criminal history record indexed in such Index.
Such access does not entitle the Department of State to obtain
the full content of automated records through the Interstate
Identification Index. To obtain the full content of a criminal
history record, the Department shall submit a separate request to
the Identification Records Section of the Federal Bureau of
Investigation, and shall pay the appropriate fee as provided for
in the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (Public
Law 101-162) (103 Stat. 988, 998).
''(2) The Department of State shall be responsible for all
one-time start-up and recurring incremental non-personnel costs
of establishing and maintaining the access authorized in
paragraph (1).
''(3) The individual primarily responsible for the day-to-day
implementation of paragraph (1) shall be an employee of the
Federal Bureau of Investigation selected by the Department of
State, and detailed to the Department on a fully reimbursable
basis.
''(e) Fingerprint Checks. -
''(1) Effective not later than March 31, 1995, the Secretary of
State shall in the ten countries with the highest volume of
immigrant visa issuance for the most recent fiscal year for which
data are available require the fingerprinting of applicants over
sixteen years of age for immigrant visas. The Department of
State shall submit records of such fingerprints to the Federal
Bureau of Investigation in order to ascertain whether such
applicants previously have been convicted of a felony under State
or Federal law in the United States, and shall pay all
appropriate fees.
''(2) The Secretary shall prescribe and publish such
regulations as may be necessary to implement the requirements of
this subsection, and to avoid undue processing costs and delays
for eligible immigrants and the United States Government.
''(f) Not later than December 31, 1996, the Secretary of State
and the Director of the Federal Bureau of Investigation shall
jointly submit to the Committee on Foreign Affairs (now Committee
on International Relations) and the Committee on the Judiciary of
the House of Representatives, and the Committee on Foreign
Relations and the Committee on the Judiciary of the Senate, a
report on the effectiveness of the procedures authorized in
subsections (d) and (e).
''(g) Subsections (d) and (e) shall cease to have effect after
May 1, 1998.''
VISA LOOKOUT SYSTEMS
Pub. L. 103-236, title I, Sec. 140(b), Apr. 30, 1994, 108 Stat.
399, provided that: ''Not later than 18 months after the date of
the enactment of this Act (Apr. 30, 1994), the Secretary of State
shall implement an upgrade of all overseas visa lookout operations
to computerized systems with automated multiple-name search
capabilities.''
Pub. L. 102-138, title I, Sec. 128, Oct. 28, 1991, 105 Stat. 660,
as amended by Pub. L. 104-208, div. C, title III, Sec.
308(d)(3)(C), Sept. 30, 1996, 110 Stat. 3009-617, provided that:
''(a) Visas. - The Secretary of State may not include in the
Automated Visa Lookout System, or in any other system or list which
maintains information about the inadmissibility of aliens under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the name
of any alien who is not inadmissible from the United States under
the Immigration and Nationality Act, subject to the provisions of
this section.
''(b) Correction of Lists. - Not later than 3 years after the
date of enactment of this Act (Oct. 28, 1991), the Secretary of
State shall -
''(1) correct the Automated Visa Lookout System, or any other
system or list which maintains information about the
inadmissibility of aliens under the Immigration and Nationality
Act, by deleting the name of any alien not inadmissible under the
Immigration and Nationality Act; and
''(2) report to the Congress concerning the completion of such
correction process.
''(c) Report on Correction Process. -
''(1) Not later than 90 days after the date of enactment of
this Act (Oct. 28, 1991), the Secretary of State, in coordination
with the heads of other appropriate Government agencies, shall
prepare and submit to the appropriate congressional committees, a
plan which sets forth the manner in which the Department of State
will correct the Automated Visa Lookout System, and any other
system or list as set forth in subsection (b).
''(2) Not later than 1 year after the date of enactment of this
Act (Oct. 28, 1991), the Secretary of State shall report to the
appropriate congressional committees on the progress made toward
completing the correction of lists as set forth in subsection
(b).
''(d) Application. - This section refers to the Immigration and
Nationality Act as in effect on and after June 1, 1991.
''(e) Limitation. -
''(1) The Secretary may add or retain in such system or list
the names of aliens who are not inadmissible only if they are
included for otherwise authorized law enforcement purposes or
other lawful purposes of the Department of State. A name included
for other lawful purposes under this paragraph shall include a
notation which clearly and distinctly indicates that such person
is not presently inadmissible. The Secretary of State shall
adopt procedures to ensure that visas are not denied to such
individuals for any reason not set forth in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
''(2) The Secretary shall publish in the Federal Register
regulations and standards concerning maintenance and use by the
Department of State of systems and lists for purposes described
in paragraph (1).
''(3) Nothing in this section may be construed as creating new
authority or expanding any existing authority for any activity
not otherwise authorized by law.
''(f) Definition. - As used in this section the term 'appropriate
congressional committees' means the Committee on the Judiciary and
the Committee on Foreign Affairs (now Committee on International
Relations) of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations of the Senate.''
CHANGES IN LABOR CERTIFICATION PROCESS
Section 122 of Pub. L. 101-649, as amended by Pub. L. 103-416,
title II, Sec. 219(ff), Oct. 25, 1995, 108 Stat. 4319, provided
that:
''((a) Repealed. Pub. L. 103-416, title II, Sec. 219(ff), Oct.
25, 1994, 108 Stat. 4319.)
''(b) Notice in Labor Certifications. - The Secretary of Labor
shall provide, in the labor certification process under section
212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)(A)), that -
''(1) no certification may be made unless the applicant for
certification has, at the time of filing the application,
provided notice of the filing (A) to the bargaining
representative (if any) of the employer's employees in the
occupational classification and area for which aliens are sought,
or (B) if there is no such bargaining representative, to
employees employed at the facility through posting in conspicuous
locations; and
''(2) any person may submit documentary evidence bearing on the
application for certification (such as information on available
workers, information on wages and working conditions, and
information on the employer's failure to meet terms and
conditions with respect to the employment of alien workers and
co-workers).''
REVIEW OF EXCLUSION LISTS
Section 601(c) of Pub. L. 101-649, as amended by Pub. L. 104-208,
div. C, title III, Sec. 308(d)(3)(B), (f)(1)(Q), Sept. 30, 1996,
110 Stat. 3009-617, 3009-621, provided that: ''The Attorney General
and the Secretary of State shall develop protocols and guidelines
for updating lookout books and the automated visa lookout system
and similar mechanisms for the screening of aliens applying for
visas for admission, or for admission, to the United States. Such
protocols and guidelines shall be developed in a manner that
ensures that in the case of an alien -
''(1) whose name is in such system, and
''(2) who either (A) applies for admission after the effective
date of the amendments made by this section (see Effective Date
of 1990 Amendment note above), or (B) requests (in writing to a
local consular office after such date) a review, without seeking
admission, of the alien's continued inadmissibility under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
if the alien is no longer inadmissible because of an amendment made
by this section the alien's name shall be removed from such books
and system and the alien shall be informed of such removal and if
the alien continues to be inadmissible the alien shall be informed
of such determination.''
IMPLEMENTATION OF REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES
DURING 5-YEAR PERIOD
Section 3(c) of Pub. L. 101-238 provided that: ''The Secretary of
Labor (in consultation with the Secretary of Health and Human
Services) shall -
''(1) first publish final regulations to carry out section
212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m))
(as added by this section) not later than the first day of the
8th month beginning after the date of the enactment of this Act
(Dec. 18, 1989); and
''(2) provide for the appointment (by January 1, 1991) of an
advisory group, including representatives of the Secretary, the
Secretary of Health and Human Services, the Attorney General,
hospitals, and labor organizations representing registered
nurses, to advise the Secretary -
''(A) concerning the impact of this section on the nursing
shortage,
''(B) on programs that medical institutions may implement to
recruit and retain registered nurses who are United States
citizens or immigrants who are authorized to perform nursing
services,
''(C) on the formulation of State recruitment and retention
plans under section 212(m)(3) of the Immigration and
Nationality Act, and
''(D) on the advisability of extending the amendments made by
this section (amending sections 1101 and 1182 of this title)
beyond the 5-year period described in subsection (d) (set out
above).''
PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN
GROUNDS
Section 901 of Pub. L. 100-204, as amended by Pub. L. 100-461,
title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L.
101-246, title I, Sec. 128, Feb. 16, 1990, 104 Stat. 30, provided
that no nonimmigrant alien was to be denied a visa or excluded from
admission into the United States, or subject to deportation because
of any past, current or expected beliefs, statements or
associations which, if engaged in by a United States citizen in the
United States, would be protected under the Constitution of the
United States, and which provided construction regarding excludable
aliens and standing to sue, prior to repeal by Pub. L. 101-649,
title VI, Sec. 603(a)(21), Nov. 29, 1990, 104 Stat. 5084.
REGULATIONS GOVERNING ADMISSION, DETENTION, AND TRAVEL OF
NONIMMIGRANT ALIENS IN GUAM PURSUANT TO VISA WAIVERS
Section 14(b) of Pub. L. 99-396, as amended by Pub. L. 100-525,
Sec. 3(1)(B), Oct. 24, 1988, 102 Stat. 2614, directed Attorney
General to issue, within 90 days after Aug. 27, 1986, regulations
governing the admission, detention, and travel of nonimmigrant
aliens pursuant to the visa waiver authorized by the amendment made
by section 14(a) of Pub. L. 99-396, prior to repeal by Pub. L.
101-649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat. 5084.
ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF PROVISIONS
AUTHORIZING WAIVER OF CERTAIN REQUIREMENTS FOR NONIMMIGRANT
VISITORS TO GUAM
Section 14(c) of Pub. L. 99-396, as amended by Pub. L. 100-525,
Sec. 3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, directed Attorney
General to submit a report each year on implementation of 8 U.S.C.
1182(l) to Committees on the Judiciary and Interior and Insular
Affairs of House of Representatives and Committees on the Judiciary
and Energy and Natural Resources of Senate, prior to repeal by Pub.
L. 101-649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat.
5084.
SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERS
Pub. L. 99-93, title I, Sec. 132, Aug. 16, 1985, 99 Stat. 420,
provided that:
''(a) Reporting Systems. - In order to ensure that foreign
narcotics traffickers are denied visas to enter the United States,
as required by section 212(a)(23) of the Immigration and
Naturalization Act ((former) 22 (8) U.S.C. 1182(a)(23)) -
''(1) the Department of State shall cooperate with United
States law enforcement agencies, including the Drug Enforcement
Administration and the United States Customs Service, in
establishing a comprehensive information system on all drug
arrests of foreign nationals in the United States, so that that
information may be communicated to the appropriate United States
embassies; and
''(2) the National Drug Enforcement Policy Board shall agree on
uniform guidelines which would permit the sharing of information
on foreign drug traffickers.
''(b) Report. - Not later than six months after the date of the
enactment of this Act (Aug. 16, 1985), the Chairman of the National
Drug Enforcement Policy Board shall submit a report to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate on the steps taken
to implement this section.''
REFUGEES FROM DEMOCRATIC KAMPUCHEA (CAMBODIA); TEMPORARY PAROLE
INTO UNITED STATES FOR FISCAL YEARS 1979 AND 1980
Pub. L. 95-431, title VI, Sec. 605, Oct. 10, 1978, 92 Stat. 1045,
provided that it was the sense of Congress that United States give
special consideration to plight of refugees from Democratic
Kampuchea (Cambodia) and that Attorney General should parole into
United States, under section 1182(d)(5) of this title for fiscal
year 1979, 7,500 aliens who are nationals or citizens of Democratic
Kampuchea and for fiscal year 1980, 7,500 such aliens.
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS
Pub. L. 95-412, Sec. 5, Oct. 5, 1978, 92 Stat. 909, as amended by
Pub. L. 96-212, title II, Sec. 203(g), Mar. 17, 1980, 94 Stat. 108,
provided that any refugee, not otherwise eligible for retroactive
adjustment of status, who was paroled into United States by
Attorney General pursuant to section 1182(d)(5) of this title
before Apr. 1, 1980, was to have his status adjusted pursuant to
section 1153(g) and (h) of this title.
REPORT BY ATTORNEY GENERAL TO CONGRESSIONAL COMMITTEES ON ADMISSION
OF CERTAIN EXCLUDABLE ALIENS
Pub. L. 95-370, title IV, Sec. 401, Sept. 17, 1978, 92 Stat. 627,
directed Attorney General, by October 30, 1979, to report to
specific congressional committees on certain cases of the admission
to the United States of aliens that may have been excludable under
former section 1182(a)(27) to (29) of this title.
NATIONAL BOARD OF MEDICAL EXAMINERS EXAMINATION
Section 602(a), (b) of Pub. L. 94-484, as added by Pub. L. 95-83,
title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, eff. Jan.
10, 1977, provided that an alien who is a graduate of a medical
school would be considered to have passed parts I and II of the
National Board of Medical Examiners Examination if the alien was on
January 9, 1977, a doctor of medicine fully and permanently
licensed to practice medicine in a State, held on that date a valid
specialty certificate issued by a constituent board of the American
Board of Medical Specialties, and was on that date practicing
medicine in a State, prior to repeal by Pub. L. 97-116, Sec.
5(a)(3), Dec. 29, 1981, 95 Stat. 1612.
LABOR CERTIFICATION FOR GRADUATES OF FOREIGN MEDICAL SCHOOLS;
DEVELOPMENT OF DATA BY SECRETARY OF HEALTH, EDUCATION, AND WELFARE
NOT LATER THAN OCT. 12, 1977
Section 906 of Pub. L. 94-484 directed Secretary of Health,
Education, and Welfare, not later than one year after Oct. 12,
1976, to develop sufficient data to enable the Secretary of Labor
to make equitable determinations with regard to applications for
labor certification by graduates of foreign medical schools, such
data to include the number of physicians (by specialty and by
percent of population) in a geographic area necessary to provide
adequate medical care, including such care in hospitals, nursing
homes, and other health care institutions, in such area.
RESETTLEMENT OF REFUGEE-ESCAPEE; REPORTS; FORMULA; TERMINATION
DATE; PERSONS DIFFICULT TO RESETTLE; CREATION OF RECORD OF
ADMISSION FOR PERMANENT RESIDENCE
Pub. L. 86-648, Sec. 1-4, 11, July 14, 1960, 74 Stat. 504, 505,
as amended by Pub. L. 87-510, Sec. 6, June 28, 1962, 76 Stat. 124;
Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919, provided:
''(Section 1. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
Stat. 919.)
''(Sec. 2. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
Stat. 919.)
''Sec. 3. Any alien who was paroled into the United States as a
refugee-escapee, pursuant to section 1 of the Act, whose parole has
not theretofore been terminated by the Attorney General pursuant to
such regulations as he may prescribe under the authority of section
212(d)(5) of the Immigration and Nationality Act (subsec. (d)(5) of
this section); and who has been in the United States for at least
two years, and who has not acquired permanent residence, shall
forthwith return or be returned to the custody of the Immigration
and Naturalization Service and shall thereupon be inspected and
examined for admission into the United States, and his case dealt
with in accordance with the provisions of sections 235, 236, and
237 of the Immigration and Nationality Act (sections 1225, 1226,
and (former) 1227 of this title).
''Sec. 4. Any alien who, pursuant to section 3 of this Act, is
found, upon inspection by the immigration officer or after hearing
before a special inquiry officer, to be admissible as an immigrant
under the Immigration and Nationality Act (this chapter) at the
time of his inspection and examination, except for the fact that he
was not and is not in possession of the documents required by
section 212(a)(20) of the said Act (former subsec. (a)(20) of this
section), shall be regarded as lawfully admitted to the United
States for permanent residence as of the date of his arrival.
* * * * *
''(Sec. 11. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
Stat. 919.)''
CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE
OF CERTAIN HUNGARIAN REFUGEES
Pub. L. 85-559, July 25, 1958, 72 Stat. 419, provided: ''That any
alien who was paroled into the United States as a refugee from the
Hungarian revolution under section 212(d)(5) of the Immigration and
Nationality Act (subsection (d)(5) of this section) subsequent to
October 23, 1956, who has been in the United States for at least
two years, and who has not acquired permanent residence, shall
forthwith return or be returned to the custody of the Immigration
and Naturalization Service, and shall thereupon be inspected and
examined for admission into the United States, and his case dealt
with, in accordance with the provisions of sections 235, 236 and
237 of that Act (sections 1225, 1226 and (former) 1227 of this
title).
''Sec. 2. Any such alien who, pursuant to section 1 of this Act,
is found, upon inspection by an immigration officer or after
hearing before a special inquiry officer, to have been and to be
admissible as an immigrant at the time of his arrival in the United
States and at the time of his inspection and examination, except
for the fact that he was not and is not in possession of the
documents required by section 212(a)(20) of the Immigration and
Nationality Act (former subsection (a)(20) of this section), shall
be regarded as lawfully admitted to the United States for permanent
residence as of the date of his arrival.
''Sec. 3. Nothing contained in this Act shall be held to repeal,
amend, alter, modify, affect, or restrict the powers, duties,
functions, or authority of the Attorney General in the
administration and enforcement of the Immigration and Nationality
Act (this chapter) or any other law relating to immigration,
nationality, or naturalization.''
-EXEC-
EXECUTIVE ORDER NO. 12324
Ex. Ord. No. 12324, Sept. 29, 1981, 46 F.R. 48109, which directed
Secretary of State to enter into cooperative arrangements with
foreign governments for purpose of preventing illegal migration to
United States by sea, directed Secretary of the Department in which
the Coast Guard is operating to issue appropriate instructions to
Coast Guard to enforce suspension of entry of undocumented aliens
and interdiction of any defined vessel carrying such aliens, and
directed Attorney General to ensure fair enforcement of immigration
laws and strict observance of international obligations of United
States concerning those who genuinely flee persecution in their
homeland, was revoked and replaced by Ex. Ord. No. 12807, Sec. 4,
May 24, 1992, 57 F.R. 23134, set out below.
PROC. NO. 4865. HIGH SEAS INTERDICTION OF ILLEGAL ALIENS
Proc. No. 4865, Sept. 29, 1981, 46 F.R. 48107, provided:
The ongoing migration of persons to the United States in
violation of our laws is a serious national problem detrimental to
the interests of the United States. A particularly difficult aspect
of the problem is the continuing illegal migration by sea of large
numbers of undocumented aliens into the southeastern United States.
These arrivals have severely strained the law enforcement resources
of the Immigration and Naturalization Service and have threatened
the welfare and safety of communities in that region.
As a result of our discussions with the Governments of affected
foreign countries and with agencies of the Executive Branch of our
Government, I have determined that new and effective measures to
curtail these unlawful arrivals are necessary. In this regard, I
have determined that international cooperation to intercept vessels
trafficking in illegal migrants is a necessary and proper means of
insuring the effective enforcement of our laws.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
of America, by the authority vested in me by the Constitution and
the statutes of the United States, including Sections 212(f) and
215(a)(1) of the Immigration and Nationality Act, as amended (8
U.S.C. 1182(f) and 1185(a)(1)), in order to protect the sovereignty
of the United States, and in accordance with cooperative
arrangements with certain foreign governments, and having found
that the entry of undocumented aliens, arriving at the borders of
the United States from the high seas, is detrimental to the
interests of the United States, do proclaim that:
The entry of undocumented aliens from the high seas is hereby
suspended and shall be prevented by the interdiction of certain
vessels carrying such aliens.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth
day of September, in the year of our Lord nineteen hundred and
eighty-one, and of the Independence of the United States of America
the two hundred and sixth. Ronald Reagan.
EX. ORD. NO. 12807. INTERDICTION OF ILLEGAL ALIENS
Ex. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
212(f) and 215(a)(1) of the Immigration and Nationality Act, as
amended (8 U.S.C. 1182(f) and 1185(a)(1)), and whereas:
(1) The President has authority to suspend the entry of aliens
coming by sea to the United States without necessary documentation,
to establish reasonable rules and regulations regarding, and other
limitations on, the entry or attempted entry of aliens into the
United States, and to repatriate aliens interdicted beyond the
territorial sea of the United States;
(2) The international legal obligations of the United States
under the United Nations Protocol Relating to the Status of
Refugees (U.S. T.I.A.S. 6577; 19 U.S.T. 6223) to apply Article 33
of the United Nations Convention Relating to the Status of Refugees
do not extend to persons located outside the territory of the
United States;
(3) Proclamation No. 4865 (set out above) suspends the entry of
all undocumented aliens into the United States by the high seas;
and
(4) There continues to be a serious problem of persons attempting
to come to the United States by sea without necessary documentation
and otherwise illegally;
I, GEORGE BUSH, President of the United States of America, hereby
order as follows:
Section 1. The Secretary of State shall undertake to enter into,
on behalf of the United States, cooperative arrangements with
appropriate foreign governments for the purpose of preventing
illegal migration to the United States by sea.
Sec. 2. (a) The Secretary of the Department in which the Coast
Guard is operating, in consultation, where appropriate, with the
Secretary of Defense, the Attorney General, and the Secretary of
State, shall issue appropriate instructions to the Coast Guard in
order to enforce the suspension of the entry of undocumented aliens
by sea and the interdiction of any defined vessel carrying such
aliens.
(b) Those instructions shall apply to any of the following
defined vessels:
(1) Vessels of the United States, meaning any vessel documented
or numbered pursuant to the laws of the United States, or owned in
whole or in part by the United States, a citizen of the United
States, or a corporation incorporated under the laws of the United
States or any State, Territory, District, Commonwealth, or
possession thereof, unless the vessel has been granted nationality
by a foreign nation in accord with Article 5 of the Convention on
the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
(2) Vessels without nationality or vessels assimilated to vessels
without nationality in accordance with paragraph (2) of Article 6
of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13
U.S.T. 2312).
(3) Vessels of foreign nations with whom we have arrangements
authorizing the United States to stop and board such vessels.
(c) Those instructions to the Coast Guard shall include
appropriate directives providing for the Coast Guard:
(1) To stop and board defined vessels, when there is reason to
believe that such vessels are engaged in the irregular
transportation of persons or violations of United States law or the
law of a country with which the United States has an arrangement
authorizing such action.
(2) To make inquiries of those on board, examine documents and
take such actions as are necessary to carry out this order.
(3) To return the vessel and its passengers to the country from
which it came, or to another country, when there is reason to
believe that an offense is being committed against the United
States immigration laws, or appropriate laws of a foreign country
with which we have an arrangement to assist; provided, however,
that the Attorney General, in his unreviewable discretion, may
decide that a person who is a refugee will not be returned without
his consent.
(d) These actions, pursuant to this section, are authorized to be
undertaken only beyond the territorial sea of the United States.
Sec. 3. This order is intended only to improve the internal
management of the Executive Branch. Neither this order nor any
agency guidelines, procedures, instructions, directives, rules or
regulations implementing this order shall create, or shall be
construed to create, any right or benefit, substantive or
procedural (including without limitation any right or benefit under
the Administrative Procedure Act (5 U.S.C. 551 et seq., 701 et
seq.)), legally enforceable by any party against the United States,
its agencies or instrumentalities, officers, employees, or any
other person. Nor shall this order be construed to require any
procedures to determine whether a person is a refugee.
Sec. 4. Executive Order No. 12324 is hereby revoked and replaced
by this order.
Sec. 5. This order shall be effective immediately.
George Bush.
-CROSS-
CROSS REFERENCES
Alien enemies, see section 21 et seq. of Title 50, War and
National Defense.
Alien women, prevention of transportation in foreign commerce
under international agreement, see section 1557 of this title.
Atomic weapons information, waiver of admission requirements, see
section 47c of Title 50, War and National Defense.
Bonds -
Bond from nonimmigrant alien as prerequisite to admission to
the United States, see section 1184 of this title.
Bond or undertaking as prerequisite to admission of aliens
likely to become public charge or with certain physical
disabilities, see section 1183 of this title.
Bond or undertaking as prerequisite to issuance of visas to
aliens with certain physical disabilities or likely to become
public charges, see section 1201 of this title.
Forms to be prescribed by Attorney General, see section 1103 of
this title.
Definition of the term -
Adjacent islands, as used in this subchapter, see section
1101(b)(5) of this title.
Advocating a doctrine, see section 1101(e)(1) of this title.
Affiliation, see section 1101(e)(2) of this title.
Alien, see section 1101(a)(3) of this title.
Application for admission, see section 1101(a)(4) of this
title.
Attorney General, see section 1101(a)(5) of this title.
Border crossing identification card, see section 1101(a)(6) of
this title.
Child, as used in subchapter III of this chapter, see section
1101(c)(1) of this title.
Child, as used in this subchapter and subchapter I of this
chapter, see section 1101(b)(1) of this title.
Consular officer, see section 1101(a)(9) of this title.
Doctrine, see section 1101(a)(12) of this title.
Entry, see section 1101(a)(13) of this title.
Foreign state, see section 1101(a)(14) of this title.
Immigrant, see section 1101(a)(15) of this title.
Immigrant visa, see section 1101(a)(16) of this title.
Immigration officer, see section 1101(a)(18) of this title.
Ineligible to citizenship, see section 1101(a)(19) of this
title.
Lawfully admitted for permanent residence, see section
1101(a)(20) of this title.
National, see section 1101(a)(21) of this title.
Nonimmigrant alien, see section 1101(a)(15) of this title.
Nonimmigrant visa, see section 1101(a)(26) of this title.
Organization, see section 1101(a)(28) of this title.
Parent, as used in subchapter III of this chapter, see section
1101(c)(2) of this title.
Parent, as used in this subchapter and subchapter I of this
chapter, see section 1101(b)(2) of this title.
Passport, see section 1101(a)(30) of this title.
Permanent, see section 1101(a)(31) of this title.
Person of good moral character, see section 1101(f) of this
title.
Profession, see section 1101(a)(32) of this title.
Residence, see section 1101(a)(33) of this title.
Special immigrant, see section 1101(a)(27) of this title.
Spouse, see section 1101(a)(35) of this title.
Totalitarian party and totalitarian dictatorship, see section
1101(a)(37) of this title.
United States, see section 1101(a)(38) of this title.
World communism, see section 1101(a)(40) of this title.
Deportation for offenses committed after entry into United
States, see section 1251 of this title.
Detention of aliens for observation and examination, see section
1222 of this title.
Diplomatic and semidiplomatic immunities, see section 1102 of
this title.
Espionage and censorship, see section 792 et seq. of Title 18,
Crimes and Criminal Procedure.
Passports and visas, see section 1541 et seq. of Title 18, Crimes
and Criminal Procedure.
Principals, see section 2 of Title 18.
Readmission without documentation after temporary departure, see
section 1181 of this title.
Reentry permit, see section 1203 of this title.
Sabotage, see section 2151 et seq. of Title 18, Crimes and
Criminal Procedure.
Stowaways on vessels or aircraft, see section 2199 of Title 18.
Submission of alien seeking immigrant or nonimmigrant visa to
physical and mental examination, see section 1201 of this title.
Treason, sedition and subversive activities, see section 2381 et
seq. of Title 18, Crimes and Criminal Procedure.
White slave traffic, see section 2421 et seq. of Title 18.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1102, 1151, 1153,
1157, 1158, 1159, 1160, 1181, 1183, 1183a, 1184, 1186, 1186a, 1187,
1189, 1201, 1222, 1225, 1226, 1227, 1229a, 1229b, 1229c, 1231,
1252, 1254a, 1255, 1255a, 1258, 1259, 1282, 1284, 1322, 1326, 1327,
1356, 1537, 1621, 1622, 1641, 1642 of this title; title 7 section
2015; title 26 section 3304; title 28 section 1821; title 42
sections 608, 1382c, 1382j, 1436a.
-CITE-
8 USC Sec. 1182a to 1182c 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1182a to 1182c. Repealed. Pub. L. 87-301, Sec. 24(a)(1), (3),
Sept. 26, 1961, 75 Stat. 657
-MISC1-
Section 1182a, act Sept. 3, 1954, ch. 1254, Sec. 4, 68 Stat.
1145, related to admission of aliens who were either convicted, or
who admitted the commission, of a misdemeanor.
Section 1182b, Pub. L. 85-316, Sec. 5, Sept. 11, 1957, 71 Stat.
640, permitted admission of an alien spouse, child or parent
excludable for crime involving moral turpitude in cases of
hardship, when not contrary to national welfare or security, and
with Attorney General's consent, and under conditions and
procedures prescribed by him. See section 1182(h) of this title.
Section 1182c, Pub. L. 85-316, Sec. 6, Sept. 11, 1957, 71 Stat.
640; Pub. L. 86-253, Sec. 1, Sept. 9, 1959, 73 Stat. 490,
authorized admission of an alien spouse, child, or parent of a
United States citizen afflicted with tuberculosis under terms,
conditions and controls prescribed by Attorney General. See section
1182(g) of this title.
-CITE-
8 USC Sec. 1182d 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1182d. Denial of visas to confiscators of American property
-STATUTE-
(a) Denial of visas
Except as otherwise provided in section 6091 of title 22, and
subject to subsection (b) of this section, the Secretary of State
may deny the issuance of a visa to any alien who -
(1) through the abuse of position, including a governmental or
political party position, converts or has converted for personal
gain real property that has been confiscated or expropriated, a
claim to which is owned by a national of the United States, or
who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in
paragraph (1) by any person.
(b) Exceptions
Subsection (a) of this section shall not apply to -
(1) any country established by international mandate through
the United Nations; or
(2) any territory recognized by the United States Government to
be in dispute.
(c) Reporting requirement
Not later than 6 months after October 21, 1998, and every 12
months thereafter, the Secretary of State shall submit to the
Speaker of the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate a report, including -
(1) a list of aliens who have been denied a visa under this
subsection; and
(2) a list of aliens who could have been denied a visa under
subsection (a) of this section but were issued a visa and an
explanation as to why each such visa was issued.
-SOURCE-
(Pub. L. 105-277, div. G, title XXII, Sec. 2225, Oct. 21, 1998,
112 Stat. 2681-819.)
-COD-
CODIFICATION
Section was enacted as part of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999, and also as part of
the Foreign Affairs Reform and Restructuring Act of 1998, and the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999, and not as part of the Immigration and Nationality Act which
comprises this chapter.
-CITE-
8 USC Sec. 1183 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1183. Admission of aliens on giving bond or undertaking;
return upon permanent departure
-STATUTE-
An alien inadmissible under paragraph (4) of section 1182(a) of
this title may, if otherwise admissible, be admitted in the
discretion of the Attorney General (subject to the affidavit of
support requirement and attribution of sponsor's income and
resources under section 1183a of this title) upon the giving of a
suitable and proper bond or undertaking approved by the Attorney
General, in such amount and containing such conditions as he may
prescribe, to the United States, and to all States, territories,
counties, towns, municipalities, and districts thereof holding the
United States and all States, territories, counties, towns,
municipalities, and districts thereof harmless against such alien
becoming a public charge. Such bond or undertaking shall terminate
upon the permanent departure from the United States, the
naturalization, or the death of such alien, and any sums or other
security held to secure performance thereof, except to the extent
forfeited for violation of the terms thereof, shall be returned to
the person by whom furnished, or to his legal representatives.
Suit may be brought thereon in the name and by the proper law
officers of the United States for the use of the United States, or
of any State, territory, district, county, town, or municipality in
which such alien becomes a public charge, irrespective of whether a
demand for payment of public expenses has been made.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 213, 66 Stat. 188;
Pub. L. 91-313, Sec. 1, July 10, 1970, 84 Stat. 413; Pub. L.
101-649, title VI, Sec. 603(a)(8), Nov. 29, 1990, 104 Stat. 5083;
Pub. L. 104-208, div. C, title III, Sec. 308(d)(3)(A), title V,
Sec. 564(f), Sept. 30, 1996, 110 Stat. 3009-617, 3009-684.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-208, Sec. 564(f), inserted ''(subject to the
affidavit of support requirement and attribution of sponsor's
income and resources under section 1183a of this title)'' after
''in the discretion of the Attorney General''.
Pub. L. 104-208, Sec. 308(d)(3)(A), substituted ''inadmissible''
for ''excludable''.
1990 - Pub. L. 101-649 substituted ''(4)'' for ''(7) or (15)''
and inserted before period at end '', irrespective of whether a
demand for payment of public expenses has been made'' after
''becomes a public charge''.
1970 - Pub. L. 91-313 substituted provisions admitting, under the
specified conditions, an alien excludable under pars. (7) or (15)
of section 1182(a) of this title, for provisions admitting, under
the specified conditions, any alien excludable because of the
likelihood of becoming a public charge or because of physical
disability other than tuberculosis in any form, leprosy, or a
dangerous contagious disease, and struck out provisions authorizing
a cash deposit with the Attorney General in lieu of a bond, such
amount to be deposited in the United States Postal Savings System,
and provisions that the admission of the alien be consideration for
the giving of the bond, undertaking, or cash deposit.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(3)(A) of Pub. L. 104-208 effective,
with certain transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of this title.
Amendment by section 564(f) of Pub. L. 104-208 effective Sept.
30, 1996, see section 591 of Pub. L. 104-208, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 applicable to individuals entering
United States on or after June 1, 1991, see section 601(e)(1) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
-CROSS-
CROSS REFERENCES
Bonds -
Bond from nonimmigrant alien as prerequisite to admission to
the United States, see section 1184 of this title.
Bond or undertaking as prerequisite to issuance of visas to
aliens with certain physical disabilities or those likely to
become public charges, see section 1201 of this title.
Exaction from excludable aliens applying for temporary
admission, see section 1182 of this title.
Forms to be prescribed by Attorney General, see section 1103 of
this title.
Definition of alien and Attorney General, see section 1101 of
this title.
Nationality and naturalization, see section 1401 et seq. of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1201 of this title.
-CITE-
8 USC Sec. 1183a 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1183a. Requirements for sponsor's affidavit of support
-STATUTE-
(a) Enforceability
(1) Terms of affidavit
No affidavit of support may be accepted by the Attorney General
or by any consular officer to establish that an alien is not
excludable as a public charge under section 1182(a)(4) of this
title unless such affidavit is executed by a sponsor of the alien
as a contract -
(A) in which the sponsor agrees to provide support to
maintain the sponsored alien at an annual income that is not
less than 125 percent of the Federal poverty line during the
period in which the affidavit is enforceable;
(B) that is legally enforceable against the sponsor by the
sponsored alien, the Federal Government, any State (or any
political subdivision of such State), or by any other entity
that provides any means-tested public benefit (as defined in
subsection (e) (FOOTNOTE 1) of this section), consistent with
the provisions of this section; and
(FOOTNOTE 1) See References in Text note below.
(C) in which the sponsor agrees to submit to the jurisdiction
of any Federal or State court for the purpose of actions
brought under subsection (b)(2) of this section.
(2) Period of enforceability
An affidavit of support shall be enforceable with respect to
benefits provided for an alien before the date the alien is
naturalized as a citizen of the United States, or, if earlier,
the termination date provided under paragraph (3).
(3) Termination of period of enforceability upon completion of
required period of employment, etc.
(A) In general
An affidavit of support is not enforceable after such time as
the alien (i) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act (42 U.S.C.
401 et seq.) or can be credited with such qualifying quarters
as provided under subparagraph (B), and (ii) in the case of any
such qualifying quarter creditable for any period beginning
after December 31, 1996, did not receive any Federal
means-tested public benefit (as provided under section 1613 of
this title) during any such period.
(B) Qualifying quarters
For purposes of this section, in determining the number of
qualifying quarters of coverage under title II of the Social
Security Act (42 U.S.C. 401 et seq.) an alien shall be credited
with -
(i) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18, and
(ii) all of the qualifying quarters worked by a spouse of
such alien during their marriage and the alien remains
married to such spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable under
title II of the Social Security Act for any period beginning
after December 31, 1996, may be credited to an alien under
clause (i) or (ii) if the parent or spouse (as the case may be)
of such alien received any Federal means-tested public benefit
(as provided under section 1613 of this title) during the
period for which such qualifying quarter of coverage is so
credited.
(C) Provision of information to save system
The Attorney General shall ensure that appropriate
information regarding the application of this paragraph is
provided to the system for alien verification of eligibility
(SAVE) described in section 1137(d)(3) of the Social Security
Act (42 U.S.C. 1320b-7(d)(3)).
(b) Reimbursement of government expenses
(1) Request for reimbursement
(A) Requirement
Upon notification that a sponsored alien has received any
means-tested public benefit, the appropriate nongovernmental
entity which provided such benefit or the appropriate entity of
the Federal Government, a State, or any political subdivision
of a State shall request reimbursement by the sponsor in an
amount which is equal to the unreimbursed costs of such
benefit.
(B) Regulations
The Attorney General, in consultation with the heads of other
appropriate Federal agencies, shall prescribe such regulations
as may be necessary to carry out subparagraph (A).
(2) Actions to compel reimbursement
(A) In case of nonresponse
If within 45 days after a request for reimbursement under
paragraph (1)(A), the appropriate entity has not received a
response from the sponsor indicating a willingness to commence
payment an action may be brought against the sponsor pursuant
to the affidavit of support.
(B) In case of failure to pay
If the sponsor fails to abide by the repayment terms
established by the appropriate entity, the entity may bring an
action against the sponsor pursuant to the affidavit of
support.
(C) Limitation on actions
No cause of action may be brought under this paragraph later
than 10 years after the date on which the sponsored alien last
received any means-tested public benefit to which the affidavit
of support applies.
(3) Use of collection agencies
If the appropriate entity under paragraph (1)(A) requests
reimbursement from the sponsor or brings an action against the
sponsor pursuant to the affidavit of support, the appropriate
entity may appoint or hire an individual or other person to act
on behalf of such entity acting under the authority of law for
purposes of collecting any amounts owed.
(c) Remedies
Remedies available to enforce an affidavit of support under this
section include any or all of the remedies described in section
3201, 3203, 3204, or 3205 of title 28, as well as an order for
specific performance and payment of legal fees and other costs of
collection, and include corresponding remedies available under
State law. A Federal agency may seek to collect amounts owed under
this section in accordance with the provisions of subchapter II of
chapter 37 of title 31.
(d) Notification of change of address
(1) General requirement
The sponsor shall notify the Attorney General and the State in
which the sponsored alien is currently a resident within 30 days
of any change of address of the sponsor during the period in
which an affidavit of support is enforceable.
(2) Penalty
Any person subject to the requirement of paragraph (1) who
fails to satisfy such requirement shall, after notice and
opportunity to be heard, be subject to a civil penalty of -
(A) not less than $250 or more than $2,000, or
(B) if such failure occurs with knowledge that the sponsored
alien has received any means-tested public benefits (other than
benefits described in section 1611(b), 1613(c)(2), or 1621(b)
of this title) not less than $2,000 or more than $5,000.
The Attorney General shall enforce this paragraph under
appropriate regulations.
(e) Jurisdiction
An action to enforce an affidavit of support executed under
subsection (a) of this section may be brought against the sponsor
in any appropriate court -
(1) by a sponsored alien, with respect to financial support; or
(2) by the appropriate entity of the Federal Government, a
State or any political subdivision of a State, or by any other
nongovernmental entity under subsection (b)(2) of this section,
with respect to reimbursement.
(f) ''Sponsor'' defined
(1) In general
For purposes of this section the term ''sponsor'' in relation
to a sponsored alien means an individual who executes an
affidavit of support with respect to the sponsored alien and who
-
(A) is a citizen or national of the United States or an alien
who is lawfully admitted to the United States for permanent
residence;
(B) is at least 18 years of age;
(C) is domiciled in any of the several States of the United
States, the District of Columbia, or any territory or
possession of the United States;
(D) is petitioning for the admission of the alien under
section 1154 of this title; and
(E) demonstrates (as provided in paragraph (6)) the means to
maintain an annual income equal to at least 125 percent of the
Federal poverty line.
(2) Income requirement case
Such term also includes an individual who does not meet the
requirement of paragraph (1)(E) but accepts joint and several
liability together with an individual under paragraph (5).
(3) Active duty armed services case
Such term also includes an individual who does not meet the
requirement of paragraph (1)(E) but is on active duty (other than
active duty for training) in the Armed Forces of the United
States, is petitioning for the admission of the alien under
section 1154 of this title as the spouse or child of the
individual, and demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least 100 percent
of the Federal poverty line.
(4) Certain employment-based immigrants case
Such term also includes an individual -
(A) who does not meet the requirement of paragraph (1)(D),
but is the relative of the sponsored alien who filed a
classification petition for the sponsored alien as an
employment-based immigrant under section 1153(b) of this title
or who has a significant ownership interest in the entity that
filed such a petition; and
(B)(i) who demonstrates (as provided under paragraph (6)) the
means to maintain an annual income equal to at least 125
percent of the Federal poverty line, or
(ii) does not meet the requirement of (1)(E) but
accepts joint and several liability together with an individual
under paragraph (5).
(5) Non-petitioning case
Such term also includes an individual who does not meet the
requirement of paragraph (1)(D) but who accepts joint and several
liability with a petitioning sponsor under paragraph (2) or
relative of an employment-based immigrant under paragraph (4) and
who demonstrates (as provided under paragraph (6)) the means to
maintain an annual income equal to at least 125 percent of the
Federal poverty line.
(6) Demonstration of means to maintain income
(A) In general
(i) Method of demonstration
For purposes of this section, a demonstration of the means
to maintain income shall include provision of a certified
copy of the individual's Federal income tax return for the
individual's 3 most recent taxable years and a written
statement, executed under oath or as permitted under penalty
of perjury under section 1746 of title 28 that the copies are
certified copies of such returns.
(ii) Flexibility
For purposes of this section, aliens may demonstrate the
means to maintain income through demonstration of significant
assets of the sponsored alien or of the sponsor, if such
assets are available for the support of the sponsored alien.
(iii) Percent of poverty
For purposes of this section, a reference to an annual
income equal to at least a particular percentage of the
Federal poverty line means an annual income equal to at least
such percentage of the Federal poverty line for a family unit
of a size equal to the number of members of the sponsor's
household (including family and non-family dependents) plus
the total number of other dependents and aliens sponsored by
that sponsor.
(B) Limitation
The Secretary of State, or the Attorney General in the case
of adjustment of status, may provide that the demonstration
under subparagraph (A) applies only to the most recent taxable
year.
(h) (FOOTNOTE 2) ''Federal poverty line'' defined
(FOOTNOTE 2) So in original. Section enacted without a subsec.
(g).
For purposes of this section, the term ''Federal poverty line''
means the level of income equal to the official poverty line (as
defined by the Director of the Office of Management and Budget, as
revised annually by the Secretary of Health and Human Services, in
accordance with section 9902(2) of title 42) that is applicable to
a family of the size involved.
(i) Sponsor's social security account number required to be
provided
(1) An affidavit of support shall include the social security
account number of each sponsor.
(2) The Attorney General shall develop an automated system to
maintain the social security account number data provided under
paragraph (1).
(3) The Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives and the
Senate setting forth -
(A) for the most recent fiscal year for which data are
available the number of sponsors under this section and the
number of sponsors in compliance with the financial obligations
of this section; and
(B) a comparison of such numbers with the numbers of such
sponsors for the preceding fiscal year.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 213A, as added Pub.
L. 104-193, title IV, Sec. 423(a), Aug. 22, 1996, 110 Stat. 2271;
amended Pub. L. 104-208, div. C, title V, Sec. 551(a), Sept. 30,
1996, 110 Stat. 3009-675.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (e) of this section, referred to in subsec. (a)(1)(B),
does not define ''means-tested public benefit''.
The Social Security Act, referred to in subsec. (a)(3)(A), (B),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II
of the Act is classified generally to subchapter II (Sec. 401 et
seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 1305
of Title 42 and Tables.
-MISC2-
AMENDMENTS
1996 - Pub. L. 104-208 amended section generally, substituting
subsecs. (a) to (i) for former subsecs. (a) to (f) relating to
requirements for sponsor's affidavits of support.
EFFECTIVE DATE OF 1996 AMENDMENTS; PROMULGATION OF FORM
Section 551(c) of div. C of Pub. L. 104-208 provided that:
''(1) In general. - The amendments made by this section (enacting
this section, amending sections 1631 and 1632 of this title, and
repealing provisions set out as a note under this section) shall
apply to affidavits of support executed on or after a date
specified by the Attorney General, which date shall be not earlier
than 60 days (and not later than 90 days) after the date the
Attorney General formulates the form for such affidavits under
paragraph (2).
''(2) Promulgation of form. - Not later than 90 days after the
date of the enactment of this Act (Sept. 30, 1996), the Attorney
General, in consultation with the heads of other appropriate
agencies, shall promulgate a standard form for an affidavit of
support consistent with the provisions of section 213A of the
Immigration and Nationality Act (this section), as amended by
subsection (a).''
Section 423(c) of Pub. L. 104-193 provided that subsec. (a) of
this section was applicable to affidavits of support executed on or
after a date specified by Attorney General, which date was to be
not earlier than 60 days (and not later than 90 days) after date
Attorney General formulated form for such affidavits under subsec.
(b) of this section, prior to repeal by Pub. L. 104-208, div. C,
title V, Sec. 551(b)(2), Sept. 30, 1996, 104 Stat. 3009-679.
PILOT PROGRAMS TO REQUIRE BONDING
Section 564 of div. C of Pub. L. 104-208 provided that:
''(a) In General. -
''(1) The Attorney General of the United States shall establish
a pilot program in 5 district offices of the Immigration and
Naturalization Service to require aliens to post a bond in
addition to the affidavit requirements under section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183a) and the deeming
requirements under section 421 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631). Any
pilot program established pursuant to this subsection shall
require an alien to post a bond in an amount sufficient to cover
the cost of benefits described in section 213A(d)(2)(B) of the
Immigration and Nationality Act (as amended by section 551(a) of
this division) for the alien and the alien's dependents and shall
remain in effect until the departure, naturalization, or death of
the alien.
''(2) Suit on any such bonds may be brought under the terms and
conditions set forth in section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183a).
''(b) Regulations. - Not later than 180 days after the date of
the enactment of this Act (Sept. 30, 1996), the Attorney General
shall issue regulations for establishing the pilot programs,
including -
''(1) criteria and procedures for -
''(A) certifying bonding companies for participation in the
program, and
''(B) debarment of any such company that fails to pay a bond,
and
''(2) criteria for setting the amount of the bond to assure
that the bond is in an amount that is not less than the cost of
providing benefits under the programs described in subsection
(a)(1) for the alien and the alien's dependents for 6 months.
''(c) Authorization of Appropriations. - There are authorized to
be appropriated such sums as may be necessary to carry out this
section.
''(d) Annual Reporting Requirement. - Beginning 9 months after
the date of implementation of the pilot program, the Attorney
General shall submit annually to the Committees on the Judiciary of
the House of Representatives and the Senate a report on the
effectiveness of the program. The Attorney General shall submit a
final evaluation of the program not later than 1 year after
termination.
''(e) Sunset. - The pilot program under this section shall
terminate after 3 years of operation.
''(f) Bonds in Addition to Sponsorship and Deeming Requirements.
- (Amended section 1183 of this title.)''
BENEFITS NOT SUBJECT TO REIMBURSEMENT
Section 423(d) of Pub. L. 104-193, as amended by Pub. L. 105-277,
div. A, Sec. 101(f) (title VIII, Sec. 405(d)(3)(B), (f)(3)(B)),
Oct. 21, 1998, 112 Stat. 2681-337, 2681-419, 2681-430, provided
that: ''Requirements for reimbursement by a sponsor for benefits
provided to a sponsored alien pursuant to an affidavit of support
under section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) shall not apply with respect to the following:
''(1) Medical assistance described in section 401(b)(1)(A) (8
U.S.C. 1611(b)(1)(A)) or assistance described in section
411(b)(1) (8 U.S.C. 1621(b)(1)).
''(2) Short-term, non-cash, in-kind emergency disaster relief.
''(3) Assistance or benefits under the National School Lunch
Act (42 U.S.C. 1751 et seq.).
''(4) Assistance or benefits under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
''(5) Public health assistance for immunizations (not including
any assistance under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.)) with respect to immunizable diseases and
for testing and treatment of symptoms of communicable diseases
whether or not such symptoms are caused by a communicable
disease.
''(6) Payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act (42 U.S.C.
620 et seq., 670 et seq.) for a parent or a child, but only if
the foster or adoptive parent (or parents) of such child is a
qualified alien (as defined in section 431 (8 U.S.C. 1641)).
''(7) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General's sole
and unreviewable discretion after consultation with appropriate
Federal agencies and departments, which (A) deliver in-kind
services at the community level, including through public or
private nonprofit agencies; (B) do not condition the provision of
assistance, the amount of assistance provided, or the cost of
assistance provided on the individual recipient's income or
resources; and (C) are necessary for the protection of life or
safety.
''(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq., 1101 et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751 et
seq.), and titles III, VII, and VIII of the Public Health Service
Act (42 U.S.C. 241 et seq., 292 et seq., 296 et seq.).
''(9) Benefits under the Head Start Act (42 U.S.C. 9831 et
seq.).
''(10) Means-tested programs under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
''(11) Benefits under the Job Training Partnership Act (29
U.S.C. 1501 et seq.) or title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.).''
(Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.
405(f)(3)(B), (g)(2)(B)), Oct. 21, 1998, 112 Stat. 2681-337,
2681-430, 2681-435, provided that, effective July 1, 2000, section
423(d)(11) of Pub. L. 104-193, set out above, is amended by
striking ''Job Training Partnership Act or''.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1182, 1183, 1371, 1631,
1632 of this title; title 42 section 608.
-CITE-
8 USC Sec. 1184 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1184. Admission of nonimmigrants
-STATUTE-
(a) Regulations
(1) The admission to the United States of any alien as a
nonimmigrant shall be for such time and under such conditions as
the Attorney General may by regulations prescribe, including when
he deems necessary the giving of a bond with sufficient surety in
such sum and containing such conditions as the Attorney General
shall prescribe, to insure that at the expiration of such time or
upon failure to maintain the status under which he was admitted, or
to maintain any status subsequently acquired under section 1258 of
this title, such alien will depart from the United States. No alien
admitted to Guam without a visa pursuant to section 1182(l) of this
title may be authorized to enter or stay in the United States other
than in Guam or to remain in Guam for a period exceeding fifteen
days from date of admission to Guam. No alien admitted to the
United States without a visa pursuant to section 1187 of this title
may be authorized to remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the date of admission.
(2)(A) The period of authorized status as a nonimmigrant
described in section 1101(a)(15)(O) of this title shall be for such
period as the Attorney General may specify in order to provide for
the event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant described
in section 1101(a)(15)(P) of this title shall be for such period as
the Attorney General may specify in order to provide for the
competition, event, or performance for which the nonimmigrant is
admitted. In the case of nonimmigrants admitted as individual
athletes under section 1101(a)(15)(P) of this title, the period of
authorized status may be for an initial period (not to exceed 5
years) during which the nonimmigrant will perform as an athlete and
such period may be extended by the Attorney General for an
additional period of up to 5 years.
(b) Presumption of status; written waiver
Every alien (other than a nonimmigrant described in subparagraph
(H)(i) or (L) of section 1101(a)(15) of this title) shall be
presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of application
for a visa, and the immigration officers, at the time of
application for admission, that he is entitled to a nonimmigrant
status under section 1101(a)(15) of this title. An alien who is an
officer or employee of any foreign government or of any
international organization entitled to enjoy privileges,
exemptions, and immunities under the International Organizations
Immunities Act (22 U.S.C. 288 et seq.), or an alien who is the
attendant, servant, employee, or member of the immediate family of
any such alien shall not be entitled to apply for or receive an
immigrant visa, or to enter the United States as an immigrant
unless he executes a written waiver in the same form and substance
as is prescribed by section 1257(b) of this title.
(c) Petition of importing employer; involvement of Departments of
Labor and Agriculture
(1) The question of importing any alien as a nonimmigrant under
section 1101(a)(15)(H), (L), (O), or (P)(i) of this title in any
specific case or specific cases shall be determined by the Attorney
General, after consultation with appropriate agencies of the
Government, upon petition of the importing employer. Such
petition, shall be made and approved before the visa is granted.
The petition shall be in such form and contain such information as
the Attorney General shall prescribe. The approval of such a
petition shall not, of itself, be construed as establishing that
the alien is a nonimmigrant. For purposes of this subsection with
respect to nonimmigrants described in section 1101(a)(15)(H)(ii)(a)
of this title, the term ''appropriate agencies of Government''
means the Department of Labor and includes the Department of
Agriculture. The provisions of section 1188 of this title shall
apply to the question of importing any alien as a nonimmigrant
under section 1101(a)(15)(H)(ii)(a) of this title.
(2)(A) The Attorney General shall provide for a procedure under
which an importing employer which meets requirements established by
the Attorney General may file a blanket petition to import aliens
as nonimmigrants described in section 1101(a)(15)(L) of this title
instead of filing individual petitions under paragraph (1) to
import such aliens. Such procedure shall permit the expedited
processing of visas for admission of aliens covered under such a
petition.
(B) For purposes of section 1101(a)(15)(L) of this title, an
alien is considered to be serving in a capacity involving
specialized knowledge with respect to a company if the alien has a
special knowledge of the company product and its application in
international markets or has an advanced level of knowledge of
processes and procedures of the company.
(C) The Attorney General shall provide a process for reviewing
and acting upon petitions under this subsection with respect to
nonimmigrants described in section 1101(a)(15)(L) of this title
within 30 days after the date a completed petition has been filed.
(D) The period of authorized admission for -
(i) a nonimmigrant admitted to render services in a managerial
or executive capacity under section 1101(a)(15)(L) of this title
shall not exceed 7 years, or
(ii) a nonimmigrant admitted to render services in a capacity
that involves specialized knowledge under section 1101(a)(15)(L)
of this title shall not exceed 5 years.
(3) The Attorney General shall approve a petition -
(A) with respect to a nonimmigrant described in section
1101(a)(15)(O)(i) of this title only after consultation in
accordance with paragraph (6) or, with respect to aliens seeking
entry for a motion picture or television production, after
consultation with the appropriate union representing the alien's
occupational peers and a management organization in the area of
the alien's ability, or
(B) with respect to a nonimmigrant described in section
1101(a)(15)(O)(ii) of this title after consultation in accordance
with paragraph (6) or, in the case of such an alien seeking entry
for a motion picture or television production, after consultation
with such a labor organization and a management organization in
the area of the alien's ability.
In the case of an alien seeking entry for a motion picture or
television production, (i) any opinion under the previous sentence
shall only be advisory, (ii) any such opinion that recommends
denial must be in writing, (iii) in making the decision the
Attorney General shall consider the exigencies and scheduling of
the production, and (iv) the Attorney General shall append to the
decision any such opinion. The Attorney General shall provide by
regulation for the waiver of the consultation requirement under
subparagraph (A) in the case of aliens who have been admitted as
nonimmigrants under section 1101(a)(15)(O)(i) of this title because
of extraordinary ability in the arts and who seek readmission to
perform similar services within 2 years after the date of a
consultation under such subparagraph. Not later than 5 days after
the date such a waiver is provided, the Attorney General shall
forward a copy of the petition and all supporting documentation to
the national office of an appropriate labor organization.
(4)(A) For purposes of section 1101(a)(15)(P)(i)(a) of this
title, an alien is described in this subparagraph if the alien -
(i) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance,
and
(ii) seeks to enter the United States temporarily and solely
for the purpose of performing as such an athlete with respect to
a specific athletic competition.
(B)(i) For purposes of section 1101(a)(15)(P)(i)(b) of this
title, an alien is described in this subparagraph if the alien -
(I) performs with or is an integral and essential part of the
performance of an entertainment group that has (except as
provided in clause (ii)) been recognized internationally as being
outstanding in the discipline for a sustained and substantial
period of time,
(II) in the case of a performer or entertainer, except as
provided in clause (iii), has had a sustained and substantial
relationship with that group (ordinarily for at least one year)
and provides functions integral to the performance of the group,
and
(III) seeks to enter the United States temporarily and solely
for the purpose of performing as such a performer or entertainer
or as an integral and essential part of a performance.
(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a sustained
and substantial period of time, the Attorney General may, in
consideration of special circumstances, waive the international
recognition requirement of clause (i)(I).
(iii)(I) The one-year relationship requirement of clause (i)(II)
shall not apply to 25 percent of the performers and entertainers in
a group.
(II) The Attorney General may waive such one-year relationship
requirement for an alien who because of illness or unanticipated
and exigent circumstances replaces an essential member of the group
and for an alien who augments the group by performing a critical
role.
(iv) The requirements of subclauses (I) and (II) of clause (i)
shall not apply to alien circus personnel who perform as part of a
circus or circus group or who constitute an integral and essential
part of the performance of such circus or circus group, but only if
such personnel are entering the United States to join a circus that
has been recognized nationally as outstanding for a sustained and
substantial period of time or as part of such a circus.
(C) A person may petition the Attorney General for classification
of an alien as a nonimmigrant under section 1101(a)(15)(P) of this
title.
(D) The Attorney General shall approve petitions under this
subsection with respect to nonimmigrants described in clause (i) or
(iii) of section 1101(a)(15)(P) of this title only after
consultation in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this
subsection for nonimmigrants described in section
1101(a)(15)(P)(ii) of this title only after consultation with labor
organizations representing artists and entertainers in the United
States.
(5)(A) In the case of an alien who is provided nonimmigrant
status under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b)
of this title and who is dismissed from employment by the employer
before the end of the period of authorized admission, the employer
shall be liable for the reasonable costs of return transportation
of the alien abroad.
(B) In the case of an alien who is admitted to the United States
in nonimmigrant status under section 1101(a)(15)(O) or
1101(a)(15)(P) of this title and whose employment terminates for
reasons other than voluntary resignation, the employer whose offer
of employment formed the basis of such nonimmigrant status and the
petitioner are jointly and severally liable for the reasonable cost
of return transportation of the alien abroad. The petitioner shall
provide assurance satisfactory to the Attorney General that the
reasonable cost of that transportation will be provided.
(6)(A)(i) To meet the consultation requirement of paragraph
(3)(A) in the case of a petition for a nonimmigrant described in
section 1101(a)(15)(O)(i) of this title (other than with respect to
aliens seeking entry for a motion picture or television
production), the petitioner shall submit with the petition an
advisory opinion from a peer group (or other person or persons of
its choosing, which may include a labor organization) with
expertise in the specific field involved.
(ii) To meet the consultation requirement of paragraph (3)(B) in
the case of a petition for a nonimmigrant described in section
1101(a)(15)(O)(ii) of this title (other than with respect to aliens
seeking entry for a motion picture or television production), the
petitioner shall submit with the petition an advisory opinion from
a labor organization with expertise in the skill area involved.
(iii) To meet the consultation requirement of paragraph (4)(D) in
the case of a petition for a nonimmigrant described in section
1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title, the
petitioner shall submit with the petition an advisory opinion from
a labor organization with expertise in the specific field of
athletics or entertainment involved.
(B) To meet the consultation requirements of subparagraph (A),
unless the petitioner submits with the petition an advisory opinion
from an appropriate labor organization, the Attorney General shall
forward a copy of the petition and all supporting documentation to
the national office of an appropriate labor organization within 5
days of the date of receipt of the petition. If there is a
collective bargaining representative of an employer's employees in
the occupational classification for which the alien is being
sought, that representative shall be the appropriate labor
organization.
(C) In those cases in which a petitioner described in
subparagraph (A) establishes that an appropriate peer group
(including a labor organization) does not exist, the Attorney
General shall adjudicate the petition without requiring an advisory
opinion.
(D) Any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall have
no more than 15 days following the date of receipt of such
documents within which to submit a written advisory opinion or
comment or to provide a letter of no objection. Once the 15-day
period has expired and the petitioner has had an opportunity, where
appropriate, to supply rebuttal evidence, the Attorney General
shall adjudicate such petition in no more than 14 days. The
Attorney General may shorten any specified time period for
emergency reasons if no unreasonable burden would be thus imposed
on any participant in the process.
(E)(i) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
artists or entertainers described in section 1101(a)(15)(O) or
1101(a)(15)(P) of this title to accommodate the exigencies and
scheduling of a given production or event.
(ii) The Attorney General shall establish by regulation expedited
consultation procedures in the case of nonimmigrant athletes
described in section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this
title in the case of emergency circumstances (including trades
during a season).
(F) No consultation required under this subsection by the
Attorney General with a nongovernmental entity shall be construed
as permitting the Attorney General to delegate any authority under
this subsection to such an entity. The Attorney General shall give
such weight to advisory opinions provided under this section as the
Attorney General determines, in his sole discretion, to be
appropriate.
(7) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the determination
and the reasons for the denial and of the process by which the
petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the Committees
on the Judiciary of the House of Representatives and of the Senate
a report describing, with respect to petitions under each
subcategory of subparagraphs (H), (O), (P), and (Q) of section
1101(a)(15) of this title the following:
(A) The number of such petitions which have been filed.
(B) The number of such petitions which have been approved and
the number of workers (by occupation) included in such approved
petitions.
(C) The number of such petitions which have been denied and the
number of workers (by occupation) requested in such denied
petitions.
(D) The number of such petitions which have been withdrawn.
(E) The number of such petitions which are awaiting final
action.
(9)(A) The Attorney General shall impose a fee on an employer
(excluding an employer described in subparagraph (A) or (B) of
section 1182(p)(1) of this title) filing (on or after December 1,
1998, and before October 1, 2001) a petition under paragraph (1) -
(i) initially to grant an alien nonimmigrant status described
in section 1101(a)(15)(H)(i)(b) of this title;
(ii) to extend the stay of an alien having such status (unless
the employer previously has obtained an extension for such
alien); or
(iii) to obtain authorization for an alien having such status
to change employers.
(B) The amount of the fee shall be $500 for each such petition.
(C) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 1356(s) of this title.
(d) Issuance of visa to fiancee or fiance of citizen
A visa shall not be issued under the provisions of section
1101(a)(15)(K) of this title until the consular officer has
received a petition filed in the United States by the fiancee and
fiance of the applying alien and approved by the Attorney General.
The petition shall be in such form and contain such information as
the Attorney General shall, by regulation, prescribe. It shall be
approved only after satisfactory evidence is submitted by the
petitioner to establish that the parties have previously met in
person within 2 years before the date of filing the petition, have
a bona fide intention to marry, and are legally able and actually
willing to conclude a valid marriage in the United States within a
period of ninety days after the alien's arrival, except that the
Attorney General in his discretion may waive the requirement that
the parties have previously met in person. In the event the
marriage with the petitioner does not occur within three months
after the admission of the said alien and minor children, they
shall be required to depart from the United States and upon failure
to do so shall be removed in accordance with sections 1229a and
1231 of this title.
(e) Nonimmigrant professionals and annual numerical limit
(1) Notwithstanding any other provision of this chapter, an alien
who is a citizen of Canada and seeks to enter the United States
under and pursuant to the provisions of Annex 1502.1 (United States
of America), Part C - Professionals, of the United States-Canada
Free-Trade Agreement to engage in business activities at a
professional level as provided for therein may be admitted for such
purpose under regulations of the Attorney General promulgated after
consultation with the Secretaries of State and Labor.
(2) An alien who is a citizen of Canada or Mexico, and the spouse
and children of any such alien if accompanying or following to join
such alien, who seeks to enter the United States under and pursuant
to the provisions of Section D of Annex 1603 of the North American
Free Trade Agreement (in this subsection referred to as ''NAFTA'')
to engage in business activities at a professional level as
provided for in such Annex, may be admitted for such purpose under
regulations of the Attorney General promulgated after consultation
with the Secretaries of State and Labor. For purposes of this
chapter, including the issuance of entry documents and the
application of subsection (b) of this section, such alien shall be
treated as if seeking classification, or classifiable, as a
nonimmigrant under section 1101(a)(15) of this title. The
admission of an alien who is a citizen of Mexico shall be subject
to paragraphs (3), (4), and (5). For purposes of this paragraph and
paragraphs (3), (4), and (5), the term ''citizen of Mexico'' means
''citizen'' as defined in Annex 1608 of NAFTA.
(3) The Attorney General shall establish an annual numerical
limit on admissions under paragraph (2) of aliens who are citizens
of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the
NAFTA. Subject to paragraph (4), the annual numerical limit -
(A) beginning with the second year that NAFTA is in force, may
be increased in accordance with the provisions of paragraph 5(a)
of Section D of such Annex, and
(B) shall cease to apply as provided for in paragraph 3 of such
Appendix.
(4) The annual numerical limit referred to in paragraph (3) may
be increased or shall cease to apply (other than by operation of
paragraph 3 of such Appendix) only if -
(A) the President has obtained advice regarding the proposed
action from the appropriate advisory committees established under
section 2155 of title 19;
(B) the President has submitted a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives that sets forth -
(i) the action proposed to be taken and the reasons therefor,
and
(ii) the advice obtained under subparagraph (A);
(C) a period of at least 60 calendar days that begins on the
first day on which the President has met the requirements of
subparagraphs (A) and (B) with respect to such action has
expired; and
(D) the President has consulted with such committees regarding
the proposed action during the period referred to in subparagraph
(C).
(5) During the period that the provisions of Appendix 1603.D.4 of
Annex 1603 of the NAFTA apply, the entry of an alien who is a
citizen of Mexico under and pursuant to the provisions of Section D
of Annex 1603 of NAFTA shall be subject to the attestation
requirement of section 1182(m) of this title, in the case of a
registered nurse, or the application requirement of section 1182(n)
of this title, in the case of all other professions set out in
Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition
requirement of subsection (c) of this section, to the extent and in
the manner prescribed in regulations promulgated by the Secretary
of Labor, with respect to sections 1182(m) and 1182(n) of this
title, and the Attorney General, with respect to subsection (c) of
this section.
(f) Denial of crewmember status in case of certain labor disputes
(1) Except as provided in paragraph (3), no alien shall be
entitled to nonimmigrant status described in section 1101(a)(15)(D)
of this title if the alien intends to land for the purpose of
performing service on board a vessel of the United States (as
defined in section 2101(46) of title 46) or on an aircraft of an
air carrier (as defined in section 40102(a)(2) of title 49) during
a labor dispute where there is a strike or lockout in the
bargaining unit of the employer in which the alien intends to
perform such service.
(2) An alien described in paragraph (1) -
(A) may not be paroled into the United States pursuant to
section 1182(d)(5) of this title unless the Attorney General
determines that the parole of such alien is necessary to protect
the national security of the United States; and
(B) shall be considered not to be a bona fide crewman for
purposes of section 1282(b) of this title.
(3) Paragraph (1) shall not apply to an alien if the air carrier
or owner or operator of such vessel that employs the alien provides
documentation that satisfies the Attorney General that the alien -
(A) has been an employee of such employer for a period of not
less than 1 year preceding the date that a strike or lawful
lockout commenced;
(B) has served as a qualified crewman for such employer at
least once in each of 3 months during the 12-month period
preceding such date; and
(C) shall continue to provide the same services that such alien
provided as such a crewman.
(g) Temporary workers and trainees; limitation on numbers
(1) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
(beginning with fiscal year 1992) -
(A) under section 1101(a)(15)(H)(i)(b) of this title, may not
exceed -
(i) 65,000 in each fiscal year before fiscal year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 107,500 in fiscal year 2001; and
(v) 65,000 in each succeeding fiscal year; or
(B) under section 1101(a)(15)(H)(ii)(b) of this title may not
exceed 66,000.
(2) The numerical limitations of paragraph (1) shall only apply
to principal aliens and not to the spouses or children of such
aliens.
(3) Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided
nonimmigrant status) in the order in which petitions are filed for
such visas or status.
(4) In the case of a nonimmigrant described in section
1101(a)(15)(H)(i)(b) of this title, the period of authorized
admission as such a nonimmigrant may not exceed 6 years.
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a
preference status filed under section 1154 of this title or has
otherwise sought permanent residence in the United States shall not
constitute evidence of an intention to abandon a foreign residence
for purposes of obtaining a visa as a nonimmigrant described in
subparagraph (H)(i) or (L) of section 1101(a)(15) of this title or
otherwise obtaining or maintaining the status of a nonimmigrant
described in such subparagraph, if the alien had obtained a change
of status under section 1258 of this title to a classification as
such a nonimmigrant before the alien's most recent departure from
the United States.
(i) ''Specialty occupation'' defined
(1) For purposes of section 1101(a)(15)(H)(i)(b) of this title
and paragraph (2), the term ''specialty occupation'' means an
occupation that requires -
(A) theoretical and practical application of a body of highly
specialized knowledge, and
(B) attainment of a bachelor's or higher degree in the specific
specialty (or its equivalent) as a minimum for entry into the
occupation in the United States.
(2) For purposes of section 1101(a)(15)(H)(i)(b) of this title,
the requirements of this paragraph, with respect to a specialty
occupation, are -
(A) full state licensure to practice in the occupation, if such
licensure is required to practice in the occupation,
(B) completion of the degree described in paragraph (1)(B) for
the occupation, or
(C)(i) experience in the specialty equivalent to the completion
of such degree, and (ii) recognition of expertise in the
specialty through progressively responsible positions relating to
the specialty.
(j) Labor disputes
Notwithstanding any other provision of this chapter, an alien who
is a citizen of Canada or Mexico who seeks to enter the United
States under and pursuant to the provisions of Section B, Section
C, or Section D of Annex 1603 of the North American Free Trade
Agreement, shall not be classified as a nonimmigrant under such
provisions if there is in progress a strike or lockout in the
course of a labor dispute in the occupational classification at the
place or intended place of employment, unless such alien
establishes, pursuant to regulations promulgated by the Attorney
General, that the alien's entry will not affect adversely the
settlement of the strike or lockout or the employment of any person
who is involved in the strike or lockout. Notice of a
determination under this subsection shall be given as may be
required by paragraph 3 of article 1603 of such Agreement. For
purposes of this subsection, the term ''citizen of Mexico'' means
''citizen'' as defined in Annex 1608 of such Agreement.
(k) Numerical limitations; period of admission; conditions for
admission and stay; annual report
(1) The number of aliens who may be provided a visa as
nonimmigrants under section 1101(a)(15)(S)(i) of this title in any
fiscal year may not exceed 200. The number of aliens who may be
provided a visa as nonimmigrants under section 1101(a)(15)(S)(ii)
of this title in any fiscal year may not exceed 50.
(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after September 13, 1994.
(3) The period of admission of an alien as such a nonimmigrant
may not exceed 3 years. Such period may not be extended by the
Attorney General.
(4) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant -
(A) shall report not less often than quarterly to the Attorney
General such information concerning the alien's whereabouts and
activities as the Attorney General may require;
(B) may not be convicted of any criminal offense punishable by
a term of imprisonment of 1 year or more after the date of such
admission;
(C) must have executed a form that waives the nonimmigrant's
right to contest, other than on the basis of an application for
withholding of removal, any action for removal of the alien
instituted before the alien obtains lawful permanent resident
status; and
(D) shall abide by any other condition, limitation, or
restriction imposed by the Attorney General.
(5) The Attorney General shall submit a report annually to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate concerning -
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such aliens;
(C) the number of terrorist acts prevented or frustrated
resulting from cooperation of such aliens;
(D) the number of such nonimmigrants whose admission or
cooperation has not resulted in successful criminal prosecution
or investigation or the prevention or frustration of a terrorist
act; and
(E) the number of such nonimmigrants who have failed to report
quarterly (as required under paragraph (4)) or who have been
convicted of crimes in the United States after the date of their
admission as such a nonimmigrant.
(l) (FOOTNOTE 1) Restrictions on waiver
(FOOTNOTE 1) So in original. Two subsecs. (l) have been
enacted.
(1) In the case of a request by an interested State agency, or by
an interested Federal agency, for a waiver of the 2-year foreign
residence requirement under section 1182(e) of this title on behalf
of an alien described in clause (iii) of such section, the Attorney
General shall not grant such 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) in the case of a request by an interested State agency, the
grant of such waiver would not cause the number of waivers
allotted for that State for that fiscal year to exceed 20;
(C) in the case of a request by an interested Federal agency or
by an interested State agency -
(i) the alien demonstrates a bona fide offer of full-time
employment at a health facility or health care organization,
which employment has been determined by the Attorney General to
be in the public interest; and
(ii) the alien agrees to begin employment with the health
facility or health care organization within 90 days of
receiving such waiver, and agrees to continue to work for a
total of not less than 3 years (unless the Attorney General
determines that extenuating circumstances exist, such as
closure of the facility or hardship to the alien, which would
justify a lesser period of employment at such health facility
or health care organization, in which case the alien must
demonstrate another bona fide offer of employment at a health
facility or health care organization for the remainder of such
3-year period); and
(D) in the case of a request by an interested Federal agency
(other than a request by an interested Federal agency to employ
the alien full-time in medical research or training) or by an
interested State agency, the alien agrees to practice medicine in
accordance with paragraph (2) for a total of not less than 3
years only in the geographic area or areas which are designated
by the Secretary of Health and Human Services as having a
shortage of health care professionals, except that, in the case
of a request by the Department of Veterans Affairs, the alien
shall not be required to practice medicine in a geographic area
designated by the Secretary.
(2)(A) Notwithstanding section 1258(2) of this title, the
Attorney General may change the status of an alien who qualifies
under this subsection and section 1182(e) of this title to that of
an alien described in section 1101(a)(15)(H)(i)(b) of this title.
(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 health facility or health care organization 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 it is established that such person has
resided and been physically present in the country of his
nationality or his last residence for an aggregate of at least 2
years following departure from the United States.
(3) Notwithstanding any other provision of this subsection, the
2-year foreign residence requirement under section 1182(e) of this
title shall apply with respect to an alien described in clause
(iii) of such section, who has not otherwise been accorded status
under section 1101(a)(27)(H) of this title, if -
(A) at any time the alien ceases to comply with any agreement
entered into under subparagraph (C) or (D) of paragraph (1); or
(B) the alien's employment ceases to benefit the public
interest at any time during the 3-year period described in
paragraph (1)(C).
(l) (FOOTNOTE 1) Nonimmigrant elementary and secondary school
students
(1) An alien may not be accorded status as a nonimmigrant under
section 1101(a)(15)(F)(i) of this title in order to pursue a course
of study -
(A) at a public elementary school or in a publicly funded adult
education program; or
(B) at a public secondary school unless -
(i) the aggregate period of such status at such a school does
not exceed 12 months with respect to any alien, and (ii) the
alien demonstrates that the alien has reimbursed the local
educational agency that administers the school for the full,
unsubsidized per capita cost of providing education at such
school for the period of the alien's attendance.
(2) An alien who obtains the status of a nonimmigrant under
section 1101(a)(15)(F)(i) of this title in order to pursue a
course of study at a private elementary or secondary school or in
a language training program that is not publicly funded shall be
considered to have violated such status, and the alien's visa
under section 1101(a)(15)(F) of this title shall be void, if the
alien terminates or abandons such course of study at such a
school and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a
publicly funded adult education language training program, or at
a public secondary school (unless the requirements of paragraph
(1)(B) are met).
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 214, 66 Stat. 189;
Pub. L. 91-225, Sec. 3, Apr. 7, 1970, 84 Stat. 117; Pub. L. 98-454,
title VI, Sec. 602(b), Oct. 5, 1984, 98 Stat. 1737; Pub. L. 99-603,
title III, Sec. 301(b), 313(b), Nov. 6, 1986, 100 Stat. 3411, 3438;
Pub. L. 99-639, Sec. 3(a), (c), Nov. 10, 1986, 100 Stat. 3542; Pub.
L. 100-449, title III, Sec. 307(b), Sept. 28, 1988, 102 Stat. 1877;
Pub. L. 100-525, Sec. 2(l)(1), Oct. 24, 1988, 102 Stat. 2612; Pub.
L. 101-649, title II, Sec. 202(a), 205(a), (b), (c)(2), 206(b),
207(b), Nov. 29, 1990, 104 Stat. 5014, 5019, 5020, 5023, 5025; Pub.
L. 102-232, title II, Sec. 202(a), 203(b), 204, 205(d), (e),
206(a), (c)(2), 207(a), (c)(1), title III, Sec. 303(a)(10)-(12),
Dec. 12, 1991, 105 Stat. 1737-1741, 1748; Pub. L. 103-182, title
III, Sec. 341(b), (c), Dec. 8, 1993, 107 Stat. 2116, 2117; Pub. L.
103-322, title XIII, Sec. 130003(b)(2), Sept. 13, 1994, 108 Stat.
2025; Pub. L. 103-416, title II, Sec. 220(b), Oct. 25, 1994, 108
Stat. 4319; Pub. L. 104-208, div. C, title III, Sec. 308(e)(1)(D),
(2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A), title VI,
Sec. 621, 622(c), 625(a)(1), 671(a)(3)(A), (e)(4)(A), Sept. 30,
1996, 110 Stat. 3009-619 to 3009-621, 3009-623, 3009-695, 3009-699,
3009-721, 3009-723; Pub. L. 105-65, title I, Sec. 108, Oct. 27,
1997, 111 Stat. 1350; Pub. L. 105-277, div. C, title IV, Sec.
411(a), 414(a), Oct. 21, 1998, 112 Stat. 2681-642, 2681-651.)
-REFTEXT-
REFERENCES IN TEXT
The International Organizations Immunities Act, referred to in
subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669,
as amended, which is classified principally to subchapter XVIII
(Sec. 288 et seq.) of chapter 7 of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 288 of Title 22 and
Tables.
-MISC2-
AMENDMENTS
1998 - Subsec. (c)(9). Pub. L. 105-277, Sec. 414(a), added par.
(9).
Subsec. (g)(1)(A). Pub. L. 105-277, Sec. 411(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
''under section 1101(a)(15)(H)(i)(b) of this title may not exceed
65,000, or''.
1997 - Subsec. (l)(1)(D). Pub. L. 105-65 inserted before period
at end '', except that, in the case of a request by the Department
of Veterans Affairs, the alien shall not be required to practice
medicine in a geographic area designated by the Secretary''.
1996 - Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(f)(1)(G),
substituted ''admission'' for ''entry''.
Subsec. (c)(5)(B). Pub. L. 104-208, Sec. 308(f)(3)(B),
substituted ''is admitted to'' for ''enters''.
Subsec. (d). Pub. L. 104-208, Sec. 308(g)(5)(A)(i), (7)(A),
substituted ''sections 1229a and 1231'' for ''sections 1252 and
1253''.
Pub. L. 104-208, Sec. 308(f)(1)(H), substituted ''admission'' for
''entry''.
Pub. L. 104-208, Sec. 308(e)(2)(B), substituted ''removed'' for
''deported''.
Subsec. (f)(1). Pub. L. 104-208, Sec. 671(e)(4)(A), substituted
''section 40102(a)(2) of title 49'' for ''section 101(3) of the
Federal Aviation Act of 1958''.
Subsec. (j). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
subsec. (j), relating to numerical limitations on the number of
aliens provided with nonimmigrant visas, as (k).
Subsec. (j)(1). Pub. L. 104-208, Sec. 621, substituted ''200''
for ''100'' and ''50'' for ''25''.
Subsec. (k). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
subsec. (j), relating to numerical limitations on the number of
aliens provided with nonimmigrant visas, as (k). Former (k)
redesignated (l).
Pub. L. 104-208, Sec. 622(c), amended subsec. (k) generally,
substituting provisions relating to requests by interested State
and Federal agencies for waivers of the two-year foreign residence
requirement under section 1182(e) of this title for former
provisions relating to requests by interested State agencies for
such waivers.
Subsec. (k)(4)(C). Pub. L. 104-208, Sec. 308(e)(1)(D), amended
subsec. (k)(4)(C), as redesignated by Pub. L. 104-208, Sec.
671(a)(3)(A), by substituting ''removal'' for ''deportation''.
Subsec. (l). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
subsec. (k) as (l).
Pub. L. 104-208, Sec. 625(a)(1), added subsec. (l) relating to
nonimmigrant elementary and secondary school students.
1994 - Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to
numerical limitations on the number of aliens provided with
nonimmigrant visas.
Subsec. (k). Pub. L. 103-416 added subsec. (k).
1993 - Subsec. (e). Pub. L. 103-182, Sec. 341(b), designated
existing provisions as par. (1) and added pars. (2) to (5).
Subsec. (j). Pub. L. 103-182, Sec. 341(c), added subsec. (j).
1991 - Subsec. (a)(2)(A). Pub. L. 102-232, Sec. 303(a)(11),
substituted ''described in section 1101(a)(15)(O)'' for ''under
section 1101(a)(15)(O)''.
Pub. L. 102-232, Sec. 205(d), inserted ''(or events)'' after
''event''.
Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 206(a), designated cl.
(i) as subpar. (B) and struck out cl. (ii) which read as follows:
''An alien who is admitted as a nonimmigrant under clause (ii) or
(iii) of section 1101(a)(15)(P) of this title may not be readmitted
as such a nonimmigrant unless the alien has remained outside the
United States for at least 3 months after the date of the most
recent admission. The Attorney General may waive the application
of the previous sentence in the case of individual tours in which
the application would work an undue hardship.''
Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 303(a)(10)(A),
substituted ''individual petitions'' for ''individuals petitions''.
Subsec. (c)(2)(D). Pub. L. 102-232, Sec. 303(a)(10)(B),
substituted ''involves'' for ''involved''.
Subsec. (c)(3). Pub. L. 102-232, Sec. 205(e), inserted at end
''The Attorney General shall provide by regulation for the waiver
of the consultation requirement under subparagraph (A) in the case
of aliens who have been admitted as nonimmigrants under section
1101(a)(15)(O)(i) of this title because of extraordinary ability in
the arts and who seek readmission to perform similar services
within 2 years after the date of a consultation under such
subparagraph. Not later than 5 days after the date such a waiver
is provided, the Attorney General shall forward a copy of the
petition and all supporting documentation to the national office of
an appropriate labor organization.''
Subsec. (c)(3)(A). Pub. L. 102-232, Sec. 204(1), substituted
''after consultation in accordance with paragraph (6)'' for ''after
consultation with peer groups in the area of the alien's ability''.
Subsec. (c)(3)(B). Pub. L. 102-232, Sec. 204(2), substituted
''after consultation in accordance with paragraph (6) or, in the
case of such an alien seeking entry for a motion picture or
television production, after consultation with such a labor
organization and a management organization in the area of the
alien's ability'' for ''after consultation with labor organizations
with expertise in the skill area involved''.
Subsec. (c)(4)(A), (B). Pub. L. 102-232, Sec. 203(b), added
subpars. (A) and (B) and redesignated former subpars. (A) and (B)
as (C) and (D), respectively.
Subsec. (c)(4)(C). Pub. L. 102-232, Sec. 204(3), struck out
''clause (ii) of'' after ''under''.
Pub. L. 102-232, Sec. 203(b), redesignated subpar. (A) as (C).
Former subpar. (C) redesignated (E).
Subsec. (c)(4)(D). Pub. L. 102-232, Sec. 204(4), substituted
''after consultation in accordance with paragraph (6)'' for ''after
consultation with labor organizations with expertise in the
specific field of athletics or entertainment involved''.
Pub. L. 102-232, Sec. 203(b), redesignated subpar. (B) as (D).
Subsec. (c)(4)(E). Pub. L. 102-232, Sec. 206(c)(2), struck out
before period at end '', in order to assure reciprocity in fact
with foreign states''.
Pub. L. 102-232, Sec. 203(b), redesignated subpar. (C) as (E).
Subsec. (c)(5). Pub. L. 102-232, Sec. 207(a), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(5)(A). Pub. L. 102-232, Sec. 303(a)(12), substituted
''1101(a)(15)(H)(ii)(b)'' for ''1101(H)(ii)(b)''.
Subsec. (c)(6), (7). Pub. L. 102-232, Sec. 204(5), (6), added
par. (6) and redesignated former par. (6) as (7).
Subsec. (c)(8). Pub. L. 102-232, Sec. 207(c)(1), added par. (8).
Subsec. (g)(1). Pub. L. 102-232, Sec. 202(a), inserted ''or'' at
end of subpar. (A), substituted a period for '', or'' at end of
subpar. (B), and struck out subpar. (C) which read as follows:
''under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of
this title may not exceed 25,000.''
1990 - Subsec. (a). Pub. L. 101-649, Sec. 207(b)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 101-649, Sec. 205(b)(1), inserted ''(other
than a nonimmigrant described in subparagraph (H)(i) or (L) of
section 1101(a)(15) of this title)'' after ''Every alien''.
Subsec. (c). Pub. L. 101-649, Sec. 206(b), 207(b)(2)(B),
designated existing provisions as par. (1), substituted reference
to section 1101(a)(15)(H), (L), (O), or (P)(i) of this title for
reference to section 1101(a)(15)(H) or (L) of this title, and added
pars. (2) to (6).
Subsec. (f). Pub. L. 101-649, Sec. 202(a), added subsec. (f).
Subsecs. (g) to (i). Pub. L. 101-649, Sec. 205(a), (b)(2),
(c)(2), added subsecs. (g) to (i).
1988 - Subsec. (c). Pub. L. 100-525, Sec. 2(l)(1), amended Pub.
L. 99-603, Sec. 301(b). See 1986 Amendment note below.
Subsec. (e). Pub. L. 100-449 added subsec. (e).
1986 - Subsec. (a). Pub. L. 99-603, Sec. 313(b), inserted
provision directing that no alien admitted without a visa pursuant
to section 1187 of this title may be authorized to remain in the
United States as a nonimmigrant visitor for a period exceeding 90
days from the date of admission.
Subsec. (c). Pub. L. 99-603, Sec. 301(b), as amended by Pub. L.
100-525, Sec. 2(l)(1), inserted provisions relating to
nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this
title.
Subsec. (d). Pub. L. 99-639, Sec. 3(a), substituted ''have
previously met in person within 2 years before the date of filing
the petition, have a bona fide intention to marry,'' for ''have a
bona fide intention to marry'', and inserted '', except that the
Attorney General in his discretion may waive the requirement that
the parties have previously met in person''.
Pub. L. 99-639, Sec. 3(c), struck out last sentence which read:
''In the event the marriage between the said alien and the
petitioner shall occur within three months after the entry and they
are found otherwise admissible, the Attorney General shall record
the lawful admission for permanent residence of the alien and minor
children as of the date of the payment of the required visa fees.''
1984 - Subsec. (a). Pub. L. 98-454 inserted ''No alien admitted
to Guam without a visa pursuant to section 1182(l) of this title
may be authorized to enter or stay in the United States other than
in Guam or to remain in Guam for a period exceeding fifteen days
from date of admission to Guam.''
1970 - Subsec. (c). Pub. L. 91-225, Sec. 3(a), inserted reference
to subpar. (L) of section 1101(a)(15) of this title.
Subsec. (d). Pub. L. 91-225, Sec. 3(b), added subsec. (d).
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-277, div. C, title IV, Sec. 411(b), Oct. 21, 1998,
112 Stat. 2681-642, provided that: ''The amendment made by
subsection (a) (amending this section) applies beginning with
fiscal year 1999.''
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H),
(3)(B), (g)(5)(A)(i), (7)(A) of Pub. L. 104-208 effective, with
certain transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of this title.
Amendment by section 625(a)(1) of Pub. L. 104-208 applicable to
individuals who obtain status of nonimmigrant under section
1101(a)(15)(F) of this title after end of 60-day period beginning
Sept. 30, 1996, including aliens whose status as such a
nonimmigrant is extended after end of such period, see section
625(c) of Pub. L. 104-208, set out as a note under section 1101 of
this title.
Amendment by section 671(a)(3)(A) of Pub. L. 104-208 effective as
if included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
Pub. L. 104-208, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-416 applicable to aliens admitted to
United States under section 1101(a)(15)(J) of this title, or
acquiring such status after admission to United States, before, on,
or after Oct. 25, 1994, and before June 1, 2002, see section 220(c)
of Pub. L. 103-416, as amended, set out as an Effective and
Termination Dates of 1994 Amendments note under section 1182 of
this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-182 effective on date the North American
Free Trade Agreement enters into force with respect to the United
States (Jan. 1, 1994), see section 342 of Pub. L. 103-182, set out
as a note under section 3401 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a),
(c)(2), 207(a), (c)(1) of Pub. L. 102-232 effective Apr. 1, 1992,
see section 208 of Pub. L. 102-232, set out as a note under section
1101 of this title.
Amendment by section 303(a)(10)-(12) of Pub. L. 102-232 effective
as if included in the enactment of the Immigration Act of 1990,
Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 202(a) of Pub. L. 101-649 effective 60 days
after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649, set out
as a note under section 1182 of this title.
Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of
Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L.
101-649, set out as a note under section 1101 of this title.
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS
Amendment by Pub. L. 100-525 effective as if included in
enactment of Immigration Reform and Control Act of 1986, Pub. L.
99-603, see section 2(s) of Pub. L. 100-525, set out as an
Effective Date of 1988 Amendment note under section 1101 of this
title.
Amendment by Pub. L. 100-449 effective on the date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1,
1989), and to cease to have effect on the date the Agreement ceases
to be in force, see section 501(a), (c) of Pub. L. 100-449, set out
in a note under section 2112 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 3(d)(1), (3) of Pub. L. 99-639 provided that:
''(1) The amendments made by subsection (a) (amending this
section) shall apply to petitions approved on or after the date of
the enactment of this Act (Nov. 10, 1986).
''(3) The amendment made by subsection (c) (amending this
section) shall apply to aliens issued visas under section
101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)) on or after the date of the enactment of this
Act.''
Amendment by section 301(b) of Pub. L. 99-603 applicable to
petitions and applications filed under sections 1184(c) and 1188 of
this title on or after the first day of the seventh month beginning
after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as
amended, set out as an Effective Date note under section 1188 of
this title.
IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS
Pub. L. 105-277, div. C, title IV, Sec. 416, Oct. 21, 1998, 112
Stat. 2681-655, provided that:
''(a) Ensuring Accurate Count. - The Attorney General shall take
such steps as are necessary to maintain an accurate count of the
number of aliens subject to the numerical limitations of section
214(g)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)) who are issued visas or otherwise provided nonimmigrant
status.
''(b) Revision of Petition Forms. - The Attorney General shall
take such steps as are necessary to revise the forms used for
petitions for visas or nonimmigrant status under clause (i)(b) or
(ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the forms
provide the Attorney General with sufficient information to permit
the Attorney General accurately to count the number of aliens
subject to the numerical limitations of section 214(g)(1) of such
Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise
provided nonimmigrant status.
''(c) Provision of Information. -
''(1) Quarterly notification. - Beginning not later than 60
days after the first day of fiscal year 1999, the Attorney
General shall notify, on a quarterly basis, the Committees on the
Judiciary of the United States House of Representatives and the
Senate of the numbers of aliens who were issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)) during the preceding 3-month period.
''(2) Annual submission. - Beginning with fiscal year 2000, the
Attorney General shall submit on an annual basis, to the
Committees on the Judiciary of the United States House of
Representatives and the Senate, information on the countries of
origin and occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) during the previous fiscal year. With
respect to the first submission under this paragraph, the
information shall relate solely to aliens provided nonimmigrant
status after the date that is 60 days after the date on which
final regulations are issued to carry out section 412(a)
(amending section 1182 of this title).
''(3) Specification of number of petitions filed by certain
employers. - Each notification under paragraph (1), and each
submission under paragraph (2), shall include the number of
aliens who were issued visas or otherwise provided nonimmigrant
status pursuant to petitions filed by institutions or
organizations described in section 212(p)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(p)(1)) (as added by section
415 of this title).''
REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF H-1B NONIMMIGRANT
INCREASE
Pub. L. 105-277, div. C, title IV, Sec. 418(b), Oct. 21, 1998,
112 Stat. 2681-657, provided that: ''The Chairman of the Board of
Governors of the Federal Reserve System, the Director of the Office
of Management and Budget, the Chair of the Council of Economic
Advisers, the Secretary of the Treasury, the Secretary of Commerce,
the Secretary of Labor, and any other member of the Cabinet, shall
promptly report to the Congress the results of any reliable study
that suggests, based on legitimate economic analysis, that the
increase effected by section 411(a) of this title (amending this
section) in the number of aliens who may be issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)) has had an impact on any national
economic indicator, such as the level of inflation or unemployment,
that warrants action by the Congress.''
DEADLINE FOR FIRST REPORT WITH RESPECT TO PETITIONS
Section 207(c)(2) of Pub. L. 102-232 provided that: ''The first
report under section 214(c)(8) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(8)) shall be provided not later than April 1,
1993.''
DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF SUBSECTION (G)(1)(C)
OF THIS SECTION
See section 3 of Pub. L. 102-110, set out as a Delay Until April
1, 1992, in Implementation of Provisions Relating to Nonimmigrant
Artists, Athletes, Entertainers, and Fashion Models note under
section 1101 of this title.
WORK AUTHORIZATION DURING PENDING LABOR DISPUTES
Section 207(c) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided
that:
''(1) In the case of an alien admitted as a nonimmigrant (other
than under section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a))) and who is
authorized to be employed in an occupation, if nonimmigrants
constitute a majority of the members of the bargaining unit in the
occupation, during the period of any strike or lockout in the
occupation with the employer which strike or lockout is pending on
the date of the enactment of this Act (Nov. 29, 1990) the alien -
''(A) continues to be authorized to be employed in the
occupation for that employer, and
''(B) is authorized to be employed in any occupation for any
other employer so long as such strike or lockout continues with
respect to that occupation and employer.
''(2) In the case of an alien admitted as a nonimmigrant (other
than under section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act) and who is authorized to be employed in an
occupation, if nonimmigrants do not constitute a majority of the
members of the bargaining unit in the occupation, during the period
of any strike or lockout in the occupation with the employer which
strike or lockout is pending on the date of the enactment of this
Act the alien -
''(A) is not authorized to be employed in the occupation for
that employer, and
''(B) is authorized to be employed in any occupation for any
other employer so long as there is no strike or lockout with
respect to that occupation and employer.
''(3) With respect to a nonimmigrant described in paragraph (1)
or (2) who does not perform unauthorized employment, any limit on
the period of authorized stay shall be extended by the period of
the strike or lockout, except that any such extension may not
continue beyond the maximum authorized period of stay.
''(4) The provisions of this subsection shall take effect on the
date of the enactment of this Act.''
OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS)
Section 221 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub.
L. 103-416, title II, Sec. 215(a), Oct. 25, 1994, 108 Stat. 4315,
provided that:
''(a) 5-Year Provision. - With respect to work authorization for
aliens admitted as nonimmigrant students described in subparagraph
(F) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) during the 5-year period beginning October 1,
1991, the Attorney General shall grant such an alien work
authorization to be employed off-campus if -
''(1) the alien has completed 1 academic year as such a
nonimmigrant and is maintaining good academic standing at the
educational institution,
''(2) the employer provides the educational institution and the
Secretary of Labor with an attestation that the employer (A) has
recruited for at least 60 days for the position and (B) will
provide for payment to the alien and to other similarly situated
workers at a rate equal to not less than the actual wage level
for the occupation at the place of employment or, if greater, the
prevailing wage level for the occupation in the area of
employment, and
''(3) the alien will not be employed more than 20 hours each
week during the academic term (but may be employed on a full-time
basis during vacation periods and between academic terms).
If the Secretary of Labor determines that an employer has provided
an attestation under paragraph (2) that is materially false or has
failed to pay wages in accordance with the attestation, after
notice and opportunity for a hearing, the employer shall be
disqualified from employing an alien student under this subsection.
''(b) Report to Congress. - Not later than April 1, 1996, the
Commissioner of Immigration and Naturalization and the Secretary of
Labor shall prepare and submit to the Congress a report on -
''(1) whether the program of work authorization under
subsection (a) should be extended, and
''(2) the impact of such program on prevailing wages of
workers.''
LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN
ISLANDS
Notwithstanding any other provision of law, the Attorney General
not to be authorized, on or after Sept. 30, 1982, to approve any
petition filed under subsec. (c) of this section in the case of
importing any alien as a nonimmigrant under section
1101(a)(15)(H)(ii) of this title for employment in the Virgin
Islands of the United States other than as an entertainer or as an
athlete and for a period not exceeding 45 days, see section 3 of
Pub. L. 97-271, set out as a note under section 1255 of this title.
IMPORTATION OF SHEEPHERDERS; TERMINATION OF QUOTA DEDUCTIONS
Quota deductions authorized by acts June 30, 1950, ch. 423, 64
Stat. 306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective
July 1, 1957.
CANCELLATION OF CERTAIN NONIMMIGRANT DEPARTURE BONDS
Pub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the
Attorney General, upon application made not later than July 18,
1963, to cancel any departure bond posted pursuant to the
Immigration Act of 1924, as amended, or the Immigration and
Nationality Act (this chapter), on behalf of any refugee who
entered the United States as a nonimmigrant after May 6, 1945, and
prior to July 1, 1953, and who had his immigration status adjusted
to that of an alien admitted for permanent residence pursuant to
any public or private law.
-CROSS-
CROSS REFERENCES
Bonds -
Bond or undertaking as prerequisite to admission of aliens
likely to become public charges or with certain disabilities,
see section 1183 of this title.
Bond or undertaking as prerequisite to issuance of visas to
aliens with certain physical disabilities or likely to become
public charges, see section 1201 of this title.
Exaction from excludable aliens applying for temporary
admission, see section 1182 of this title.
Forms to be prescribed by Attorney General, see section 1103 of
this title.
Definition of alien, Attorney General, consular officer,
immigrant, immigrant visa, immigration officer, nonimmigrant alien,
and United States, see section 1101 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1182, 1186, 1186a,
1201, 1255, 1356 of this title; title 26 section 3306; title 29
section 1802.
-CITE-
8 USC Sec. 1184a 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1184a. Philippine Traders as nonimmigrants
-STATUTE-
Upon a basis of reciprocity secured by agreement entered into by
the President of the United States and the President of the
Philippines, a national of the Philippines, and the spouse and
children of any such national if accompanying or following to join
him, may, if otherwise eligible for a visa and if otherwise
admissible into the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) (66 Stat. 163), be
considered to be classifiable as a nonimmigrant under section
101(a)(15)(E) of said Act if entering solely for the purposes
specified in subsection (i) or (ii) of said section.
-SOURCE-
(June 18, 1954, ch. 323, 68 Stat. 264.)
-COD-
CODIFICATION
Section was not enacted as a part of the Immigration and
Nationality Act which comprises this chapter.
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in text, is act
June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 1101 of this title and Tables.
-CITE-
8 USC Sec. 1185 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1185. Travel control of citizens and aliens
-STATUTE-
(a) Restrictions and prohibitions
Unless otherwise ordered by the President, it shall be unlawful -
(1) for any alien to depart from or enter or attempt to depart
from or enter the United States except under such reasonable
rules, regulations, and orders, and subject to such limitations
and exceptions as the President may prescribe;
(2) for any person to transport or attempt to transport from or
into the United States another person with knowledge or
reasonable cause to believe that the departure or entry of such
other person is forbidden by this section;
(3) for any person knowingly to make any false statement in an
application for permission to depart from or enter the United
States with intent to induce or secure the granting of such
permission either for himself or for another;
(4) for any person knowingly to furnish or attempt to furnish
or assist in furnishing to another a permit or evidence of
permission to depart or enter not issued and designed for such
other person's use;
(5) for any person knowingly to use or attempt to use any
permit or evidence of permission to depart or enter not issued
and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter,
or cause or procure to be forged, counterfeited, mutilated, or
altered, any permit or evidence of permission to depart from or
enter the United States;
(7) for any person knowingly to use or attempt to use or
furnish to another for use any false, forged, counterfeited,
mutilated, or altered permit, or evidence of permission, or any
permit or evidence of permission which, though originally valid,
has become or been made void or invalid.
(b) Citizens
Except as otherwise provided by the President and subject to such
limitations and exceptions as the President may authorize and
prescribe, it shall be unlawful for any citizen of the United
States to depart from or enter, or attempt to depart from or enter,
the United States unless he bears a valid United States passport.
(c) Definitions
The term ''United States'' as used in this section includes the
Canal Zone, and all territory and waters, continental or insular,
subject to the jurisdiction of the United States. The term
''person'' as used in this section shall be deemed to mean any
individual, partnership, association, company, or other
incorporated body of individuals, or corporation, or body politic.
(d) Nonadmission of certain aliens
Nothing in this section shall be construed to entitle an alien to
whom a permit to enter the United States has been issued to enter
the United States, if, upon arrival in the United States, he is
found to be inadmissible under any of the provisions of this
chapter, or any other law, relative to the entry of aliens into the
United States.
(e) Revocation of proclamation as affecting penalties
The revocation of any rule, regulation, or order issued in
pursuance of this section shall not prevent prosecution for any
offense committed, or the imposition of any penalties or
forfeitures, liability for which was incurred under this section
prior to the revocation of such rule, regulation, or order.
(f) Permits to enter
Passports, visas, reentry permits, and other documents required
for entry under this chapter may be considered as permits to enter
for the purposes of this section.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 215, 66 Stat. 190;
Pub. L. 95-426, title VII, Sec. 707(a)-(d), Oct. 7, 1978, 92 Stat.
992, 993; Pub. L. 103-416, title II, Sec. 204(a), Oct. 25, 1994,
108 Stat 4311.)
-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec. (c), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
-MISC2-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-416 inserted ''United States''
after ''valid''.
1978 - Subsec. (a). Pub. L. 95-426, Sec. 707(a), substituted
provision that the enumerated acts would, unless otherwise ordered
by the President, be deemed unlawful for provisions declaring it
unlawful when the United States is at war or during a proclaimed
national emergency, or, as to aliens, when there exists a state of
war between two or more states and the President finds that the
interests of the United States require restrictions to be imposed
upon departure of persons from and their entry into the United
States.
Subsec. (b). Pub. L. 95-426, Sec. 707(b), substituted provisions
prohibiting departure or entry except as otherwise provided by the
President and subject to such limitations and exceptions as he may
authorize or prescribe, for provisions prohibiting such departure
or entry after proclamation of a national emergency has been made,
published and in force.
Subsec. (c). Pub. L. 95-426, Sec. 707(d), redesignated subsec.
(d) as (c). Former subsec. (c), which provided for penalties for
violation of this section, was struck out.
Subsec. (d). Pub. L. 95-426, Sec. 707(d), redesignated subsec.
(e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95-426, Sec. 707(c), (d), redesignated
subsec. (f) as (e) and struck out ''proclamation,'' before ''rule''
in two places. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95-426, Sec. 707(d), redesignated
subsec. (g) as (f). Former (f) redesignated (e).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 204(b) of Pub. L. 103-416 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to
departures and entries (and attempts thereof) occurring on or after
the date of enactment of this Act (Oct. 25, 1994).''
-EXEC-
EX. ORD. NO. 12172. DELEGATION OF AUTHORITY OF PRESIDENT TO
SECRETARY OF STATE AND ATTORNEY GENERAL RESPECTING ENTRY OF IRANIAN
ALIENS INTO THE UNITED STATES
Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by
Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided:
By virtue of the authority vested in me as President by the
Constitution and laws of the United States, including the
Immigration and Nationality Act, as amended (this chapter), 8 USC
1185 and 3 USC 301, it is hereby ordered as follows:
Section 1-101. Delegation of Authority. The Secretary of State
and the Attorney General are hereby designated and empowered to
exercise in respect of Iranians the authority conferred upon the
President by section 215(a)(1) of the Act of June 27, 1952 (8 USC
1185), to prescribe limitations and exceptions on the rules and
regulations governing the entry of aliens into the United States.
Section 1-102. Effective Date. This order is effective
immediately. Jimmy Carter.
-CROSS-
CROSS REFERENCES
Counterfeiting and forgery, see section 471 et seq. of Title 18,
Crimes and Criminal Procedure.
Definition of alien, entry, passport, person, State, and United
States, see section 1101 of this title.
False personation, see section 911 et seq. of Title 18, Crimes
and Criminal Procedure.
Fines, penalties and forfeitures, see section 2461 et seq. of
Title 28, Judiciary and Judicial Procedure.
Fraud and false statements, see section 1001 et seq. of Title 18,
Crimes and Criminal Procedure.
Passports and visas, see section 1541 et seq. of Title 18.
Repeal of statutes as affecting existing liabilities, see section
109 of Title 1, General Provisions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1227 of this title.
-CITE-
8 USC Sec. 1186 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1186. Transferred
-COD-
CODIFICATION
Section, act June 27, 1952, ch. 477, title II, ch. 2, Sec. 216,
as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 301(c), 100
Stat. 3411, which related to admission of temporary H-2A workers,
was renumbered Sec. 218 by Pub. L. 100-525, Sec. 2(l)(2), Oct. 24,
1988, 102 Stat. 2612, and transferred to section 1188 of this
title.
-CITE-
8 USC Sec. 1186a 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1186a. Conditional permanent resident status for certain alien
spouses and sons and daughters
-STATUTE-
(a) In general
(1) Conditional basis for status
Notwithstanding any other provision of this chapter, an alien
spouse (as defined in subsection (g)(1) of this section) and an
alien son or daughter (as defined in subsection (g)(2) of this
section) shall be considered, at the time of obtaining the status
of an alien lawfully admitted for permanent residence, to have
obtained such status on a conditional basis subject to the
provisions of this section.
(2) Notice of requirements
(A) At time of obtaining permanent residence
At the time an alien spouse or alien son or daughter obtains
permanent resident status on a conditional basis under
paragraph (1), the Attorney General shall provide for notice to
such a spouse, son, or daughter respecting the provisions of
this section and the requirements of subsection (c)(1) of this
section to have the conditional basis of such status removed.
(B) At time of required petition
In addition, the Attorney General shall attempt to provide
notice to such a spouse, son, or daughter, at or about the
beginning of the 90-day period described in subsection
(d)(2)(A) of this section, of the requirements of subsections
(FOOTNOTE 1) (c)(1) of this section.
(FOOTNOTE 1) So in original. Probably should be ''subsection''.
(C) Effect of failure to provide notice
The failure of the Attorney General to provide a notice under
this paragraph shall not affect the enforcement of the
provisions of this section with respect to such a spouse, son,
or daughter.
(b) Termination of status if finding that qualifying marriage
improper
(1) In general
In the case of an alien with permanent resident status on a
conditional basis under subsection (a) of this section, if the
Attorney General determines, before the second anniversary of the
alien's obtaining the status of lawful admission for permanent
residence, that -
(A) the qualifying marriage -
(i) was entered into for the purpose of procuring an
alien's admission as an immigrant, or
(ii) has been judicially annulled or terminated, other than
through the death of a spouse; or
(B) a fee or other consideration was given (other than a fee
or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a petition
under section 1154(a) or 1184(d) of this title with respect to
the alien;
the Attorney General shall so notify the parties involved and,
subject to paragraph (2), shall terminate the permanent resident
status of the alien (or aliens) involved as of the date of the
determination.
(2) Hearing in removal proceeding
Any alien whose permanent resident status is terminated under
paragraph (1) may request a review of such determination in a
proceeding to remove the alien. In such proceeding, the burden
of proof shall be on the Attorney General to establish, by a
preponderance of the evidence, that a condition described in
paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of
condition
(1) In general
In order for the conditional basis established under subsection
(a) of this section for an alien spouse or an alien son or
daughter to be removed -
(A) the alien spouse and the petitioning spouse (if not
deceased) jointly must submit to the Attorney General, during
the period described in subsection (d)(2) of this section, a
petition which requests the removal of such conditional basis
and which states, under penalty of perjury, the facts and
information described in subsection (d)(1) of this section, and
(B) in accordance with subsection (d)(3) of this section, the
alien spouse and the petitioning spouse (if not deceased) must
appear for a personal interview before an officer or employee
of the Service respecting the facts and information described
in subsection (d)(1) of this section.
(2) Termination of permanent resident status for failure to file
petition or have personal interview
(A) In general
In the case of an alien with permanent resident status on a
conditional basis under subsection (a) of this section, if -
(i) no petition is filed with respect to the alien in
accordance with the provisions of paragraph (1)(A), or
(ii) unless there is good cause shown, the alien spouse and
petitioning spouse fail to appear at the interview described
in paragraph (1)(B),
the Attorney General shall terminate the permanent resident
status of the alien as of the second anniversary of the alien's
lawful admission for permanent residence.
(B) Hearing in removal proceeding
In any removal proceeding with respect to an alien whose
permanent resident status is terminated under subparagraph (A),
the burden of proof shall be on the alien to establish
compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview
(A) In general
If -
(i) a petition is filed in accordance with the provisions
of paragraph (1)(A), and
(ii) the alien spouse and petitioning spouse appear at the
interview described in paragraph (1)(B),
the Attorney General shall make a determination, within 90 days
of the date of the interview, as to whether the facts and
information described in subsection (d)(1) of this section and
alleged in the petition are true with respect to the qualifying
marriage.
(B) Removal of conditional basis if favorable determination
If the Attorney General determines that such facts and
information are true, the Attorney General shall so notify the
parties involved and shall remove the conditional basis of the
parties effective as of the second anniversary of the alien's
obtaining the status of lawful admission for permanent
residence.
(C) Termination if adverse determination
If the Attorney General determines that such facts and
information are not true, the Attorney General shall so notify
the parties involved and, subject to subparagraph (D), shall
terminate the permanent resident status of an alien spouse or
an alien son or daughter as of the date of the determination.
(D) Hearing in removal proceeding
Any alien whose permanent resident status is terminated under
subparagraph (C) may request a review of such determination in
a proceeding to remove the alien. In such proceeding, the
burden of proof shall be on the Attorney General to establish,
by a preponderance of the evidence, that the facts and
information described in subsection (d)(1) of this section and
alleged in the petition are not true with respect to the
qualifying marriage.
(4) Hardship waiver
The Attorney General, in the Attorney General's discretion, may
remove the conditional basis of the permanent resident status for
an alien who fails to meet the requirements of paragraph (1) if
the alien demonstrates that -
(A) extreme hardship would result if such alien is removed,
(B) the qualifying marriage was entered into in good faith by
the alien spouse, but the qualifying marriage has been
terminated (other than through the death of the spouse) and the
alien was not at fault in failing to meet the requirements of
paragraph (1), or
(C) the qualifying marriage was entered into in good faith by
the alien spouse and during the marriage the alien spouse or
child was battered by or was the subject of extreme cruelty
perpetrated by his or her spouse or citizen or permanent
resident parent and the alien was not at fault in failing to
meet the requirements of paragraph (1).
In determining extreme hardship, the Attorney General shall
consider circumstances occurring only during the period that the
alien was admitted for permanent residence on a conditional
basis. In acting on applications under this paragraph, the
Attorney General shall consider any credible evidence relevant to
the application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the sole
discretion of the Attorney General. The Attorney General shall,
by regulation, establish measures to protect the confidentiality
of information concerning any abused alien spouse or child,
including information regarding the whereabouts of such spouse or
child.
(d) Details of petition and interview
(1) Contents of petition
Each petition under subsection (c)(1)(A) of this section shall
contain the following facts and information:
(A) Statement of proper marriage and petitioning process
The facts are that -
(i) the qualifying marriage -
(I) was entered into in accordance with the laws of the
place where the marriage took place,
(II) has not been judicially annulled or terminated,
other than through the death of a spouse, and
(III) was not entered into for the purpose of procuring
an alien's admission as an immigrant; and
(ii) no fee or other consideration was given (other than a
fee or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a
petition under section 1154(a) or 1184(d) of this title with
respect to the alien spouse or alien son or daughter.
(B) Statement of additional information
The information is a statement of -
(i) the actual residence of each party to the qualifying
marriage since the date the alien spouse obtained permanent
resident status on a conditional basis under subsection (a)
of this section, and
(ii) the place of employment (if any) of each such party
since such date, and the name of the employer of such party.
(2) Period for filing petition
(A) 90-day period before second anniversary
Except as provided in subparagraph (B), the petition under
subsection (c)(1)(A) of this section must be filed during the
90-day period before the second anniversary of the alien's
obtaining the status of lawful admission for permanent
residence.
(B) Date petitions for good cause
Such a petition may be considered if filed after such date,
but only if the alien establishes to the satisfaction of the
Attorney General good cause and extenuating circumstances for
failure to file the petition during the period described in
subparagraph (A).
(C) Filing of petitions during removal
In the case of an alien who is the subject of removal
hearings as a result of failure to file a petition on a timely
basis in accordance with subparagraph (A), the Attorney General
may stay such removal proceedings against an alien pending the
filing of the petition under subparagraph (B).
(3) Personal interview
The interview under subsection (c)(1)(B) of this section shall
be conducted within 90 days after the date of submitting a
petition under subsection (c)(1)(A) of this section and at a
local office of the Service, designated by the Attorney General,
which is convenient to the parties involved. The Attorney
General, in the Attorney General's discretion, may waive the
deadline for such an interview or the requirement for such an
interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization
For purposes of subchapter III of this chapter, in the case of an
alien who is in the United States as a lawful permanent resident on
a conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully admitted for
permanent residence and to be in the United States as an alien
lawfully admitted to the United States for permanent residence.
(f) Treatment of certain waivers
In the case of an alien who has permanent residence status on a
conditional basis under this section, if, in order to obtain such
status, the alien obtained a waiver under subsection (h) or (i) of
section 1182 of this title of certain grounds of inadmissibility,
such waiver terminates upon the termination of such permanent
residence status under this section.
(g) Definitions
In this section:
(1) The term ''alien spouse'' means an alien who obtains the
status of an alien lawfully admitted for permanent residence
(whether on a conditional basis or otherwise) -
(A) as an immediate relative (described in section 1151(b) of
this title) as the spouse of a citizen of the United States,
(B) under section 1184(d) of this title as the fiancee or
fiance of a citizen of the United States, or
(C) under section 1153(a)(2) of this title as the spouse of
an alien lawfully admitted for permanent residence,
by virtue of a marriage which was entered into less than 24
months before the date the alien obtains such status by virtue of
such marriage, but does not include such an alien who only
obtains such status as a result of section 1153(d) of this title.
(2) The term ''alien son or daughter'' means an alien who
obtains the status of an alien lawfully admitted for permanent
residence (whether on a conditional basis or otherwise) by virtue
of being the son or daughter of an individual through a
qualifying marriage.
(3) The term ''qualifying marriage'' means the marriage
described to in paragraph (1).
(4) The term ''petitioning spouse'' means the spouse of a
qualifying marriage, other than the alien.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 216, as added Pub.
L. 99-639, Sec. 2(a), Nov. 10, 1986, 100 Stat. 3537; amended Pub.
L. 100-525, Sec. 7(a), Oct. 24, 1988, 102 Stat. 2616; Pub. L.
101-649, title VII, Sec. 701(a), Nov. 29, 1990, 104 Stat. 5085;
Pub. L. 102-232, title III, Sec. 302(e)(8)(B), Dec. 12, 1991, 105
Stat. 1746; Pub. L. 103-322, title IV, Sec. 40702(a), Sept. 13,
1994, 108 Stat. 1955; Pub. L. 104-208, div. C, title III, Sec.
308(d)(4)(E), (e)(7), (f)(1)(I), (J), Sept. 30, 1996, 110 Stat.
3009-618, 3009-620, 3009-621.)
-COD-
CODIFICATION
Another section 216 of act June 27, 1952, was renumbered section
218 and is classified to section 1188 of this title.
-MISC3-
AMENDMENTS
1996 - Subsec. (b)(1)(A)(i). Pub. L. 104-208, Sec. 308(f)(1)(I),
substituted ''admission'' for ''entry''.
Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(7), substituted
''removal'' for ''deportation'' in heading and ''remove'' for
''deport'' in text.
Subsec. (c)(2)(B). Pub. L. 104-208, Sec. 308(e)(7), substituted
''removal'' for ''deportation'' in heading and text.
Subsec. (c)(3)(D). Pub. L. 104-208, Sec. 308(e)(7), substituted
''removal'' for ''deportation'' in heading and ''remove'' for
''deport'' in text.
Subsec. (c)(4)(A). Pub. L. 104-208, Sec. 308(e)(7), substituted
''removed'' for ''deported''.
Subsec. (d)(1)(A)(i)(III). Pub. L. 104-208, Sec. 308(f)(1)(J),
substituted ''admission'' for ''entry''.
Subsec. (d)(2)(C). Pub. L. 104-208, Sec. 308(e)(7), substituted
''removal'' for ''deportation'' wherever appearing in heading and
text.
Subsec. (f). Pub. L. 104-208, Sec. 308(d)(4)(E), substituted
''inadmissibility'' for ''exclusion''.
1994 - Subsec. (c)(4). Pub. L. 103-322 inserted after second
sentence ''In acting on applications under this paragraph, the
Attorney General shall consider any credible evidence relevant to
the application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the sole
discretion of the Attorney General.''
1991 - Subsec. (g)(1). Pub. L. 102-232 substituted ''section
1153(d)'' for ''section 1153(a)(8)'' in closing provisions.
1990 - Subsec. (c)(4). Pub. L. 101-649 struck out ''or'' at end
of subpar. (A), struck out ''by the alien spouse for good cause''
after ''death of the spouse)'' and substituted '', or'' for period
at end of subpar. (B), added subpar. (C), and inserted at end ''The
Attorney General shall, by regulation, establish measures to
protect the confidentiality of information concerning any abused
alien spouse or child, including information regarding the
whereabouts of such spouse or child.''
1988 - Pub. L. 100-525, Sec. 7(a)(1), made technical amendment to
directory language of Pub. L. 99-639, Sec. 2(a), which enacted this
section.
Subsec. (c)(3)(A). Pub. L. 100-525, Sec. 7(a)(2), substituted
''90 days'' for ''90-days''.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 40702(b) of Pub. L. 103-322 provided that: ''The
amendment made by subsection (a) (amending this section) shall take
effect on the date of enactment of this Act (Sept. 13, 1994) and
shall apply to applications made before, on, or after such date.''
EFFECTIVE DATE OF 1991 AMENDMENT
Section 302(e)(8) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 162(e)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 701(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with
respect to marriages entered into before, on, or after the date of
the enactment of this Act (Nov. 29, 1990).''
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-525 effective as if included in
enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L.
99-639, see section 7(d) of Pub. L. 100-525, set out as a note
under section 1182 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1186b, 1227, 1228, 1255,
1367 of this title.
-CITE-
8 USC Sec. 1186b 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1186b. Conditional permanent resident status for certain alien
entrepreneurs, spouses, and children
-STATUTE-
(a) In general
(1) Conditional basis for status
Notwithstanding any other provision of this chapter, an alien
entrepreneur (as defined in subsection (f)(1) of this section),
alien spouse, and alien child (as defined in subsection (f)(2) of
this section) shall be considered, at the time of obtaining the
status of an alien lawfully admitted for permanent residence, to
have obtained such status on a conditional basis subject to the
provisions of this section.
(2) Notice of requirements
(A) At time of obtaining permanent residence
At the time an alien entrepreneur, alien spouse, or alien
child obtains permanent resident status on a conditional basis
under paragraph (1), the Attorney General shall provide for
notice to such an entrepreneur, spouse, or child respecting the
provisions of this section and the requirements of subsection
(c)(1) of this section to have the conditional basis of such
status removed.
(B) At time of required petition
In addition, the Attorney General shall attempt to provide
notice to such an entrepreneur, spouse, or child, at or about
the beginning of the 90-day period described in subsection
(d)(2)(A) of this section, of the requirements of subsection
(c)(1) of this section.
(C) Effect of failure to provide notice
The failure of the Attorney General to provide a notice under
this paragraph shall not affect the enforcement of the
provisions of this section with respect to such an
entrepreneur, spouse, or child.
(b) Termination of status if finding that qualifying
entrepreneurship improper
(1) In general
In the case of an alien entrepreneur with permanent resident
status on a conditional basis under subsection (a) of this
section, if the Attorney General determines, before the second
anniversary of the alien's obtaining the status of lawful
admission for permanent residence, that -
(A) the establishment of the commercial enterprise was
intended solely as a means of evading the immigration laws of
the United States,
(B)(i) a commercial enterprise was not established by the
alien,
(ii) the alien did not invest or was not actively in the
process of investing the requisite capital; or
(iii) the alien was not sustaining the actions described in
clause (i) or (ii) throughout the period of the alien's
residence in the United States, or
(C) the alien was otherwise not conforming to the
requirements of section 1153(b)(5) of this title,
then the Attorney General shall so notify the alien involved and,
subject to paragraph (2), shall terminate the permanent resident
status of the alien (and the alien spouse and alien child)
involved as of the date of the determination.
(2) Hearing in removal proceeding
Any alien whose permanent resident status is terminated under
paragraph (1) may request a review of such determination in a
proceeding to remove the alien. In such proceeding, the burden
of proof shall be on the Attorney General to establish, by a
preponderance of the evidence, that a condition described in
paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of
condition
(1) In general
In order for the conditional basis established under subsection
(a) of this section for an alien entrepreneur, alien spouse, or
alien child to be removed -
(A) the alien entrepreneur must submit to the Attorney
General, during the period described in subsection (d)(2) of
this section, a petition which requests the removal of such
conditional basis and which states, under penalty of perjury,
the facts and information described in subsection (d)(1) of
this section, and
(B) in accordance with subsection (d)(3) of this section, the
alien entrepreneur must appear for a personal interview before
an officer or employee of the Service respecting the facts and
information described in subsection (d)(1) of this section.
(2) Termination of permanent resident status for failure to file
petition or have personal interview
(A) In general
In the case of an alien with permanent resident status on a
conditional basis under subsection (a) of this section, if -
(i) no petition is filed with respect to the alien in
accordance with the provisions of paragraph (1)(A), or
(ii) unless there is good cause shown, the alien
entrepreneur fails to appear at the interview described in
paragraph (1)(B) (if required under subsection (d)(3) of this
section),
the Attorney General shall terminate the permanent resident
status of the alien (and the alien's spouse and children if it
was obtained on a conditional basis under this section or
section 1186a of this title) as of the second anniversary of
the alien's lawful admission for permanent residence.
(B) Hearing in removal proceeding
In any removal proceeding with respect to an alien whose
permanent resident status is terminated under subparagraph (A),
the burden of proof shall be on the alien to establish
compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview
(A) In general
If -
(i) a petition is filed in accordance with the provisions
of paragraph (1)(A), and
(ii) the alien entrepreneur appears at any interview
described in paragraph (1)(B),
the Attorney General shall make a determination, within 90 days
of the date of the such filing (FOOTNOTE 1) or interview
(whichever is later), as to whether the facts and information
described in subsection (d)(1) of this section and alleged in
the petition are true with respect to the qualifying commercial
enterprise.
(FOOTNOTE 1) So in original.
(B) Removal of conditional basis if favorable determination
If the Attorney General determines that such facts and
information are true, the Attorney General shall so notify the
alien involved and shall remove the conditional basis of the
alien's status effective as of the second anniversary of the
alien's lawful admission for permanent residence.
(C) Termination if adverse determination
If the Attorney General determines that such facts and
information are not true, the Attorney General shall so notify
the alien involved and, subject to subparagraph (D), shall
terminate the permanent resident status of an alien
entrepreneur, alien spouse, or alien child as of the date of
the determination.
(D) Hearing in removal proceeding
Any alien whose permanent resident status is terminated under
subparagraph (C) may request a review of such determination in
a proceeding to remove the alien. In such proceeding, the
burden of proof shall be on the Attorney General to establish,
by a preponderance of the evidence, that the facts and
information described in subsection (d)(1) of this section and
alleged in the petition are not true with respect to the
qualifying commercial enterprise.
(d) Details of petition and interview
(1) Contents of petition
Each petition under subsection (c)(1)(A) of this section shall
contain facts and information demonstrating that -
(A) a commercial enterprise was established by the alien;
(B) the alien invested or was actively in the process of
investing the requisite capital; and
(C) the alien sustained the actions described in
subparagraphs (A) and (B) throughout the period of the alien's
residence in the United States.
(2) Period for filing petition
(A) 90-day period before second anniversary
Except as provided in subparagraph (B), the petition under
subsection (c)(1)(A) of this section must be filed during the
90-day period before the second anniversary of the alien's
lawful admission for permanent residence.
(B) Date petitions for good cause
Such a petition may be considered if filed after such date,
but only if the alien establishes to the satisfaction of the
Attorney General good cause and extenuating circumstances for
failure to file the petition during the period described in
subparagraph (A).
(C) Filing of petitions during removal
In the case of an alien who is the subject of removal
hearings as a result of failure to file a petition on a timely
basis in accordance with subparagraph (A), the Attorney General
may stay such removal proceedings against an alien pending the
filing of the petition under subparagraph (B).
(3) Personal interview
The interview under subsection (c)(1)(B) of this section shall
be conducted within 90 days after the date of submitting a
petition under subsection (c)(1)(A) of this section and at a
local office of the Service, designated by the Attorney General,
which is convenient to the parties involved. The Attorney
General, in the Attorney General's discretion, may waive the
deadline for such an interview or the requirement for such an
interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization
For purposes of subchapter III of this chapter, in the case of an
alien who is in the United States as a lawful permanent resident on
a conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully admitted for
permanent residence and to be in the United States as an alien
lawfully admitted to the United States for permanent residence.
(f) Definitions
In this section:
(1) The term ''alien entrepreneur'' means an alien who obtains
the status of an alien lawfully admitted for permanent residence
(whether on a conditional basis or otherwise) under section
1153(b)(5) of this title.
(2) The term ''alien spouse'' and the term ''alien child'' mean
an alien who obtains the status of an alien lawfully admitted for
permanent residence (whether on a conditional basis or otherwise)
by virtue of being the spouse or child, respectively, of an alien
entrepreneur.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 216A, as added Pub.
L. 101-649, title I, Sec. 121(b)(1), Nov. 29, 1990, 104 Stat. 4990;
amended Pub. L. 102-232, title III, Sec. 302(b)(3), Dec. 12, 1991,
105 Stat. 1743; Pub. L. 104-208, div. C, title III, Sec.
308(e)(8), Sept. 30, 1996, 110 Stat. 3009-620.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b)(2). Pub. L. 104-208 substituted ''removal''
for ''deportation'' in heading and ''remove'' for ''deport'' in
text.
Subsec. (c)(2)(B). Pub. L. 104-208 substituted ''removal'' for
''deportation'' in heading and text.
Subsec. (c)(3)(D). Pub. L. 104-208 substituted ''removal'' for
''deportation'' in heading and ''remove'' for ''deport'' in text.
Subsec. (d)(2)(C). Pub. L. 104-208 substituted ''removal'' for
''deportation'' wherever appearing in heading and text.
1991 - Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 302(b)(3)(A), in
closing provisions inserted parenthetical provision relating to
alien's spouse and children.
Subsecs. (c)(3)(B), (d)(2)(A). Pub. L. 102-232, Sec.
302(b)(3)(B), struck out ''obtaining the status of'' before
''lawful admission''.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1991, and applicable beginning with
fiscal year 1992, see section 161(a) of Pub. L. 101-649, set out as
an Effective Date of 1990 Amendment note under section 1101 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1227, 1255 of this title.
-CITE-
8 USC Sec. 1187 01/05/99
-EXPCITE-
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of
Citizens and Aliens
-HEAD-
Sec. 1187. Visa waiver pilot program for certain visitors
-STATUTE-
(a) Establishment of pilot program
The Attorney General and the Secretary of State are authorized to
establish a pilot program (hereinafter in this section referred to
as the ''pilot program'') under which the requirement of paragraph
(7)(B)(i)(II) of section 1182(a) of this title may be waived by the
Attorney General, in consultation with the Secretary of State and
in accordance with this section, in the case of an alien who meets
the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the pilot program
period (as defined in subsection (e) of this section) as a
nonimmigrant visitor (described in section 1101(a)(15)(B) of this
title) for a period not exceeding 90 days.
(2) National of pilot program country
The alien is a national of, and presents a passport issued by,
a country which -
(A) extends (or agrees to extend) reciprocal privileges to
citizens and nationals of the United States, and
(B) is designated as a pilot program country under subsection
(c) of this section.
(3) Executes immigration forms
The alien before the time of such admission completes such
immigration form as the Attorney General shall establish.
(4) Entry into the United States
If arriving by sea or air, the alien arrives at the port of
entry into the United States on a carrier which has entered into
an agreement with the Service to guarantee transport of the alien
out of the United States if the alien is found inadmissible or
deportable by an immigration officer.
(5) Not a safety threat
The alien has been determined not to represent a threat to the
welfare, health, safety, or security of the United States.
(6) No previous violation
If the alien previously was admitted without a visa under this
section, the alien must not have failed to comply with the
conditions of any previous admission as such a nonimmigrant.
(7) Round-trip ticket
The alien is in possession of a round-trip transportation
ticket (unless this requirement is waived by the Attorney General
under regulations).
(b) Waiver of rights
An alien may not be provided a waiver under the pilot program
unless the alien has waived any right -
(1) to review or appeal under this chapter of an immigration
officer's determination as to the admissibility of the alien at
the port of entry into the United States, or
(2) to contest, other than on the basis of an application for
asylum, any action for removal of the alien.
(c) Designation of pilot program countries
(1) In general
The Attorney General, in consultation with the Secretary of
State, may designate any country as a pilot program country if it
meets the requirements of paragraph (2).
(2) Qualifications
Except as provided in subsection (g) of this section, a country
may not be designated as a pilot program country unless the
following requirements are met:
(A) Low nonimmigrant visa refusal rate
Either -
(i) the average number of refusals of nonimmigrant visitor
visas for nationals of that country during -
(I) the two previous full fiscal years was less than 2.0
percent of the total number of nonimmigrant visitor visas
for nationals of that country which were granted or refused
during those years; and
(II) either of such two previous full fiscal years was
less than 2.5 percent of the total number of nonimmigrant
visitor visas for nationals of that country which were
granted or refused during that year; or
(ii) such refusal rate for nationals of that country during
the previous full fiscal year was less than 3.0 percent.
(B) Machine readable passport program
The government of the country certifies that it has or is in
the process of developing a program to issue machine-readable
passports to its citizens.
(C) Law enforcement interests
The Attorney General determines that the United States law
enforcement interests would not be compromised by the
designation of the country.
(3) Continuing and subsequent qualifications
For each fiscal year (within the pilot program period) after
the initial period -
(A) Continuing qualification
In the case of a country which was a pilot program country in
the previous fiscal year, a country may not be designated as a
pilot program country unless the sum of -
(i) the total of the number of nationals of that country
who were denied admission at the time of arrival or withdrew
their application for admission during such previous fiscal
year as a nonimmigrant visitor, and
(ii) the total number of nationals of that country who were
admitted as nonimmigrant visitors during such previous fiscal
year and who violated the terms of such admission,
was less than 2 percent of the total number of nationals of
that country who applied for admission as nonimmigrant visitors
during such previous fiscal year.
(B) New countries
In the case of another country, the country may not be
designated as a pilot program country unless the following
requirements are met:
(i) Low nonimmigrant visa refusal rate in previous 2-year
period
The average number of refusals of nonimmigrant visitor
visas for nationals of that country during the two previous
full fiscal years was less than 2 percent of the total number
of nonimmigrant visitor visas for nationals of that country
which were granted or refused during those years.
(ii) Low nonimmigrant visa refusal rate in each of the 2
previous years
The average number of refusals of nonimmigrant visitor
visas for nationals of that country during either of such two
previous full fiscal years was less than 2.5 percent of the
total number of nonimmigrant visitor visas for nationals of
that country which were granted or refused during that year.
(4) Initial period
For purposes of paragraphs (2) and (3), the term ''initial
period'' means the period beginning at the end of the 30-day
period described in subsection (b)(1) of this section and ending
on the last day of the first fiscal year which begins after such
30-day period.
(d) Authority
Notwithstanding any other provision of this section, the Attorney
General, in consultation with the Secretary of State, may for any
reason (including national security) refrain from waiving the visa
requirement in respect to nationals of any country which may
otherwise qualify for designation or may, at any time, rescind any
waiver or designation previously granted under this section.
(e) Carrier agreements
(1) In general
The agreement referred to in subsection (a)(4) of this section
is an agreement between a carrier and the Attorney General under
which the carrier agrees, in consideration of the waiver of the
visa requirement with respect to a nonimmigrant visitor under the
pilot program -
(A) to indemnify the United States against any costs for the
transportation of the alien from the United States if the
visitor is refused admission to the United States or remains in
the United States unlawfully after the 90-day period described
in subsection (a)(1)(A) of this section,
(B) to submit daily to immigration officers any immigration
forms received with respect to nonimmigrant visitors provided a
waiver under the pilot program, and
(C) to be subject to the imposition of fines resulting from
the transporting into the United States of a national of a
designated country without a passport pursuant to regulations
promulgated by the Attorney General.
(2) Termination of agreements
The Attorney General may terminate an agreement under paragraph
(1) with five days' notice to the carrier for the carrier's
failure to meet the terms of such agreement.
(f) ''Pilot program period'' defined
For purposes of this section, the term ''pilot program period''
means the period beginning on October 1, 1988, and ending on April
30, 2000.
(g) Duration and termination of designation
(1) In general
(A) Determination and notification of disqualification rate
Upon determination by the Attorney General that a pilot
program country's disqualification rate is 2 percent or more,
the Attorney General shall notify the Secretary of State.
(B) Probationary status
If the program country's disqualification rate is greater
than 2 percent but less than 3.5 percent, the Attorney General
shall place the program country in probationary status for a
period not to exceed 2 full fiscal years following the year in
which the determination under subparagraph (A) is made.
(C) Termination of designation
Subject to paragraph (3), if the program country's
disqualification rate is 3.5 percent or more, the Attorney
General shall terminate the country's designation as a pilot
program country effective at the beginning of the second fiscal
year following the fiscal year in which the determination under
subparagraph (A) is made.
(2) Termination of probationary status
(A) In general
If the Attorney General determines at the end of the
probationary period described in paragraph (1)(B) that the
program country placed in probationary status under such
paragraph has failed to develop a machine-readable passport
program as required by section (FOOTNOTE 1) (c)(2)(C) of this
section, or has a disqualification rate of 2 percent or more,
the Attorney General shall terminate the designation of the
country as a pilot program country. If the Attorney General
determines that the program country has developed a
machine-readable passport program and has a disqualification
rate of less than 2 percent, the Attorney General shall
redesignate the country as a pilot program country.
(FOOTNOTE 1) So in original. Probably should be ''subsection''.
(B) Effective date
A termination of the designation of a country under
subparagraph (A) shall take effect on the first day of the
first fiscal year following the fiscal year in which the
determination under such subparagraph is made. Until such
date, nationals of the country shall remain eligible for a
waiver under subsection (a) of this section.
(3) Nonapplicability of certain provisions
Paragraph (1)(C) shall not apply unless the total number of
nationals of a pilot program country described in paragraph
(4)(A) exceeds 100.
(4) ''Disqualification rate'' defined
For purposes of this subsection, the term ''disqualification
rate'' means the percentage which -
(A) the total number of nationals of the pilot program
country who were -
(i) denied admission at the time of arrival or withdrew
their application for admission during the most recent fiscal
year for which data are available; and
(ii) admitted as nonimmigrant visitors during such fiscal
year and who violated the terms of such admission; bears to
(B) the total number of nationals of such country who applied
for admission as nonimmigrant visitors during such fiscal year.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 217, as added Pub.
L. 99-603, title III, Sec. 313(a), Nov. 6, 1986, 100 Stat. 3435;
amended Pub. L. 100-525, Sec. 2(p)(1), (2), Oct. 24, 1988, 102
Stat. 2613; Pub. L. 101-649, title II, Sec. 201(a), Nov. 29, 1990,
104 Stat. 5012; Pub. L. 102-232, title III, Sec. 303(a)(1), (2),
307(l)(3), Dec. 12, 1991, 105 Stat. 1746, 1756; Pub. L. 103-415,
Sec. 1(m), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 103-416, title
II, Sec. 210, 211, Oct. 25, 1994, 108 Stat. 4312, 4313; Pub. L.
104-208, div. C, title III, Sec. 308(d)(4)(F), (e)(9), title VI,
Sec. 635(a)-(c)(1), (3), Sept. 30, 1996, 110 Stat. 3009-618,
3009-620, 3009-702, 3009-703; Pub. L. 105-119, title I, Sec. 125,
Nov. 26, 1997, 111 Stat. 2471; Pub. L. 105-173, Sec. 1, 3, Apr. 27,
1998, 112 Stat. 56.)
-MISC1-
AMENDMENTS
1998 - Subsec. (c)(2). Pub. L. 105-173, Sec. 3, reenacted heading
without change and amended text generally. Prior to amendment,
text consisted of introductory provisions and subpars. (A) to (D)
relating to low nonimmigrant visa refusal rate for previous 2-year
period, low nonimmigrant visa refusal rate for each of 2 previous
years, machine readable passport program, and law enforcement
interests.
Subsec. (f). Pub. L. 105-173, Sec. 1, substituted ''2000'' for
''1998''.
1997 - Subsec. (f). Pub. L. 105-119 reenacted subsec. heading
without change and amended text generally, substituting ''April 30,
1998'' for ''September 30, 1997''.
1996 - Subsec. (a). Pub. L. 104-208, Sec. 635(a)(1), in
introductory provisions, substituted ''Attorney General, in
consultation with the Secretary of State'' for ''Attorney General
and the Secretary of State, acting jointly''.
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 635(c)(3), struck out
''or is designated as a pilot program country with probationary
status under subsection (g) of this section'' after ''subsection
(c) of this section''.
Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(9), substituted
''removal of'' for ''deportation against''.
Subsec. (c)(1). Pub. L. 104-208, Sec. 635(a)(2), substituted
''Attorney General, in consultation with the Secretary of State,''
for ''Attorney General and the Secretary of State acting jointly''.
Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
substituted ''denied admission at the time of arrival'' for
''excluded from admission''.
Subsec. (d). Pub. L. 104-208, Sec. 635(a)(3), substituted
''Attorney General, in consultation with the Secretary of State''
for ''Attorney General and the Secretary of State, acting |