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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    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 Repealed.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 Repealed.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