From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 8USC1182]
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
Sec. 1182. Inadmissible aliens
(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 officer or the Attorney General
knows or has reason to believe--
(i) is or has been an illicit trafficker in any
controlled substance or in any listed chemical (as defined
in section 802 of title 21), or is or has been a knowing
aider, abettor, assister, conspirator, or colluder with
others in the illicit trafficking in any such controlled or
listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien
inadmissible under clause (i), has, within the previous 5
years, obtained any financial or other benefit from the
illicit activity of that alien, and knew or reasonably
should have known that the financial or other benefit was
the product of such illicit activity,
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 committed 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, particularly severe violations of religious freedom, as
defined in section 6402 of title 22, is inadmissible.
(H) Significant traffickers in persons
(i) In general
Any alien who is listed in a report submitted pursuant
to section 7108(b) of title 22, or who the consular officer
or the Attorney General knows or has reason to believe is or
has been a knowing aider, abettor, assister, conspirator, or
colluder with such a trafficker in severe forms of
trafficking in persons, as defined in the section 7102 of
title 22, is inadmissible.
(ii) Beneficiaries of trafficking
Except as provided in clause (iii), any alien who the
consular officer or the Attorney General knows or has reason
to believe is the spouse, son, or daughter of an alien
inadmissible under clause (i), has, within the previous 5
years, obtained any financial or other benefit from the
illicit activity of that alien, and knew or reasonably
should have known that the financial or other benefit was
the product of such illicit activity, is inadmissible.
(iii) Exception for certain sons and daughters
Clause (ii) shall not apply to a son or daughter who was
a child at the time he or she received the benefit described
in such clause.
(I) Money laundering
Any alien--
(i) who a consular officer or the Attorney General
knows, or has reason to believe, has engaged, is engaging,
or seeks to enter the United States to engage, in an offense
which is described in section 1956 or 1957 of title 18
(relating to laundering of monetary instruments); or
(ii) who a consular officer or the Attorney General
knows is, or has been, a knowing aider, abettor, assister,
conspirator, or colluder with others in an offense which is
described in such section;
is 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, the Attorney General, or
the Secretary of Homeland Security 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 (iv));
(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 (v))
of--
(aa) a terrorist organization (as defined in
clause (vi)); or
(bb) a political, social, or other group that
endorses or espouses terrorist activity;
(V) is a member of a terrorist organization
described in subclause (I) or (II) of clause (vi);
(VI) is a member of a terrorist organization
described in clause (vi)(III), unless the alien can
demonstrate by clear and convincing evidence that the
alien did not know, and should not reasonably have
known, that the organization was a terrorist
organization;
(VII) endorses or espouses terrorist activity or
persuades others to endorse or espouse terrorist
activity or support a terrorist organization;
(VIII) has received military-type training (as
defined in section 2339D(c)(1) of title 18) from or on
behalf of any organization that, at the time the
training was received, was a terrorist organization (as
defined in clause (vi)); or
(IX) is the spouse or child of an alien who is
inadmissible under this subparagraph, if the activity
causing the alien to be found inadmissible occurred
within the last 5 years,
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) Exception
Subclause (VII) of clause (i) does not apply to a spouse
or child--
(I) who did not know or should not reasonably have
known of the activity causing the alien to be found
inadmissible under this section; or
(II) whom the consular officer or Attorney General
has reasonable grounds to believe has renounced the
activity causing the alien to be found inadmissible
under this section.
(iii) ``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 it had been
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, firearm, or other weapon or
dangerous device (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.
(iv) ``Engage in terrorist activity'' defined
As used in this chapter, the term ``engage in terrorist
activity'' means, in an individual capacity or as a member
of an organization--
(I) to commit or to incite to commit, under
circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity;
(II) to prepare or plan a terrorist activity;
(III) to gather information on potential targets for
terrorist activity;
(IV) to solicit funds or other things of value for--
(aa) a terrorist activity;
(bb) a terrorist organization described in
clause (vi)(I) or (vi)(II); or
(cc) a terrorist organization described in
clause (vi)(III), unless the solicitor can
demonstrate by clear and convincing evidence that he
did not know, and should not reasonably have known,
that the organization was a terrorist organization;
(V) to solicit any individual--
(aa) to engage in conduct otherwise described in
this subsection;
(bb) for membership in a terrorist organization
described in clause (vi)(I) or (vi)(II); or
(cc) for membership in a terrorist organization
described in clause (vi)(III) unless the solicitor
can demonstrate by clear and convincing evidence
that he did not know, and should not reasonably have
known, that the organization was a terrorist
organization; or
(VI) to commit an act that the actor knows, or
reasonably should know, affords material support,
including a safe house, transportation, communications,
funds, transfer of funds or other material financial
benefit, false documentation or identification, weapons
(including chemical, biological, or radiological
weapons), explosives, or training--
(aa) for the commission of a terrorist activity;
(bb) to any individual who the actor knows, or
reasonably should know, has committed or plans to
commit a terrorist activity;
(cc) to a terrorist organization described in
subclause (I) or (II) of clause (vi) or to any
member of such an organization; or
(dd) to a terrorist organization described in
clause (vi)(III), or to any member of such an
organization, unless the actor can demonstrate by
clear and convincing evidence that the actor did not
know, and should not reasonably have known, that the
organization was a terrorist organization.
(v) ``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.
(vi) ``Terrorist organization'' defined
As used in this section, the term ``terrorist
organization'' means an organization--
(I) designated under section 1189 of this title;
(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in
consultation with or upon the request of the Attorney
General or the Secretary of Homeland Security, as a
terrorist organization, after finding that the
organization engages in the activities described in
subclauses (I) through (VI) of clause (iv); or
(III) that is a group of two or more individuals,
whether organized or not, which engages in, or has a
subgroup which engages in, the activities described in
subclauses (I) through (VI) of clause (iv).
(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 persecution, genocide, or the
commission of any act of torture or extrajudicial
killing
(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 ordered, incited, assisted, or otherwise
participated in conduct outside the United States that
would, if committed in the United States or by a United
States national, be genocide, as defined in section 1091(a)
of title 18, is inadmissible.
(iii) Commission of acts of torture or extrajudicial
killings
Any alien who, outside the United States, has committed,
ordered, incited, assisted, or otherwise participated in the
commission of--
(I) any act of torture, as defined in section 2340
of title 18; or
(II) under color of law of any foreign nation, any
extrajudicial killing, as defined in section 3(a) of the
Torture Victim Protection Act of 1991 (28 U.S.C. 1350
note),
is inadmissible.
(F) Association with terrorist organizations
Any alien who the Secretary of State, after consultation
with the Attorney General, or the Attorney General, after
consultation with the Secretary of State, determines has been
associated with a terrorist organization and intends while in
the United States to engage solely, principally, or incidentally
in activities that could endanger the welfare, safety, or
security of the United States 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;
(II) classification pursuant to clause (ii) or (iii)
of section 1154(a)(1)(B) of this title; or
(III) classification or status as a VAWA self-
petitioner; or
(ii) the person petitioning for the alien's admission
(and any additional sponsor required under section 1183a(f)
of this title or any alternative sponsor permitted under
paragraph (5)(B) of such section) 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.
(iv) Long delayed adjustment applicants
A certification made under clause (i) with respect to an
individual whose petition is covered by section 1154(j) of
this title shall remain valid with respect to a new job
accepted by the individual after the individual changes jobs
or employers if the new job is in the same or a similar
occupational classification as the job for which the
certification was issued.
(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
Subject to subsection (r) of this section, 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 is a VAWA self-petitioner;
(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
(I) In general
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.
(II) Exception
In the case of an alien making a representation
described in subclause (I), if each natural parent of
the alien (or, in the case of an adopted alien, each
adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien
permanently resided in the United States prior to
attaining the age of 16, and the alien reasonably
believed at the time of making such representation that
he or she was a citizen, the alien shall not be
considered to be inadmissible under any provision of
this subsection based on such representation.
(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) \1\ 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.
---------------------------------------------------------------------------
\1\ See Reference in Text note below.
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(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 program
For authority to waive the requirement of clause (i)
under a 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) \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
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\2\ So in original. Probably should be a reference to section 1229c
of this title.
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(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.
(V) Victims of a severe form of trafficking in
persons
Clause (i) shall not apply to an alien who
demonstrates that the severe form of trafficking (as
that term is defined in section 7102 of title 22) was at
least one central reason for the alien's unlawful
presence in the United States.
(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 Secretary of Homeland Security has consented
to the alien's reapplying for admission.
(iii) Waiver
The Secretary of Homeland Security may waive the
application of clause (i) in the case of an alien who is a
VAWA self-petitioner if there is a connection between--
(I) the alien's battering or subjection to extreme
cruelty; and
(II) the alien's removal, departure from the United
States, reentry or reentries into the United States; or
attempted reentry into the United States.
(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
(i) In general
Any alien who has voted in violation of any Federal,
State, or local constitutional provision, statute,
ordinance, or regulation is inadmissible.
(ii) Exception
In the case of an alien who voted in a Federal, State,
or local election (including an initiative, recall, or
referendum) in violation of a lawful restriction of voting
to citizens, if each natural parent of the alien (or, in the
case of an adopted alien, each adoptive parent of the alien)
is or was a citizen (whether by birth or naturalization),
the alien permanently resided in the United States prior to
attaining the age of 16, and the alien reasonably believed
at the time of such violation that he or she was a citizen,
the alien shall not be considered to be inadmissible under
any provision of this subsection based on such violation.
(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 \3\ of status.
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\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)(A) Except as provided in this subsection, an alien (i) 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 clauses (i) and (ii) of paragraph (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 (ii) 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
clauses (i) and (ii) of paragraph (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.
(B)(i) The Secretary of State, after consultation with the Attorney
General and the Secretary of Homeland Security, or the Secretary of
Homeland Security, after consultation with the Secretary of State and
the Attorney General, may conclude in such Secretary's sole unreviewable
discretion that subsection (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) of
this section shall not apply to an alien, that subsection
(a)(3)(B)(iv)(VI) of this section shall not apply with respect to any
material support an alien afforded to an organization or individual that
has engaged in a terrorist activity, or that subsection
(a)(3)(B)(vi)(III) of this section shall not apply to a group solely by
virtue of having a subgroup within the scope of that subsection. The
Secretary of State may not, however, exercise discretion under this
clause with respect to an alien once removal proceedings against the
alien are instituted under section 1229a of this title.
(ii) Not later than 90 days after the end of each fiscal year, the
Secretary of State and the Secretary of Homeland Security shall each
provide to the Committees on the Judiciary of the House of
Representatives and of the Senate, the Committee on International
Relations of the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committee on Homeland Security of the
House of Representatives a report on the aliens to whom such Secretary
has applied clause (i). Within one week of applying clause (i) to a
group, the Secretary of State or the Secretary of Homeland Security
shall provide a report to such Committees.
(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.\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.
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\4\ So in original.
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(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.
(13)(A) The Secretary of Homeland Security shall determine whether a
ground for inadmissibility exists with respect to a nonimmigrant
described in section 1101(a)(15)(T) of this title, except that the
ground for inadmissibility described in subsection (a)(4) of this
section shall not apply with respect to such a nonimmigrant.
(B) In addition to any other waiver that may be available under this
section, in the case of a nonimmigrant described in section
1101(a)(15)(T) of this title, if the Secretary of Homeland Security
considers it to be in the national interest to do so, the Secretary of
Homeland Security, in the Attorney General's \5\ discretion, may waive
the application of--
---------------------------------------------------------------------------
\5\ So in original. Probably should be ``Secretary's''.
---------------------------------------------------------------------------
(i) subsection (a)(1) of this section; and
(ii) any other provision of subsection (a) of this section
(excluding paragraphs (3), (4), (10)(C), and (10(E)) \6\ if the
activities rendering the alien inadmissible under the provision were
caused by, or were incident to, the victimization described in
section 1101(a)(15)(T)(i)(I) of this title.
---------------------------------------------------------------------------
\6\ So in original. Probably should be ``(10)(E))''.
(14) The Secretary of Homeland Security shall determine whether a
ground of inadmissibility exists with respect to a nonimmigrant
described in section 1101(a)(15)(U) of this title. The Secretary of
Homeland Security, in the Attorney General's \5\ 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)(U) of this title, if the Secretary of Homeland Security
considers it to be in the public or national interest to do so.
(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(l) 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.
(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,
(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; or
(C) is a VAWA self-petitioner,
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; or
(C) the alien is a VAWA self-petitioner; 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 or, in the case of a
VAWA self-petitioner, the alien demonstrates extreme hardship to the
alien or the alien's United States citizen, lawful permanent resident,
or qualified alien parent or child.
(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) Omitted.
(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
(1) The qualifications referred to in section 1101(a)(15)(H)(i)(c)
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;
(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)(c)
of this title, with respect to a facility for which an alien will
perform services, is an attestation as to the following:
(i) The facility meets all the requirements of paragraph (6).
(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) 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.
(v) There is not a strike or lockout in the course of a labor
dispute, the facility did not lay off and will not lay off a
registered nurse employed by the facility within the period
beginning 90 days before and ending 90 days after the date of filing
of any visa petition, 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)(c) 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 the registered nurses employed at the facility
through posting in conspicuous locations.
(vii) The facility will not, at any time, employ a number of
aliens issued visas or otherwise provided nonimmigrant status under
section 1101(a)(15)(H)(i)(c) of this title that exceeds 33 percent
of the total number of registered nurses employed by the facility.
(viii) The facility will not, with respect to any alien issued a
visa or otherwise provided nonimmigrant status under section
1101(a)(15)(H)(i)(c) of this title--
(I) authorize the alien to perform nursing services at any
worksite other than a worksite controlled by the facility; or
(II) transfer the place of employment of the alien from one
worksite to another.
Nothing in clause (iv) shall be construed as requiring a facility to
have taken significant steps described in such clause before
November 12, 1999. A copy of the attestation shall be provided,
within 30 days of the date of filing, to registered nurses employed
at the facility on the date of filing.
(B) For purposes of subparagraph (A)(iv), 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 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). Nothing in this subparagraph 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)--
(i) shall expire on the date that is the later of--
(I) the end of the one-year period beginning on the date of
its filing with the Secretary of Labor; or
(II) the end of the period of admission under section
1101(a)(15)(H)(i)(c) of this title of the last alien with
respect to whose admission it was applied (in accordance with
clause (ii)); and
(ii) shall apply to petitions filed during the one-year period
beginning on the date of its filing with the Secretary of Labor 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)(c) 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, including
reasonable time limits, 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. Subject to the
time limits established under this clause, this subparagraph shall apply
regardless of whether an attestation is expired or unexpired at the time
a complaint is filed.
(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 nurse per violation,
with the total penalty not to exceed $10,000 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 one year for nurses to be employed
by the facility.
(v) In addition to the sanctions provided for 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.
(F)(i) The Secretary of Labor shall impose on a facility filing an
attestation under subparagraph (A) a filing fee, in an amount prescribed
by the Secretary based on the costs of carrying out the Secretary's
duties under this subsection, but not exceeding $250.
(ii) Fees collected under this subparagraph shall be deposited in a
fund established for this purpose in the Treasury of the United States.
(iii) The collected fees in the fund shall be available to the
Secretary of Labor, to the extent and in such amounts as may be provided
in appropriations Acts, to cover the costs described in clause (i), in
addition to any other funds that are available to the Secretary to cover
such costs.
(3) The period of admission of an alien under section
1101(a)(15)(H)(i)(c) of this title shall be 3 years.
(4) The total number of nonimmigrant visas issued pursuant to
petitions granted under section 1101(a)(15)(H)(i)(c) of this title in
each fiscal year shall not exceed 500. The number of such visas issued
for employment in each State in each fiscal year shall not exceed the
following:
(A) For States with populations of less than 9,000,000, based
upon the 1990 decennial census of population, 25 visas.
(B) For States with populations of 9,000,000 or more, based upon
the 1990 decennial census of population, 50 visas.
(C) If the total number of visas available under this paragraph
for a fiscal year quarter exceeds the number of qualified
nonimmigrants who may be issued such visas during those quarters,
the visas made available under this paragraph shall be issued
without regard to the numerical limitation under subparagraph (A) or
(B) of this paragraph during the last fiscal year quarter.
(5) A facility that has filed a petition under section
1101(a)(15)(H)(i)(c) of this title to employ a nonimmigrant to perform
nursing services for the facility--
(A) shall provide the nonimmigrant a wage rate and working
conditions commensurate with those of nurses similarly employed by
the facility;
(B) shall require the nonimmigrant to work hours commensurate
with those of nurses similarly employed by the facility; and
(C) shall not interfere with the right of the nonimmigrant to
join or organize a union.
(6) For purposes of this subsection and section 1101(a)(15)(H)(i)(c)
of this title, the term ``facility'' means a subsection (d) hospital (as
defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) that meets the following requirements:
(A) As of March 31, 1997, the hospital was located in a health
professional shortage area (as defined in section 254e of title 42).
(B) Based on its settled cost report filed under title XVIII of
the Social Security Act [42 U.S.C. 1395 et seq.] for its cost
reporting period beginning during fiscal year 1994--
(i) the hospital has not less than 190 licensed acute care
beds;
(ii) the number of the hospital's inpatient days for such
period which were made up of patients who (for such days) were
entitled to benefits under part A of such title [42 U.S.C. 1395c
et seq.] is not less than 35 percent of the total number of such
hospital's acute care inpatient days for such period; and
(iii) the number of the hospital's inpatient days for such
period which were made up of patients who (for such days) were
eligible for medical assistance under a State plan approved
under title XIX of the Social Security Act [42 U.S.C. 1396 et
seq.], is not less than 28 percent of the total number of such
hospital's acute care inpatient days for such period.
(7) For purposes of paragraph (2)(A)(v), the term ``lay off'', with
respect to a worker--
(A) 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; but
(B) 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 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.
Nothing in this paragraph is intended to limit an employee's or an
employer's rights under a collective bargaining agreement or other
employment contract.
(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 \7\ 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.
---------------------------------------------------------------------------
\7\ So in original.
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(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) The Secretary of Labor may initiate an investigation of any
employer that employs nonimmigrants described in section
1101(a)(15)(H)(i)(b) of this title if the Secretary of Labor has
reasonable cause to believe that the employer is not in compliance with
this subsection. In the case of an investigation under this clause, the
Secretary of Labor (or the acting Secretary in the case of the absence
of \8\ disability of the Secretary of Labor) shall personally certify
that reasonable cause exists and shall approve commencement of the
investigation. The investigation may be initiated for reasons other than
completeness and obvious inaccuracies by the employer in complying with
this subsection.
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\8\ So in original. Probably should be ``or''.
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(ii) If the Secretary of Labor 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 of Labor,
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)(C), (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 of Labor may conduct an
investigation into the alleged failure or failures. The Secretary of
Labor 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.
(iii) The Secretary of Labor shall establish a procedure for any
person desiring to provide to the Secretary of Labor information
described in clause (ii) that may be used, in whole or in part, as the
basis for the commencement of an investigation described in such clause,
to provide the information in writing on a form developed and provided
by the Secretary of Labor 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 (iv)(II)
(although an officer or employee of the Department of Labor may complete
the form on behalf of the person).
(iv) Any investigation initiated or approved by the Secretary of
Labor under clause (ii) 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 of \8\ any other Act.
(v) The receipt by the Secretary of Labor of information submitted
by an employer to the Attorney General or the Secretary of Labor for
purposes of securing the employment of a nonimmigrant described in
section 1101(a)(15)(H)(i)(b) of this title shall not be considered a
receipt of information for purposes of clause (ii).
(vi) No investigation described in clause (ii) (or hearing described
in clause (viii) based on such investigation) may be conducted with
respect to information about a failure to meet a condition described in
clause (ii), unless the Secretary of Labor receives the information not
later than 12 months after the date of the alleged failure.
(vii) The Secretary of Labor shall provide notice to an employer
with respect to whom there is reasonable cause to initiate an
investigation described in clauses \9\ (i) or (ii), prior to the
commencement of an investigation under such clauses, of the intent to
conduct 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
of Labor is not required to comply with this clause if the Secretary of
Labor determines that to do so would interfere with an effort by the
Secretary of Labor to secure compliance by the employer with the
requirements of this subsection. There shall be no judicial review of a
determination by the Secretary of Labor under this clause.
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\9\ So in original. Probably should be ``clause''.
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(viii) An investigation under clauses \9\ (i) or (ii) may be
conducted for a period of up to 60 days. If the Secretary of Labor
determines after such an investigation that a reasonable basis exists to
make a finding that the employer has committed a willful failure to meet
a condition of paragraph (1)(A), (1)(B), (1)(C), (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 of Labor 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 120 days after the date of the determination. If such a hearing
is requested, the Secretary of Labor shall make a finding concerning the
matter by not later than 120 days after the date of the hearing.
(H)(i) Except as provided in clauses (ii) and (iii), a person or
entity is considered to have complied with the requirements of this
subsection, notwithstanding a technical or procedural failure to meet
such requirements, if there was a good faith attempt to comply with the
requirements.
(ii) Clause (i) shall not apply if--
(I) the Department of Labor (or another enforcement agency) has
explained to the person or entity the basis for the failure;
(II) the person or entity has been provided a period of not less
than 10 business days (beginning after the date of the explanation)
within which to correct the failure; and
(III) the person or entity has not corrected the failure
voluntarily within such period.
(iii) A person or entity that, in the course of an investigation, is
found to have violated the prevailing wage requirements set forth in
paragraph (1)(A), shall not be assessed fines or other penalties for
such violation if the person or entity can establish that the manner in
which the prevailing wage was calculated was consistent with recognized
industry standards and practices.
(iv) Clauses (i) and (iii) shall not apply to a person or entity
that has engaged in or is engaging in a pattern or practice of willful
violations of this subsection.
(I) 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
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 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.
(3) The prevailing wage required to be paid pursuant to subsections
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section shall
be 100 percent of the wage determined pursuant to those sections.
(4) Where the Secretary of Labor uses, or makes available to
employers, a governmental survey to determine the prevailing wage, such
survey shall provide at least 4 levels of wages commensurate with
experience, education, and the level of supervision. Where an existing
government survey has only 2 levels, 2 intermediate levels may be
created by dividing by 3, the difference between the 2 levels offered,
adding the quotient thus obtained to the first level and subtracting
that quotient from the second level
(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.
(r) Exception for certain alien nurses
Subsection (a)(5)(C) of this section shall not apply to an alien who
seeks to enter the United States for the purpose of performing labor as
a nurse who presents to the consular officer (or in the case of an
adjustment of status, the Attorney General) a certified statement from
the Commission on Graduates of Foreign Nursing Schools (or an equivalent
independent credentialing organization approved for the certification of
nurses under subsection (a)(5)(C) of this section by the Attorney
General in consultation with the Secretary of Health and Human Services)
that--
(1) the alien has a valid and unrestricted license as a nurse in
a State where the alien intends to be employed and such State
verifies that the foreign licenses of alien nurses are authentic and
unencumbered;
(2) the alien has passed the National Council Licensure
Examination (NCLEX);
(3) the alien is a graduate of a nursing program--
(A) in which the language of instruction was English;
(B) located in a country--
(i) designated by such commission not later than 30 days
after November 12, 1999, based on such commission's
assessment that the quality of nursing education in that
country, and the English language proficiency of those who
complete such programs in that country, justify the
country's designation; or
(ii) designated on the basis of such an assessment by
unanimous agreement of such commission and any equivalent
credentialing organizations which have been approved under
subsection (a)(5)(C) of this section for the certification
of nurses under this subsection; and
(C)(i) which was in operation on or before November 12,
1999; or
(ii) has been approved by unanimous agreement of such
commission and any equivalent credentialing organizations which
have been approved under subsection (a)(5)(C) of this section
for the certification of nurses under this subsection.
(s) Consideration of benefits received as battered alien in
determination of inadmissibility as likely to become public
charge
In determining whether an alien described in subsection (a)(4)(C)(i)
of this section is inadmissible under subsection (a)(4) of this section
or ineligible to receive an immigrant visa or otherwise to adjust to the
status of permanent resident by reason of subsection (a)(4) of this
section, the consular officer or the Attorney General shall not consider
any benefits the alien may have received that were authorized under
section 1641(c) of this title.
(t) \10\ Nonimmigrant professionals; labor attestations
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\10\ So in original. Two subsecs. (t) have been enacted.
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(1) No alien may be admitted or provided status as a nonimmigrant
under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title in an occupational classification
unless the employer has filed with the Secretary of Labor an attestation
stating the following:
(A) The employer--
(i) is offering and will offer during the period of
authorized employment to aliens admitted or provided status
under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title 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 attestation; 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 attestation--
(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
nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title
or section 1101(a)(15)(E)(iii) of this title are sought.
(D) 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.
(2)(A) The employer shall make available for public examination,
within one working day after the date on which an attestation under this
subsection is filed, at the employer's principal place of business or
worksite, a copy of each such attestation (and such accompanying
documents as are necessary).
(B)(i) The Secretary of Labor shall compile, on a current basis, a
list (by employer and by occupational classification) of the
attestations filed under this subsection. Such list shall include, with
respect to each attestation, the wage rate, number of aliens sought,
period of intended employment, and date of need.
(ii) The Secretary of Labor shall make such list available for
public examination in Washington, D.C.
(C) The Secretary of Labor shall review an attestation filed under
this subsection only for completeness and obvious inaccuracies. Unless
the Secretary of Labor finds that an attestation is incomplete or
obviously inaccurate, the Secretary of Labor shall provide the
certification described in section 1101(a)(15)(H)(i)(b1) of this title
or section 1101(a)(15)(E)(iii) of this title within 7 days of the date
of the filing of the attestation.
(3)(A) The Secretary of Labor shall establish a process for the
receipt, investigation, and disposition of complaints respecting the
failure of an employer to meet a condition specified in an attestation
submitted under this subsection or misrepresentation by the employer of
material facts in such an attestation. 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 of Labor shall conduct an investigation
under this paragraph if there is reasonable cause to believe that such a
failure or misrepresentation has occurred.
(B) Under the process described in subparagraph (A), the Secretary
of Labor shall provide, within 30 days after the date 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
of Labor determines that such a reasonable basis exists, the Secretary
of Labor 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 of
Labor 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 of Labor may consolidate
the hearings under this subparagraph on such complaints.
(C)(i) If the Secretary of Labor 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 paragraph (1)(C) or (1)(D),
or a misrepresentation of material fact in an attestation--
(I) the Secretary of Labor shall notify the Secretary of State
and the Secretary of Homeland Security 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 of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or
applications filed with respect to that employer under section 1154,
1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this title
during a period of at least 1 year for aliens to be employed by the
employer.
(ii) If the Secretary of Labor 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 attestation, or a
violation of clause (iv)--
(I) the Secretary of Labor shall notify the Secretary of State
and the Secretary of Homeland Security 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 of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or
applications filed with respect to that employer under section 1154,
1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this title
during a period of at least 2 years for aliens to be employed by the
employer.
(iii) If the Secretary of Labor 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 attestation, 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 or application supported by the attestation--
(I) the Secretary of Labor shall notify the Secretary of State
and the Secretary of Homeland Security 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 of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or
applications filed with respect to that employer under section 1154,
1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) 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 attestation 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 Secretary of Homeland Security
shall devise a process under which a nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of
this title 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 attestation under this subsection to require a nonimmigrant
under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title to pay a penalty for ceasing
employment with the employer prior to a date agreed to by the
nonimmigrant and the employer. The Secretary of Labor shall determine
whether a required payment is a penalty (and not liquidated damages)
pursuant to relevant State law.
(II) If the Secretary of Labor finds, after notice and opportunity
for a hearing, that an employer has committed a violation of this
clause, the Secretary of Labor 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 attestation under this subsection and who
places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title
or section 1101(a)(15)(E)(iii) of this title designated as a full-time
employee in the attestation, 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 attestation under this subsection and who
places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title
or section 1101(a)(15)(E)(iii) of this title designated as a part-time
employee in the attestation, 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 the attestation
consistent with the rate of pay identified on the attestation.
(III) In the case of a nonimmigrant under section
1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of
this title who has not yet entered into employment with an employer who
has had approved an attestation under this subsection 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, 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 attestation filed with the Secretary of Labor.
(IV) This clause does not apply to a failure to pay wages to a
nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
section 1101(a)(15)(E)(iii) of this title 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 a
nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
section 1101(a)(15)(E)(iii) of this title an established salary practice
of the employer, under which the employer pays to nonimmigrants under
section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title 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 attestation under this subsection to fail
to offer to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this
title or section 1101(a)(15)(E)(iii) of this title, 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 non-cash
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 of Labor finds, after notice and opportunity
for a hearing, that an employer has not paid wages at the wage level
specified in the attestation and required under paragraph (1), the
Secretary of Labor 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) The Secretary of Labor 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 which the employer is found by the Secretary of
Labor to have committed a willful failure to meet a condition of
paragraph (1) or to have made a willful misrepresentation of material
fact in an attestation. The authority of the Secretary of Labor under
this subparagraph shall not be construed to be subject to, or limited
by, the requirements of subparagraph (A).
(F) 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.
(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 nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this
title or section 1101(a)(15)(E)(iii) of this title 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 attestation with respect to one or more
nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or
section 1101(a)(15)(E)(iii) of this title 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)(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; 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 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.
(D) 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
Secretary of Homeland Security, to be employed.
(t) \11\ Foreign residence requirement
---------------------------------------------------------------------------
\11\ So in original. Two subsecs. (t) have been enacted.
---------------------------------------------------------------------------
(1) Except as provided in paragraph (2), no person admitted under
section 1101(a)(15)(Q)(ii)(I) of this title, or acquiring such status
after admission, shall be eligible to apply for nonimmigrant status, an
immigrant visa, or permanent residence under this chapter until it is
established that such person has resided and been physically present in
the person's country of nationality or last residence for an aggregate
of at least 2 years following departure from the United States.
(2) The Secretary of Homeland Security may waive the requirement of
such 2-year foreign residence abroad if the Secretary determines that--
(A) 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 an alien lawfully admitted for
permanent residence); or
(B) the admission of the alien is in the public interest or the
national interest of the United States.
(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, Secs. 11-15, Sept. 26, 1961, 75 Stat. 654, 655; Pub. L. 89-236,
Secs. 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, Secs. 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, Secs. 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, Secs. 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, Secs. 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, Secs. 202(b), 205(c)(3),
title V, Secs. 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, Secs. 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, Secs. 203(a), 219(e), (z)(1), (5), 220(a), Oct. 25, 1994, 108
Stat. 4311, 4316, 4318, 4319; Pub. L. 104-132, title IV, Secs. 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, Secs. 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, Secs. 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, Secs. 412(a)-(c), 413(a)-
(e)(1), (f), 415(a), 431(a), div. G, subdiv. B, 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; Pub. L. 106-95, Secs. 2(b), 4(a), Nov. 12, 1999,
113 Stat. 1312, 1317; Pub. L. 106-120, title VIII, Sec. 809, Dec. 3,
1999, 113 Stat. 1632; Pub. L. 106-313, title I, Secs. 106(c)(2), 107(a),
Oct. 17, 2000, 114 Stat. 1254, 1255; Pub. L. 106-386, div. A,
Secs. 107(e)(3), 111(d), div. B, title V, Secs. 1505(a), (c)(1), (d)-
(f), 1513(e), Oct. 28, 2000, 114 Stat. 1478, 1485, 1525, 1526, 1536;
Pub. L. 106-395, title II, Sec. 201(b)(1), (2), Oct. 30, 2000, 114 Stat.
1633, 1634; Pub. L. 106-396, title I, Sec. 101(b)(1), Oct. 30, 2000, 114
Stat. 1638; Pub. L. 107-56, title IV, Sec. 411(a), title X,
Sec. 1006(a), Oct. 26, 2001, 115 Stat. 345, 394; Pub. L. 107-150,
Sec. 2(a)(2), Mar. 13, 2002, 116 Stat. 74; Pub. L. 107-273, div. C,
title I, Sec. 11018(c), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 108-77,
title IV, Sec. 402(b), (c), Sept. 3, 2003, 117 Stat. 940, 946; Pub. L.
108-193, Secs. 4(b)(4), 8(a)(2), Dec. 19, 2003, 117 Stat. 2879, 2886;
Pub. L. 108-447, div. J, title IV, Secs. 422(a), 423, 424(a)(1), (b),
Dec. 8, 2004, 118 Stat. 3353-3355; Pub. L. 108-449, Sec. 1(b)(2), Dec.
10, 2004, 118 Stat. 3470; Pub. L. 108-458, title V, Secs. 5501(a),
5502(a), 5503, Dec. 17, 2004, 118 Stat. 3740, 3741; Pub. L. 109-13, div.
B, title I, Secs. 103(a)-(c), 104, title V, Sec. 501(d), May 11, 2005,
119 Stat. 306-309, 322; Pub. L. 109-162, title VIII, Sec. 802, Jan. 5,
2006, 119 Stat. 3054; Pub. L. 109-271, Sec. 6(b), Aug. 12, 2006, 120
Stat. 762.)
Amendment of Section
For termination of amendment by section 107(c) of Pub. L. 108-
77, see Effective and Termination Dates of 2003 Amendment note
below.
References in Text
Section 3(a) of the Torture Victim Protection Act of 1991, referred
to in subsec. (a)(3)(E)(iii)(II), is section 3(a) of Pub. L. 102-256,
which is set out as a note under section 1350 of Title 28, Judiciary and
Judicial Procedure.
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(l) of this title, referred to in subsec. (a)(6)(G),
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, and redesignated subsec.(m) of section 1184 by Pub. L.
106-386, div. A, Sec. 107(e)(2)(A), Oct. 28, 2000, 114 Stat. 1478.
The Social Security Act, referred to in subsec. (m)(6)(B), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX
of the Act are classified generally to subchapters XVIII (Sec. 1395 et
seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of Title
42, The Public Health and Welfare. Part A of title XVIII of the Act is
classified generally to part A (Sec. 1395c et seq.) of subchapter XVIII
of chapter 7 of Title 42. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
Codification
Subsection (j)(3), which required the Director of the United States
Information Agency to transmit an annual report to Congress on aliens
submitting affidavits described in subsection (j)(1)(E) of this section,
terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L.
104-66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance. See, also, page 193 of House Document No. 103-7.
Amendments
2006--Subsec. (a)(4)(C)(i)(I). Pub. L. 109-271, Sec. 6(b)(1)(A)(i),
which directed the amendment of subsec. (a)(4)(C)(i)(II) by substituting
a semicolon for ``, or'', was executed to subsec. (a)(4)(C)(i)(I), to
reflect the probable intent of Congress. The quoted matter did not
appear in subsec. (a)(4)(C)(i)(II).
Subsec. (a)(4)(C)(i)(III). Pub. L. 109-271, Sec. 6(b)(1)(A)(ii),
added subcl. (III).
Subsec. (a)(6)(A)(ii)(I). Pub. L. 109-271, Sec. 6(b)(1)(B), amended
subcl. (I) generally. Prior to amendment, subcl. (I) read as follows:
``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,''.
Subsec. (a)(9)(B)(iii)(V). Pub. L. 109-162, Sec. 802(a), added
subcl. (V).
Subsec. (a)(9)(C)(ii). Pub. L. 109-271, Sec. 6(b)(1)(C), substituted
``the Secretary of Homeland Security has consented to the alien's
reapplying for admission.'' for ``the Attorney General has consented to
the alien's reapplying for admission. The Attorney General in the
Attorney General's discretion may waive the provisions of subsection
(a)(9)(C)(i) of this section in the case of an alien to whom the
Attorney General has granted classification under clause (iii), (iv), or
(v) of section 1154(a)(1)(A) of this title, or classification under
clause (ii), (iii), or (iv) of section 1154(a)(1)(B) of this title, in
any case in which there is a connection between--
``(1) the alien's having been battered or subjected to extreme
cruelty; and
``(2) the alien's--
``(A) removal;
``(B) departure from the United States;
``(C) reentry or reentries into the United States; or
``(D) attempted reentry into the United States.''
Subsec. (a)(9)(C)(iii). Pub. L. 109-271, Sec. 6(b)(1)(C), added
subpar. (iii).
Subsec. (d)(13), (14). Pub. L. 109-162, Sec. 802(b), substituted
``Secretary of Homeland Security'' for ``Attorney General'' wherever
appearing.
Subsec. (g)(1)(C). Pub. L. 109-271, Sec. 6(b)(2), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
``qualifies for classification under clause (iii) or (iv) of section
1154(a)(1)(A) of this title or classification under clause (ii) or (iii)
of section 1154(a)(1)(B) of this title;''.
Subsec. (h)(1)(C). Pub. L. 109-271, Sec. 6(b)(3), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows: ``the
alien qualifies for classification under clause (iii) or (iv) of section
1154(a)(1)(A) of this title or classification under clause (ii) or (iii)
of section 1154(a)(1)(B) of this title; and''.
Subsec. (i)(1). Pub. L. 109-271, Sec. 6(b)(4), substituted ``a VAWA
self-petitioner'' for ``an alien granted classification under clause
(iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or
(iii) of section 1154(a)(1)(B) of this title''.
2005--Subsec. (a)(3)(B)(i). Pub. L. 109-13, Sec. 103(a), reenacted
heading without change and amended first sentence of cl. (i) generally,
substituting general provisions relating to inadmissibility of aliens
engaging in terrorist activities for former provisions relating to
inadmissibility of any alien who had engaged in a terrorist activity,
any alien who a consular officer or the Attorney General knew or
reasonably believed had engaged in terrorist activity, any alien who had
incited terrorist activity, any alien who was a representative of a
foreign terrorist organization or group that had publicly endorsed
terrorist acts, any alien who was a member of a foreign terrorist
organization, any alien who had used the alien's position of prominence
to endorse terrorist activity, and any alien who was the spouse or child
of an alien who had been found inadmissible, if the activity causing the
alien to be found inadmissible had occurred within the last 5 years.
Subsec. (a)(3)(B)(iv). Pub. L. 109-13, Sec. 103(b), reenacted
heading without change and amended text of cl. (iv) generally,
substituting provisions defining the term ``engage in terrorist
activity'' in subcls. (I) to (VI), including provisions relating to
demonstration of certain knowledge by clear and convincing evidence, for
provisions defining the term ``engage in terrorist activity'' in
somewhat similar subcls. (I) to (VI) which did not include provisions
relating to demonstration of certain knowledge by clear and convincing
evidence.
Subsec. (a)(3)(B)(vi). Pub. L. 109-13, Sec. 103(c), amended heading
and text of cl. (vi) generally. Prior to amendment, text read as
follows: ``As used in clause (i)(VI) and clause (iv), the term
`terrorist organization' means an organization--
``(I) designated under section 1189 of this title;
``(II) otherwise designated, upon publication in the Federal
Register, by the Secretary of State in consultation with or upon the
request of the Attorney General, as a terrorist organization, after
finding that the organization engages in the activities described in
subclause (I), (II), or (III) of clause (iv), or that the
organization provides material support to further terrorist
activity; or
``(III) that is a group of two or more individuals, whether
organized or not, which engages in the activities described in
subclause (I), (II), or (III) of clause (iv).''
Subsec. (d)(3). Pub. L. 109-13, Sec. 104, designated existing
provisions as subpar. (A), redesignated former subpars. (A) and (B) as
cls. (i) and (ii), respectively, and added subpar. (B).
Subsec. (t). Pub. L. 109-13, Sec. 501(d)(1), inserted ``or section
1101(a)(15)(E)(iii) of this title'' after ``section
1101(a)(15)(H)(i)(b1) of this title'' wherever appearing.
Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II). Pub. L. 109-13,
Sec. 501(d)(2), substituted ``1101(a)(15)(H)(i)(b1), or
1101(a)(15)(E)(iii)'' for ``or 1101(a)(15)(H)(i)(b1)''.
2004--Subsec. (a)(2)(G). Pub. L. 108-458, Sec. 5502(a), amended
heading and text of subpar. (G) generally. Prior to amendment, text read
as follows: ``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.''
Subsec. (a)(3)(E). Pub. L. 108-458, Sec. 5501(a)(3), which directed
substitution of ``Participants in Nazi persecution, genocide, or the
commission of any act of torture or extrajudicial killing'' for
``Participants in nazi persecution or genocide'' in heading, was
executed by making the substitution for ``Participants in Nazi
persecutions or genocide'' to reflect the probable intent of Congress.
Subsec. (a)(3)(E)(ii). Pub. L. 108-458, Sec. 5501(a)(1), substituted
``ordered, incited, assisted, or otherwise participated in conduct
outside the United States that would, if committed in the United States
or by a United States national, be genocide, as defined in section
1091(a) of title 18, is inadmissible'' for ``has engaged in conduct that
is defined as genocide for purposes of the International Convention on
the Prevention and Punishment of Genocide is inadmissible''.
Subsec. (a)(3)(E)(iii). Pub. L. 108-458, Sec. 5501(a)(2), added cl.
(iii).
Subsec. (d)(3)(A), (B). Pub. L. 108-458, Sec. 5503, substituted
``and clauses (i) and (ii) of paragraph (3)(E)'' for ``and (3)(E)''.
Subsec. (n)(1)(E)(ii). Pub. L. 108-447, Sec. 422(a), struck out
``October 1, 2003,'' before ``by an H-1B-dependent employer''.
Subsec. (n)(2)(G). Pub. L. 108-447, Sec. 424(a)(1), added subpar.
(G).
Subsec. (n)(2)(H), (I). Pub. L. 108-447, Sec. 424(b), added subpar.
(H) and redesignated former subpar. (H) as (I).
Subsec. (p). Pub. L. 108-449, Sec. 1(b)(2)(A), which directed
redesignation of subsec. (p), relating to consideration of benefits
received as battered alien in determination of inadmissibility as likely
to become public charge, as (s), could not be executed because of the
previous temporary redesignation by Pub. L. 108-77, Sec. 402(b)(1). See
2003 Amendment note below.
Subsec. (p)(3), (4). Pub. L. 108-447, Sec. 423, added pars. (3) and
(4).
Subsec. (s). Pub. L. 108-449, Sec. 1(b)(2)(A), which directed
redesignation of subsec. (p), relating to consideration of benefits
received as battered alien in determination of inadmissibility as likely
to become public charge, as (s), could not be executed because of the
previous redesignation by Pub. L. 108-77, Sec. 402(b)(1). See 2003
Amendment note below.
Subsec. (t). Pub. L. 108-449, Sec. 1(b)(2)(B), added subsec. (t)
relating to foreign residence requirement.
2003--Subsec. (d)(13). Pub. L. 108-193, Sec. 8(a)(2), redesignated
par. (13), relating to Attorney General's determination whether a ground
for inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(U) of this title, as (14).
Subsec. (d)(13)(A). Pub. L. 108-193, Sec. 4(b)(4)(A), inserted ``,
except that the ground for inadmissibility described in subsection
(a)(4) of this section shall not apply with respect to such a
nonimmigrant'' before period at end.
Subsec. (d)(13)(B)(i). Pub. L. 108-193, Sec. 4(b)(4)(B)(i), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows:
``paragraphs (1) and (4) of subsection (a) of this section; and''.
Subsec. (d)(13)(B)(ii). Pub. L. 108-193, Sec. 4(b)(4)(B)(ii),
substituted ``subsection (a) of this section'' for ``such subsection''
and inserted ``(4),'' after ``(3),''.
Subsec. (d)(14). Pub. L. 108-193, Sec. 8(a)(2), redesignated par.
(13), relating to Attorney General's determination whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(U) of this title, as (14).
Subsec. (p). Pub. L. 108-77, Secs. 107(c), 402(b)(1), temporarily
redesignated subsec. (p), relating to consideration of benefits received
as battered alien in determination of inadmissibility as likely to
become public charge, as (s). See Effective and Termination Dates of
2003 Amendment note below.
Subsec. (p)(1). Pub. L. 108-77, Secs. 107(c), 402(c), temporarily
substituted ``(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' for
``(n)(1)(A)(i)(II) and (a)(5)(A)''. See Effective and Termination Dates
of 2003 Amendment note below.
Subsec. (s). Pub. L. 108-77, Secs. 107(c), 402(b)(1), temporarily
redesignated subsec. (p), relating to consideration of benefits received
as battered alien in determination of inadmissibility as likely to
become public charge, as (s). See Effective and Termination Dates of
2003 Amendment note below.
Subsec. (t). Pub. L. 108-77, Secs. 107(c), 402(b)(2), temporarily
added subsec. (t). See Effective and Termination Dates of 2003 Amendment
note below.
2002--Subsec. (a)(4)(C)(ii). Pub. L. 107-150 substituted ``(and any
additional sponsor required under section 1183a(f) of this title or any
alternative sponsor permitted under paragraph (5)(B) of such section)''
for ``(including any additional sponsor required under section 1183a(f)
of this title)''.
Subsec. (e). Pub. L. 107-273 substituted ``section 1184(l)'' for
``section 1184(k)''.
2001--Subsec. (a)(2)(I). Pub. L. 107-56, Sec. 1006(a), added subpar.
(I).
Subsec. (a)(3)(B)(i)(II). Pub. L. 107-56, Sec. 411(a)(1)(C),
substituted ``clause (iv)'' for ``clause (iii)''.
Subsec. (a)(3)(B)(i)(IV). Pub. L. 107-56, Sec. 411(a)(1)(A)(i),
amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as
follows: ``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''.
Subsec. (a)(3)(B)(i)(V). Pub. L. 107-56, Sec. 411(a)(1)(A)(ii),
inserted ``or'' after ``section 1189 of this title,''.
Subsec. (a)(3)(B)(i)(VI), (VII). Pub. L. 107-56,
Sec. 411(a)(1)(A)(iii), which directed addition of subcls. (VI) and
(VII) at end of cl. (i), was executed by making the addition after
subcl. (V) and before concluding provisions of cl. (i) to reflect the
probable intent of Congress.
Subsec. (a)(3)(B)(ii). Pub. L. 107-56, Sec. 411(a)(1)(D), added cl.
(ii). Former cl. (ii) redesignated (iii).
Subsec. (a)(3)(B)(iii). Pub. L. 107-56, Sec. 411(a)(1)(E)(i),
inserted ``it had been'' before ``committed in the United States'' in
introductory provisions.
Pub. L. 107-56, Sec. 411(a)(1)(B), redesignated cl. (ii) as (iii).
Former cl. (iii) redesignated (iv).
Subsec. (a)(3)(B)(iii)(V)(b). Pub. L. 107-56, Sec. 411(a)(1)(E)(ii),
substituted ``, firearm, or other weapon or dangerous device'' for ``or
firearm''.
Subsec. (a)(3)(B)(iv). Pub. L. 107-56, Sec. 411(a)(1)(F), reenacted
heading without change and amended text of cl. (iv) generally. Prior to
amendment, text read as follows: ``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.''
Pub. L. 107-56, Sec. 411(a)(1)(B), redesignated cl. (iii) as (iv).
Former cl. (iv) redesignated (v).
Subsec. (a)(3)(B)(v). Pub. L. 107-56, Sec. 411(a)(1)(B),
redesignated cl. (iv) as (v).
Subsec. (a)(3)(B)(vi). Pub. L. 107-56, Sec. 411(a)(1)(G), added cl.
(vi).
Subsec. (a)(3)(F). Pub. L. 107-56, Sec. 411(a)(2), added subpar.
(F).
2000--Subsec. (a)(2)(H). Pub. L. 106-386, Sec. 111(d), added subpar.
(H).
Subsec. (a)(5)(A)(iv). Pub. L. 106-313, Sec. 106(c)(2), added cl.
(iv).
Subsec. (a)(6)(C)(ii). Pub. L. 106-395, Sec. 201(b)(2), amended
heading and text of cl. (ii) generally. Prior to amendment, text read as
follows: ``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.''
Subsec. (a)(7)(B)(iv). Pub. L. 106-396 struck out ``pilot'' before
``program'' in heading and text.
Subsec. (a)(9)(C)(ii). Pub. L. 106-386, Sec. 1505(a), inserted at
end ``The Attorney General in the Attorney General's discretion may
waive the provisions of subsection (a)(9)(C)(i) of this section in the
case of an alien to whom the Attorney General has granted classification
under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this title,
or classification under clause (ii), (iii), or (iv) of section
1154(a)(1)(B) of this title, in any case in which there is a connection
between--'' and added subcls. (1) and (2).
Subsec. (a)(10)(D). Pub. L. 106-395, Sec. 201(b)(1), amended heading
and text of subpar. (D) generally. Prior to amendment, text read as
follows: ``Any alien who has voted in violation of any Federal, State,
or local constitutional provision, statute, ordinance, or regulation is
inadmissible.''
Subsec. (d)(13). Pub. L. 106-386, Sec. 1513(e), added par. (13)
relating to Attorney General's determination whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(U) of this title.
Pub. L. 106-386, Sec. 107(e)(3), added par. (13) relating to
Attorney General's determination whether a ground for inadmissibility
exists with respect to a nonimmigrant described in section
1101(a)(15)(T) of this title.
Subsec. (g)(1)(C). Pub. L. 106-386, Sec. 1505(d), added subpar. (C).
Subsec. (h)(1)(C). Pub. L. 106-386, Sec. 1505(e), added subpar. (C).
Subsec. (i)(1). Pub. L. 106-386, Sec. 1505(c)(1), inserted before
period at end ``or, in the case of an alien granted classification under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause
(ii) or (iii) of section 1154(a)(1)(B) of this title, the alien
demonstrates extreme hardship to the alien or the alien's United States
citizen, lawful permanent resident, or qualified alien parent or
child''.
Subsec. (n)(1)(E)(ii). Pub. L. 106-313, Sec. 107(a), substituted
``October 1, 2003'' for ``October 1, 2001''.
Subsec. (p). Pub. L. 106-386, Sec. 1505(f), added subsec. (p)
relating to consideration of benefits received as battered alien in
determination of inadmissibility as likely to become public charge.
1999--Subsec. (a)(2)(C). Pub. L. 106-120 amended heading and text of
subpar. (C) generally. Prior to amendment, text read as follows: ``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.''
Subsec. (a)(5)(C). Pub. L. 106-95, Sec. 4(a)(2), substituted
``Subject to subsection (r) of this section, any alien who seeks'' for
``Any alien who seeks'' in introductory provisions.
Subsec. (m). Pub. L. 106-95, Sec. 2(b), amended subsec. (m)
generally, adding provisions providing that no more than 33 percent of a
facility's workforce may be nonimmigrant aliens and making issuance of
visas dependent upon State populations, and revising period of admission
from a maximum of 6 years to 3 years.
Subsec. (r). Pub. L. 106-95, Sec. 4(a)(1), added subsec. (r).
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)
relating to computation of prevailing wage level.
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,
Secs. 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, Secs. 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, Secs. 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 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.
Effective Date of 2005 Amendment
Pub. L. 109-13, div. B, title I, Sec. 103(d), May 11, 2005, 119
Stat. 308, provided that: ``The amendments made by this section
[amending this section] shall take effect on the date of the enactment
of this division [May 11, 2005], and these amendments, and section
212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)), as amended by this section, shall apply to--
``(1) removal proceedings instituted before, on, or after the
date of the enactment of this division; and
``(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal occurring or
existing before, on, or after such date.''
Effective Date of 2004 Amendments
Pub. L. 108-458, title V, Sec. 5501(c), Dec. 17, 2004, 118 Stat.
3740, provided that: ``The amendments made by this section [amending
this section and section 1227 of this title] shall apply to offenses
committed before, on, or after the date of enactment of this Act [Dec.
17, 2004].''
Pub. L. 108-447, div. J, title IV, Sec. 424(a)(2), Dec. 8, 2004, 118
Stat. 3355, provided that: ``The amendment made by paragraph (1)
[amending this section] shall take effect as if enacted on October 1,
2003.''
Pub. L. 108-447, div. J, title IV, Sec. 430, Dec. 8, 2004, 118 Stat.
3361, provided that:
``(a) In General.--Except as provided in subsection (b), this
subtitle [subtitle B (Secs. 421-430) of title IV of div. J of Pub. L.
108-447, enacting section 1381 of this title, amending this section,
sections 1184, and 1356 of this title, section 2916a of Title 29, Labor,
and section 1869c of Title 42, The Public Health and Welfare, and
enacting provisions set out as notes under this section and sections
1101 and 1184 of this title] and the amendments made by this subtitle
shall take effect 90 days after the date of enactment of this Act [Dec.
8, 2004].
``(b) Exceptions.--The amendments made by sections 422(b), 426(a),
and 427 [amending sections 1184 and 1356 of this title] shall take
effect upon the date of enactment of this Act [Dec. 8, 2004].''
Effective and Termination Dates of 2003 Amendment
Amendment by Pub. L. 108-77 effective on the date the United States-
Chile Free Trade Agreement enters into force (Jan. 1, 2004), and ceases
to be effective on the date the Agreement ceases to be in force, see
section 107 of Pub. L. 108-77, set out in a note under section 3805 of
Title 19, Customs Duties.
Effective Date of 2002 Amendments
Pub. L. 107-273, div. C, title I, Sec. 11018(d), Nov. 2, 2002, 116
Stat. 1825, provided that: ``The amendments made by this section
[amending this section, section 1184 of this title, and provisions set
out as a note under this section] shall take effect as if this Act [see
Tables for classification] were enacted on May 31, 2002.''
Pub. L. 107-150, Sec. 2(b), Mar. 13, 2002, 116 Stat. 75, provided
that: ``The amendments made by subsection (a) [amending this section and
section 1183a of this title] shall apply with respect to deaths
occurring before, on, or after the date of the enactment of this Act
[Mar. 13, 2002], except that, in the case of a death occurring before
such date, such amendments shall apply only if--
``(1) the sponsored alien--
``(A) requests the Attorney General to reinstate the
classification petition that was filed with respect to the alien
by the deceased and approved under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) before such
death; and
``(B) demonstrates that he or she is able to satisfy the
requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C.
1182(a)(4)(C)(ii)) by reason of such amendments; and
``(2) the Attorney General reinstates such petition after making
the determination described in section 213A(f)(5)(B)(ii) of such Act
[8 U.S.C. 1183a(f)(5)(B)(ii)] (as amended by subsection (a)(1) of
this Act).''
Effective Date of 2001 Amendment
Pub. L. 107-56, title IV, Sec. 411(c), Oct. 26, 2001, 115 Stat. 348,
provided that:
``(1) In general.--Except as otherwise provided in this subsection,
the amendments made by this section [amending this section and sections
1158, 1189, and 1227 of this title] shall take effect on the date of the
enactment of this Act [Oct. 26, 2001] and shall apply to--
``(A) actions taken by an alien before, on, or after such date;
and
``(B) all aliens, without regard to the date of entry or
attempted entry into the United States--
``(i) in removal proceedings on or after such date (except
for proceedings in which there has been a final administrative
decision before such date); or
``(ii) seeking admission to the United States on or after
such date.
``(2) Special rule for aliens in exclusion or deportation
proceedings.--Notwithstanding any other provision of law, sections
212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as
amended by this Act [8 U.S.C. 1182(a)(3)(B), 1227(a)(4)(B)], shall apply
to all aliens in exclusion or deportation proceedings on or after the
date of the enactment of this Act [Oct. 26, 2001] (except for
proceedings in which there has been a final administrative decision
before such date) as if such proceedings were removal proceedings.
``(3) Special rule for section 219 organizations and organizations
designated under section 212(a)(3)(B)(vi)(II).--
``(A) In general.--Notwithstanding paragraphs (1) and (2), no
alien shall be considered inadmissible under section 212(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or
deportable under section 237(a)(4)(B) of such Act (8 U.S.C.
1227(a)(4)(B)), by reason of the amendments made by subsection (a)
[amending this section], on the ground that the alien engaged in a
terrorist activity described in subclause (IV)(bb), (V)(bb), or
(VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended)
with respect to a group at any time when the group was not a
terrorist organization designated by the Secretary of State under
section 219 of such Act (8 U.S.C. 1189) or otherwise designated
under section 212(a)(3)(B)(vi)(II) of such Act (as so amended).
``(B) Statutory construction.--Subparagraph (A) shall not be
construed to prevent an alien from being considered inadmissible or
deportable for having engaged in a terrorist activity--
``(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc)
of section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization at any time when such
organization was designated by the Secretary of State under
section 219 of such Act or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended); or
``(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd)
of section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization described in section
212(a)(3)(B)(vi)(III) of such Act (as so amended).
``(4) Exception.--The Secretary of State, in consultation with the
Attorney General, may determine that the amendments made by this section
shall not apply with respect to actions by an alien taken outside the
United States before the date of the enactment of this Act [Oct. 26,
2001] upon the recommendation of a consular officer who has concluded
that there is not reasonable ground to believe that the alien knew or
reasonably should have known that the actions would further a terrorist
activity.''
[Another section 411(c) of Pub. L. 107-56 amended section 1189 of
this title.]
Effective Date of 2000 Amendment
Pub. L. 106-395, title II, Sec. 201(b)(3), Oct. 30, 2000, 114 Stat.
1634, provided that: ``The amendment made by paragraph (1) [amending
this section] shall be effective as if included in the enactment of
section 347 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and
shall apply to voting occurring before, on, or after September 30, 1996.
The amendment made by paragraph (2) [amending this section] shall be
effective as if included in the enactment of section 344 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; 110 Stat. 3009-637) and shall apply to representations made on
or after September 30, 1996. Such amendments shall apply to individuals
in proceedings under the Immigration and Nationality Act [8 U.S.C. 1101
et seq.] on or after September 30, 1996.''
Effective Date of 1999 Amendment
Pub. L. 106-95, Sec. 2(e), Nov. 12, 1999, 113 Stat. 1317, as amended
by Pub. L. 109-423, Sec. 2(2), Dec. 20, 2006, 120 Stat. 2900, provided
that: ``The amendments made by this section [amending this section and
section 1101 of this title] shall apply to classification petitions
filed for nonimmigrant status only during the period--
``(1) beginning on the date that interim or final regulations
are first promulgated under subsection (d) [set out as a note
below]; and
``(2) ending on the date that is 3 years after the date of the
enactment of the Nursing Relief for Disadvantaged Areas
Reauthorization Act of 2005 [Dec. 20, 2006].''
[Pub. L. 109-423, Sec. 3, Dec. 20, 2006, 120 Stat. 2900, provided
that: ``The requirements of chapter 5 of title 5, United States Code
(commonly referred to as the `Administrative Procedure Act') or any
other law relating to rulemaking, information collection or publication
in the Federal Register, shall not apply to any action to implement the
amendments made by section 2 [amending provisions set out as a note
above] to the extent the Secretary Homeland of Security [sic], the
Secretary of Labor, or the Secretary of Health and Human Services
determines that compliance with any such requirement would impede the
expeditious implementation of such amendments.'']
Pub. L. 106-95, Sec. 4(b), Nov. 12, 1999, 113 Stat. 1318, provided
that: ``The amendments made by subsection (a) [amending this section]
shall take effect on the date of the enactment of this Act [Nov. 12,
1999], without regard to whether or not final regulations to carry out
such amendments have been promulgated by such date.''
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].'' [Interim final regulations implementing these
amendments were promulgated on Dec. 19, 2000, published Dec. 20, 2000,
65 F.R. 80110, and effective, except as otherwise provided, Jan. 19,
2001.]
Pub. L. 105-277, div. C, title IV, Sec. 413(e)(2), Oct. 21, 1998,
112 Stat. 2681-651, as amended by Pub. L. 106-313, title I, Sec. 107(b),
Oct. 17, 2000, 114 Stat. 1255, provided that: ``The amendment made by
paragraph (1) [amending this section] shall cease to be effective on
September 30, 2003.''
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, subdiv. B, 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 (Secs. 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.
Pub. L. 103-416, title II, Sec. 220(c), Oct. 25, 1994, 108 Stat.
4320, as amended by Pub. L. 104-208, div. C, title VI, Sec. 622(a),
Sept. 30, 1996, 110 Stat. 3009-695; Pub. L. 107-273, div. C, title I,
Sec. 11018(b), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 108-441,
Sec. 1(a)(1), Dec. 3, 2004, 118 Stat. 2630; Pub. L. 109-477, Sec. 2,
Jan. 12, 2007, 120 Stat. 3572, 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, 2008.''
[Pub. L. 109-477, Sec. 3, Jan. 12, 2007, 120 Stat. 3572, provided
that: ``The amendment made by section 2 [amending section 220(c) of Pub.
L. 103-416, set out above] shall take effect as if enacted on May 31,
2006.'']
[Pub. L. 108-441, Sec. 1(a)(2), Dec. 3, 2004, 118 Stat. 2630,
provided that: ``The amendment made by paragraph (1) [amending section
220(c) of Pub. L. 103-416, set out above] shall take effect as if
enacted on May 31, 2004.'']
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. 106-95, Sec. 2(d), Nov. 12, 1999, 113 Stat. 1316, provided
that: ``Not later than 90 days after the date of the enactment of this
Act [Nov. 12, 1999], the Secretary of Labor (in consultation, to the
extent required, with the Secretary of Health and Human Services) and
the Attorney General shall promulgate final or interim final regulations
to carry out section 212(m) of the Immigration and Nationality Act [8
U.S.C. 1182(m)] (as amended by subsection (b)).'' [Interim final
regulations implementing subsec. (m) of this section were promulgated
Aug. 21, 2000, published Aug. 22, 2000, 65 F.R. 51138, and effective
Sept. 21, 2000.]
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].''
Transfer of Functions
United States Information Agency (other than Broadcasting Board of
Governors and International Broadcasting Bureau) abolished and functions
transferred to Secretary of State, see sections 6531 and 6532 of Title
22, Foreign Relations and Intercourse.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Money Laundering Watchlist
Pub. L. 107-56, title X, Sec. 1006(b), Oct. 26, 2001, 115 Stat. 394,
provided that: ``Not later than 90 days after the date of the enactment
of this Act [Oct. 26, 2001], the Secretary of State shall develop,
implement, and certify to the Congress that there has been established a
money laundering watchlist, which identifies individuals worldwide who
are known or suspected of money laundering, which is readily accessible
to, and shall be checked by, a consular or other Federal official prior
to the issuance of a visa or admission to the United States. The
Secretary of State shall develop and continually update the watchlist in
cooperation with the Attorney General, the Secretary of the Treasury,
and the Director of Central Intelligence.''
[Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as the
head of the intelligence community deemed to be a reference to the
Director of National Intelligence. Reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the Central Intelligence Agency
deemed to be a reference to the Director of the Central Intelligence
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note
under section 401 of Title 50, War and National Defense.]
Recommendations for Alternative Remedy for Nursing Shortage
Pub. L. 106-95, Sec. 3, Nov. 12, 1999, 113 Stat. 1317, provided
that: ``Not later than the last day of the 4-year period described in
section 2(e) [set out as a note above], the Secretary of Health and
Human Services and the Secretary of Labor shall jointly submit to the
Congress recommendations (including legislative specifications) with
respect to the following:
``(1) A program to eliminate the dependence of facilities
described in section 212(m)(6) of the Immigration and Nationality
Act [8 U.S.C. 1182(m)(6)] (as amended by section 2(b)) on
nonimmigrant registered nurses by providing for a permanent solution
to the shortage of registered nurses who are United States citizens
or aliens lawfully admitted for permanent residence.
``(2) A method of enforcing the requirements imposed on
facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(c),
1182(m)] (as amended by section 2) that would be more effective than
the process described in section 212(m)(2)(E) of such Act [8 U.S.C.
1182(m)(2)(E)] (as so amended).''
Issuance of Certified Statements
Pub. L. 106-95, Sec. 4(c), Nov. 12, 1999, 113 Stat. 1318, provided
that: ``The Commission on Graduates of Foreign Nursing Schools, or any
approved equivalent independent credentialing organization, shall issue
certified statements pursuant to the amendment under subsection (a)
[amending this section] not more than 35 days after the receipt of a
complete application for such a statement.''
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.''
[For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.]
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, Secs. 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.''
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.
Proc. No. 7750. To Suspend Entry as Immigrants or Nonimmigrants of
Persons Engaged in or Benefiting from Corruption
Proc. No. 7750, Jan. 12, 2004, 69 F.R. 2287, provided:
In light of the importance of legitimate and transparent public
institutions to world stability, peace, and development, and the serious
negative effects that corruption of public institutions has on the
United States efforts to promote security and to strengthen democratic
institutions and free market systems, and in light of the importance to
the United States and the international community of fighting
corruption, as evidenced by the Third Global Forum on Fighting
Corruption and Safeguarding Integrity and other intergovernmental
efforts, I have determined that it is in the interests of the United
States to take action to restrict the international travel and to
suspend the entry into the United States, as immigrants or
nonimmigrants, of certain persons who have committed, participated in,
or are beneficiaries of corruption in the performance of public
functions where that corruption has serious adverse effects on
international activity of U.S. businesses, U.S. foreign assistance
goals, the security of the United States against transnational crime and
terrorism, or the stability of democratic institutions and nations.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by the Constitution and the laws
of the United States, including section 212(f) of the Immigration and
Nationality Act of 1952, 8 U.S.C. 1182(f), and section 301 of title 3,
United States Code, hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of persons described in
section 1 of this proclamation would, except as provided in sections 2
and 3 of this proclamation, be detrimental to the interests of the
United States.
I therefore hereby proclaim that:
Section 1. The entry into the United States, as immigrants or
nonimmigrants, of the following persons is hereby suspended:
(a) Public officials or former public officials whose solicitation
or acceptance of any article of monetary value, or other benefit, in
exchange for any act or omission in the performance of their public
functions has or had serious adverse effects on the national interests
of the United States.
(b) Persons whose provision of or offer to provide any article of
monetary value or other benefit to any public official in exchange for
any act or omission in the performance of such official's public
functions has or had serious adverse effects on the national interests
of the United States.
(c) Public officials or former public officials whose
misappropriation of public funds or interference with the judicial,
electoral, or other public processes has or had serious adverse effects
on the national interests of the United States.
(d) The spouses, children, and dependent household members of
persons described in paragraphs (a), (b), and (c) above, who are
beneficiaries of any articles of monetary value or other benefits
obtained by such persons.
Sec. 2. Section 1 of this proclamation shall not apply with respect
to any person otherwise covered by section 1 where entry of the person
into the United States would not be contrary to the interests of the
United States.
Sec. 3. Persons covered by sections 1 and 2 of this proclamation
shall be identified by the Secretary of State or the Secretary's
designee, in his or her sole discretion, pursuant to such standards and
procedures as the Secretary may establish.
Sec. 4. For purposes of this proclamation, ``serious adverse effects
on the national interests of the United States'' means serious adverse
effects on the international economic activity of U.S. businesses, U.S.
foreign assistance goals, the security of the United States against
transnational crime and terrorism, or the stability of democratic
institutions and nations.
Sec. 5. Nothing in this proclamation shall be construed to derogate
from United States Government obligations under applicable international
agreements.
Sec. 6. The Secretary of State shall have responsibility for
implementing this proclamation pursuant to such procedures as the
Secretary may, in the Secretary's discretion, establish.
Sec. 7. This proclamation is effective immediately.
Sec. 8. This proclamation is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or
in equity by any party, against the United States, its departments,
agencies, or other entities, its officers or employees, or any other
person.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
George W. Bush.
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.
Ex. Ord. No. 12807. Interdiction of Illegal Aliens
Ex. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, as amended by Ex.
Ord. No. 13286, Sec. 30, Feb. 28, 2003, 68 F.R. 10625, 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 Secretary of Homeland
Security, 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.
Ex. Ord. No. 13276. Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the Caribbean Region
Ex. Ord. No. 13276, Nov. 15, 2002, 67 F.R. 69985, as amended by Ex.
Ord. No. 13286, Sec. 1, Feb. 28, 2003, 68 F.R. 10619, 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 section 301 of title 3, United States Code,
and in order to delegate appropriate responsibilities to Federal
agencies for responding to migration of undocumented aliens in the
Caribbean region, it is hereby ordered:
Section 1. Duties and Authorities of Agency Heads. Consistent with
applicable law,
(a)(i) The Secretary of Homeland Security may maintain custody, at
any location he deems appropriate, of any undocumented aliens he has
reason to believe are seeking to enter the United States and who are
interdicted or intercepted in the Caribbean region. In this regard, the
Secretary of Homeland Security shall provide and operate a facility, or
facilities, to house and provide for the needs of any such aliens. Such
a facility may be located at Guantanamo Bay Naval Base or any other
appropriate location.
(ii) The Secretary of Homeland Security may conduct any screening of
such aliens that he deems appropriate, including screening to determine
whether such aliens should be returned to their country of origin or
transit, or whether they are persons in need of protection who should
not be returned without their consent. If the Secretary of Homeland
Security institutes such screening, then until a determination is made,
the Secretary of Homeland Security shall provide for the custody, care,
safety, transportation, and other needs of the aliens. The Secretary of
Homeland Security shall continue to provide for the custody, care,
safety, transportation, and other needs of aliens who are determined not
to be persons in need of protection until such time as they are returned
to their country of origin or transit.
(b) The Secretary of State shall provide for the custody, care,
safety, transportation, and other needs of undocumented aliens
interdicted or intercepted in the Caribbean region whom the Secretary of
Homeland Security has identified as persons in need of protection. The
Secretary of State shall provide for and execute a process for
resettling such persons in need of protection, as appropriate, in
countries other than their country of origin, and shall also undertake
such diplomatic efforts as may be necessary to address the problem of
illegal migration of aliens in the Caribbean region and to facilitate
the return of those aliens who are determined not to be persons in need
of protection.
(c)(i) The Secretary of Defense shall make available to the
Secretary of Homeland Security and the Secretary of State, for the
housing and care of any undocumented aliens interdicted or intercepted
in the Caribbean region and taken into their custody, any facilities at
Guantanamo Bay Naval Base that are excess to current military needs and
the provision of which does not interfere with the operation and
security of the base. The Secretary of Defense shall be responsible for
providing access to such facilities and perimeter security. The
Secretary of Homeland Security and the Secretary of State, respectively,
shall be responsible for reimbursement for necessary supporting
utilities.
(ii) In the event of a mass migration in the Caribbean region, the
Secretary of Defense shall provide support to the Secretary of Homeland
Security and the Secretary of State in carrying out the duties described
in paragraphs (a) and (b) of this section regarding the custody, care,
safety, transportation, and other needs of the aliens, and shall assume
primary responsibility for these duties on a nonreimbursable basis as
necessary to contain the threat to national security posed by the
migration. The Secretary of Defense shall also provide support to the
Coast Guard in carrying out the duties described in Executive Order
12807 of May 24, 1992 [set out above], regarding interdiction of
migrants.
Sec. 2. Definitions. For purposes of this order, the term ``mass
migration'' means a migration of undocumented aliens that is of such
magnitude and duration that it poses a threat to the national security
of the United States, as determined by the President.
Sec. 3. Scope.
(a) Nothing in this order shall be construed to impair or otherwise
affect the authorities and responsibilities set forth in Executive Order
12807 of May 24, 1992 [set out above].
(b) Nothing in this order shall be construed to make reviewable in
any judicial or administrative proceeding, or otherwise, any action,
omission, or matter that otherwise would not be reviewable.
(c) This order is intended only to improve the management of the
executive branch. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or
equity or otherwise against the United States, its departments,
agencies, entities, instrumentalities, officers, employees, or any other
person.
(d) Any agency assigned any duties by this order may use the
provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry out
such duties, to the extent permitted by such Act.
(e) This order shall not be construed to require any procedure to
determine whether a person is a refugee or otherwise in need of
protection.
George W. Bush.
Delegation of Authority Under Sections 1182(f) and 1185(a)(1) of This
Title
Memorandum of President of the United States, Sept. 24, 1999, 64
F.R. 55809, provided:
Memorandum for the Attorney General
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 in light of Proclamation 4865 of September
29, 1981 [set out above], I hereby delegate to the Attorney General the
authority to:
(a) Maintain custody, at any location she deems appropriate, and
conduct any screening she deems appropriate in her unreviewable
discretion, of any undocumented person she has reason to believe is
seeking to enter the United States and who is encountered in a
vessel interdicted on the high seas through December 31, 2000; and
(b) Undertake any other appropriate actions with respect to such
aliens permitted by law.
With respect to the functions delegated by this order, all actions
taken after April 16, 1999, for or on behalf of the President that would
have been valid if taken pursuant to this memorandum are ratified.
This memorandum is not intended to create, and should not be
construed to create, any right or benefit, substantive or procedural,
legally enforceable by any party against the United States, its agencies
or instrumentalities, officers, employees, or any other person, or to
require any procedures to determine whether a person is a refugee.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.