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.
---------------------------------------------------------------------------

                   (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
---------------------------------------------------------------------------
    \2\ So in original. Probably should be a reference to section 1229c 
of this title.
---------------------------------------------------------------------------
                    (II) has been unlawfully present in the United 
                States for one year or more, and who again seeks 
                admission within 10 years of the date of such alien's 
                departure or removal from the United States,

          is inadmissible.
            (ii) Construction of unlawful presence

                For purposes of this paragraph, an alien is deemed to be 
            unlawfully present in the United States if the alien is 
            present in the United States after the expiration of the 
            period of stay authorized by the Attorney General or is 
            present in the United States without being admitted or 
            paroled.
            (iii) Exceptions

                (I) Minors

                    No period of time in which an alien is under 18 
                years of age shall be taken into account in determining 
                the period of unlawful presence in the United States 
                under clause (i).
                (II) Asylees

                    No period of time in which an alien has a bona fide 
                application for asylum pending under section 1158 of 
                this title shall be taken into account in determining 
                the period of unlawful presence in the United States 
                under clause (i) unless the alien during such period was 
                employed without authorization in the United States.
                (III) Family unity

                    No period of time in which the alien is a 
                beneficiary of family unity protection pursuant to 
                section 301 of the Immigration Act of 1990 shall be 
                taken into account in determining the period of unlawful 
                presence in the United States under clause (i).
                (IV) Battered women and children

                    Clause (i) shall not apply to an alien who would be 
                described in paragraph (6)(A)(ii) if ``violation of the 
                terms of the alien's nonimmigrant visa'' were 
                substituted for ``unlawful entry into the United 
                States'' in subclause (III) of that paragraph.
                (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \4\ So in original.
---------------------------------------------------------------------------
    (8) Upon a basis of reciprocity accredited officials of foreign 
governments, their immediate families, attendants, servants, and 
personal employees may be admitted in immediate and continuous transit 
through the United States without regard to the provisions of this 
section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of 
subsection (a) of this section.
    (9), (10) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), 
Nov. 29, 1990, 104 Stat. 5076.
    (11) The Attorney General may, in his discretion for humanitarian 
purposes, to assure family unity, or when it is otherwise in the public 
interest, waive application of clause (i) of subsection (a)(6)(E) of 
this section in the case of any alien lawfully admitted for permanent 
residence who temporarily proceeded abroad voluntarily and not under an 
order of removal, and who is otherwise admissible to the United States 
as a returning resident under section 1181(b) of this title and in the 
case of an alien seeking admission or adjustment of status as an 
immediate relative or immigrant under section 1153(a) of this title 
(other than paragraph (4) thereof), if the alien has encouraged, 
induced, assisted, abetted, or aided only an individual who at the time 
of such action was the alien's spouse, parent, son, or daughter (and no 
other individual) to enter the United States in violation of law.
    (12) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes or to assure family unity, waive 
application of clause (i) of subsection (a)(6)(F) of this section--
        (A) in the case of an alien lawfully admitted for permanent 
    residence who temporarily proceeded abroad voluntarily and not under 
    an order of deportation or removal and who is otherwise admissible 
    to the United States as a returning resident under section 1181(b) 
    of this title, and
        (B) in the case of an alien seeking admission or adjustment of 
    status under section 1151(b)(2)(A) of this title or under section 
    1153(a) of this title,

if no previous civil money penalty was imposed against the alien under 
section 1324c of this title and the offense was committed solely to 
assist, aid, or support the alien's spouse or child (and not another 
individual). No court shall have jurisdiction to review a decision of 
the Attorney General to grant or deny a waiver under this paragraph.
    (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.
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------

    \10\ So in original. Two subsecs. (t) have been enacted.
---------------------------------------------------------------------------
    (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.