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. ---------------------------------------------------------------------------         (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. ---------------------------------------------------------------------------     \8\ So in original. Probably should be ``or''. ---------------------------------------------------------------------------     (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''. ---------------------------------------------------------------------------     (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.  
Updated August 6, 2015