Aliens and Nationality - 8 USC Section 1182

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01/03/05

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 or the Attorney General knows, or
has reasonable ground to believe, is engaged in or is
likely to engage after entry in any terrorist activity (as
defined in clause (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 foreign terrorist organization, as designated by
the Secretary of State under section 1189 of this title,
or
(bb) a political, social or other similar group whose
public endorsement of acts of terrorist activity the
Secretary of State has determined undermines United
States efforts to reduce or eliminate terrorist
activities,
(V) is a member of a foreign terrorist organization, as
designated by the Secretary under section 1189 of this
title, or which the alien knows or should have known is a
terrorist organization (!1)
(VI) has used the alien's position of prominence within
any country to endorse or espouse terrorist activity, or to
persuade others to support terrorist activity or a
terrorist organization, in a way that the Secretary of
State has determined undermines United States efforts to
reduce or eliminate terrorist activities, or
(VII) is the spouse or child of an alien who is
inadmissible under this section, 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 that he
did not know, and should not reasonably have known, that
the solicitation would further the organization's
terrorist activity;
(V) to solicit any individual -
(aa) to engage in conduct otherwise described in this
clause;
(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 that he did not know, and should not
reasonably have known, that the solicitation would
further the organization's terrorist activity; 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 clause
(vi)(I) or (vi)(II); or
(dd) to a terrorist organization described in clause
(vi)(III), unless the actor can demonstrate that he did
not know, and should not reasonably have known, that the
act would further the organization's terrorist activity.
This clause shall not apply to any material support the
alien afforded to an organization or individual that has
committed terrorist activity, if the Secretary of State,
after consultation with the Attorney General, or the
Attorney General, after consultation with the Secretary of
State, concludes in his sole unreviewable discretion, that
this clause should not apply.
(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 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).
(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, or
(II) classification pursuant to clause (ii) or (iii) of
section 1154(a)(1)(B) of this title; or
(ii) the person petitioning for the alien's admission (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 qualifies for immigrant status under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 1154(a)(1) of this title,
(II)(a) the alien has been battered or subjected to
extreme cruelty by a spouse or parent, or by a member of
the spouse's or parent's family residing in the same
household as the alien and the spouse or parent consented
or acquiesced to such battery or cruelty, or (b) the
alien's child has been battered or subjected to extreme
cruelty by a spouse or parent of the alien (without the
active participation of the alien in the battery or
cruelty) or by a member of the spouse's or parent's family
residing in the same household as the alien when the spouse
or parent consented to or acquiesced in such battery or
cruelty and the alien did not actively participate in such
battery or cruelty, and
(III) there was a substantial connection between the
battery or cruelty described in subclause (I) or (II) and
the alien's unlawful entry into the United States.
(B) Failure to attend removal proceeding
Any alien who without reasonable cause fails or refuses to
attend or remain in attendance at a proceeding to determine the
alien's inadmissibility or deportability and who seeks
admission to the United States within 5 years of such alien's
subsequent departure or removal is inadmissible.
(C) Misrepresentation
(i) In general
Any alien who, by fraud or willfully misrepresenting a
material fact, seeks to procure (or has sought to procure or
has procured) a visa, other documentation, or admission into
the United States or other benefit provided under this
chapter is inadmissible.
(ii) Falsely claiming citizenship
(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) (!2) of this
title is inadmissible until the alien has been outside the
United States for a continuous period of 5 years after the date
of the violation.
(7) Documentation requirements
(A) Immigrants
(i) In general
Except as otherwise specifically provided in this chapter,
any immigrant at the time of application for admission -
(I) who is not in possession of a valid unexpired
immigrant visa, reentry permit, border crossing
identification card, or other valid entry document required
by this chapter, and a valid unexpired passport, or other
suitable travel document, or document of identity and
nationality if such document is required under the
regulations issued by the Attorney General under section
1181(a) of this title, or
(II) whose visa has been issued without compliance with
the provisions of section 1153 of this title,
is inadmissible.
(ii) Waiver authorized
For provision authorizing waiver of clause (i), see
subsection (k) of this section.
(B) Nonimmigrants
(i) In general
Any nonimmigrant who -
(I) is not in possession of a passport valid for a
minimum of six months from the date of the expiration of
the initial period of the alien's admission or contemplated
initial period of stay authorizing the alien to return to
the country from which the alien came or to proceed to and
enter some other country during such period, or
(II) is not in possession of a valid nonimmigrant visa or
border crossing identification card at the time of
application for admission,
is inadmissible.
(ii) General waiver authorized
For provision authorizing waiver of clause (i), see
subsection (d)(4) of this section.
(iii) Guam visa waiver
For provision authorizing waiver of clause (i) in the case
of visitors to Guam, see subsection (l) of this section.
(iv) Visa waiver 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) (!3) 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
(II) has been unlawfully present in the United States for
one year or more, and who again seeks admission within 10
years of the date of such alien's departure or removal from
the United States,
is inadmissible.
(ii) Construction of unlawful presence
For purposes of this paragraph, an alien is deemed to be
unlawfully present in the United States if the alien is
present in the United States after the expiration of the
period of stay authorized by the Attorney General or is
present in the United States without being admitted or
paroled.
(iii) Exceptions
(I) Minors
No period of time in which an alien is under 18 years of
age shall be taken into account in determining the period
of unlawful presence in the United States under clause (i).
(II) Asylees
No period of time in which an alien has a bona fide
application for asylum pending under section 1158 of this
title shall be taken into account in determining the period
of unlawful presence in the United States under clause (i)
unless the alien during such period was employed without
authorization in the United States.
(III) Family unity
No period of time in which the alien is a beneficiary of
family unity protection pursuant to section 301 of the
Immigration Act of 1990 shall be taken into account in
determining the period of unlawful presence in the United
States under clause (i).
(IV) Battered women and children
Clause (i) shall not apply to an alien who would be
described in paragraph (6)(A)(ii) if "violation of the
terms of the alien's nonimmigrant visa" were substituted
for "unlawful entry into the United States" in subclause
(III) of that paragraph.
(iv) Tolling for good cause
In the case of an alien who -
(I) has been lawfully admitted or paroled into the United
States,
(II) has filed a nonfrivolous application for a change or
extension of status before the date of expiration of the
period of stay authorized by the Attorney General, and
(III) has not been employed without authorization in the
United States before or during the pendency of such
application,
the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.
(v) Waiver
The Attorney General has sole discretion to waive clause
(i) in the case of an immigrant who is the spouse or son or
daughter of a United States citizen or of an alien lawfully
admitted for permanent residence, if it is established to the
satisfaction of the Attorney General that the refusal of
admission to such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse or parent
of such alien. No court shall have jurisdiction to review a
decision or action by the Attorney General regarding a waiver
under this clause.
(C) Aliens unlawfully present after previous immigration
violations
(i) In general
Any alien who -
(I) has been unlawfully present in the United States for
an aggregate period of more than 1 year, or
(II) has been ordered removed under section 1225(b)(1) of
this title, section 1229a of this title, or any other
provision of law,
and who enters or attempts to reenter the United States
without being admitted is inadmissible.
(ii) Exception
Clause (i) shall not apply to an alien seeking admission
more than 10 years after the date of the alien's last
departure from the United States if, prior to the alien's
reembarkation at a place outside the United States or attempt
to be readmitted from a foreign contiguous territory, the
Attorney General has consented to the alien's reapplying for
admission. 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.
(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 (!4) of status.
(2) The Secretary of State may waive the requirements of
paragraph (1) with respect to a particular alien or any class or
classes of inadmissible aliens.
(3) Paragraph (1) does not apply to any alien inadmissible under
paragraph (2) or (3) of subsection (a) of this section.
(c) Repealed. Pub. L. 104-208, div. C, title III, Sec. 304(b),
Sept. 30, 1996, 110 Stat. 3009-597
(d) Temporary admission of nonimmigrants
(1) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(S) of this title. The Attorney General, in the
Attorney General's discretion, may waive the application of
subsection (a) of this section (other than paragraph (3)(E)) in the
case of a nonimmigrant described in section 1101(a)(15)(S) of this
title, if the Attorney General considers it to be in the national
interest to do so. Nothing in this section shall be regarded as
prohibiting the Immigration and Naturalization Service from
instituting removal proceedings against an alien admitted as a
nonimmigrant under section 1101(a)(15)(S) of this title for conduct
committed after the alien's admission into the United States, or
for conduct or a condition that was not disclosed to the Attorney
General prior to the alien's admission as a nonimmigrant under
section 1101(a)(15)(S) of this title.
(2) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
29, 1990, 104 Stat. 5076.
(3) Except as provided in this subsection, an alien (A) who is
applying for a nonimmigrant visa and is known or believed by the
consular officer to be ineligible for such visa under subsection
(a) of this section (other than paragraphs (3)(A)(i)(I),
(3)(A)(ii), (3)(A)(iii), (3)(C), and 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 (B) who is inadmissible
under subsection (a) of this section (other than paragraphs
(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and 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.
(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.(!5) 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.
(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 Attorney General 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 Attorney General considers it
to be in the national interest to do so, the Attorney General, in
the Attorney General's discretion, may waive the application of -
(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.
(14) The Attorney General shall determine whether a ground of
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(U) 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)(U) of this
title, if the Attorney General 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) 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;
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 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
(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 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.
(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.
(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.
(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 (!9) 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 (!10) (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.
(viii) An investigation under clauses (!10) (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) (!11) Nonimmigrant professionals; labor attestations
(1) No alien may be admitted or provided status as a nonimmigrant
under section 1101(a)(15)(H)(i)(b1) 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 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
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 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), or 1101(a)(15)(H)(i)(b1) 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), or 1101(a)(15)(H)(i)(b1) 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), or 1101(a)(15)(H)(i)(b1) 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 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 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 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 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 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 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 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 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, 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 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
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) (!12) Foreign residence requirement
(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.

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.

AMENDMENTS
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.

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,
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 4-year period beginning on the date that interim or final
regulations are first promulgated under subsection (d) [set out as
a note below]."
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, 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, 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]."

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."

Last modified: June 14, 2006

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Aliens and Nationality - 8 USC Section 1182

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