Aliens and Nationality - 8 USC Section 1184

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01/03/05

Sec. 1184. Admission of nonimmigrants

    (a) Regulations
      (1) The admission to the United States of any alien as a
    nonimmigrant shall be for such time and under such conditions as
    the Attorney General may by regulations prescribe, including when
    he deems necessary the giving of a bond with sufficient surety in
    such sum and containing such conditions as the Attorney General
    shall prescribe, to insure that at the expiration of such time or
    upon failure to maintain the status under which he was admitted, or
    to maintain any status subsequently acquired under section 1258 of
    this title, such alien will depart from the United States. No alien
    admitted to Guam without a visa pursuant to section 1182(l) of this
    title may be authorized to enter or stay in the United States other
    than in Guam or to remain in Guam for a period exceeding fifteen
    days from date of admission to Guam. No alien admitted to the
    United States without a visa pursuant to section 1187 of this title
    may be authorized to remain in the United States as a nonimmigrant
    visitor for a period exceeding 90 days from the date of admission.
      (2)(A) The period of authorized status as a nonimmigrant
    described in section 1101(a)(15)(O) of this title shall be for such
    period as the Attorney General may specify in order to provide for
    the event (or events) for which the nonimmigrant is admitted.
      (B) The period of authorized status as a nonimmigrant described
    in section 1101(a)(15)(P) of this title shall be for such period as
    the Attorney General may specify in order to provide for the
    competition, event, or performance for which the nonimmigrant is
    admitted. In the case of nonimmigrants admitted as individual
    athletes under section 1101(a)(15)(P) of this title, the period of
    authorized status may be for an initial period (not to exceed 5
    years) during which the nonimmigrant will perform as an athlete and
    such period may be extended by the Attorney General for an
    additional period of up to 5 years.
    (b) Presumption of status; written waiver
      Every alien (other than a nonimmigrant described in subparagraph
    (L) or (V) of section 1101(a)(15) of this title, and other than a
    nonimmigrant described in any provision of section
    1101(a)(15)(H)(i) of this title except subclause (b1) of such
    section) shall be presumed to be an immigrant until he establishes
    to the satisfaction of the consular officer, at the time of
    application for a visa, and the immigration officers, at the time
    of application for admission, that he is entitled to a nonimmigrant
    status under section 1101(a)(15) of this title. An alien who is an
    officer or employee of any foreign government or of any
    international organization entitled to enjoy privileges,
    exemptions, and immunities under the International Organizations
    Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the
    attendant, servant, employee, or member of the immediate family of
    any such alien shall not be entitled to apply for or receive an
    immigrant visa, or to enter the United States as an immigrant
    unless he executes a written waiver in the same form and substance
    as is prescribed by section 1257(b) of this title.
    (c) Petition of importing employer; involvement of Departments of
      Labor and Agriculture
      (1) The question of importing any alien as a nonimmigrant under
    subparagraph (H), (L), (O), or (P)(i) of section 1101(a)(15) of
    this title (excluding nonimmigrants under section
    1101(a)(15)(H)(i)(b1) of this title) in any specific case or
    specific cases shall be determined by the Attorney General, after
    consultation with appropriate agencies of the Government, upon
    petition of the importing employer. Such petition, shall be made
    and approved before the visa is granted. The petition shall be in
    such form and contain such information as the Attorney General
    shall prescribe. The approval of such a petition shall not, of
    itself, be construed as establishing that the alien is a
    nonimmigrant. For purposes of this subsection with respect to
    nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this
    title, the term "appropriate agencies of Government" means the
    Department of Labor and includes the Department of Agriculture. The
    provisions of section 1188 of this title shall apply to the
    question of importing any alien as a nonimmigrant under section
    1101(a)(15)(H)(ii)(a) of this title.
      (2)(A) The Attorney General shall provide for a procedure under
    which an importing employer which meets requirements established by
    the Attorney General may file a blanket petition to import aliens
    as nonimmigrants described in section 1101(a)(15)(L) of this title
    instead of filing individual petitions under paragraph (1) to
    import such aliens. Such procedure shall permit the expedited
    processing of visas for admission of aliens covered under such a
    petition.
      (B) For purposes of section 1101(a)(15)(L) of this title, an
    alien is considered to be serving in a capacity involving
    specialized knowledge with respect to a company if the alien has a
    special knowledge of the company product and its application in
    international markets or has an advanced level of knowledge of
    processes and procedures of the company.
      (C) The Attorney General shall provide a process for reviewing
    and acting upon petitions under this subsection with respect to
    nonimmigrants described in section 1101(a)(15)(L) of this title
    within 30 days after the date a completed petition has been filed.
      (D) The period of authorized admission for - 
        (i) a nonimmigrant admitted to render services in a managerial
      or executive capacity under section 1101(a)(15)(L) of this title
      shall not exceed 7 years, or
        (ii) a nonimmigrant admitted to render services in a capacity
      that involves specialized knowledge under section 1101(a)(15)(L)
      of this title shall not exceed 5 years.
      (E) In the case of an alien spouse admitted under section
    1101(a)(15)(L) of this title, who is accompanying or following to
    join a principal alien admitted under such section, the Attorney
    General shall authorize the alien spouse to engage in employment in
    the United States and provide the spouse with an "employment
    authorized" endorsement or other appropriate work permit.
      (F) An alien who will serve in a capacity involving specialized
    knowledge with respect to an employer for purposes of section
    1101(a)(15)(L) of this title and will be stationed primarily at the
    worksite of an employer other than the petitioning employer or its
    affiliate, subsidiary, or parent shall not be eligible for
    classification under section 1101(a)(15)(L) of this title if - 
        (i) the alien will be controlled and supervised principally by
      such unaffiliated employer; or
        (ii) the placement of the alien at the worksite of the
      unaffiliated employer is essentially an arrangement to provide
      labor for hire for the unaffiliated employer, rather than a
      placement in connection with the provision of a product or
      service for which specialized knowledge specific to the
      petitioning employer is necessary.
      (3) The Attorney General shall approve a petition - 
        (A) with respect to a nonimmigrant described in section
      1101(a)(15)(O)(i) of this title only after consultation in
      accordance with paragraph (6) or, with respect to aliens seeking
      entry for a motion picture or television production, after
      consultation with the appropriate union representing the alien's
      occupational peers and a management organization in the area of
      the alien's ability, or
        (B) with respect to a nonimmigrant described in section
      1101(a)(15)(O)(ii) of this title after consultation in accordance
      with paragraph (6) or, in the case of such an alien seeking entry
      for a motion picture or television production, after consultation
      with such a labor organization and a management organization in
      the area of the alien's ability.
    In the case of an alien seeking entry for a motion picture or
    television production, (i) any opinion under the previous sentence
    shall only be advisory, (ii) any such opinion that recommends
    denial must be in writing, (iii) in making the decision the
    Attorney General shall consider the exigencies and scheduling of
    the production, and (iv) the Attorney General shall append to the
    decision any such opinion. The Attorney General shall provide by
    regulation for the waiver of the consultation requirement under
    subparagraph (A) in the case of aliens who have been admitted as
    nonimmigrants under section 1101(a)(15)(O)(i) of this title because
    of extraordinary ability in the arts and who seek readmission to
    perform similar services within 2 years after the date of a
    consultation under such subparagraph. Not later than 5 days after
    the date such a waiver is provided, the Attorney General shall
    forward a copy of the petition and all supporting documentation to
    the national office of an appropriate labor organization.
      (4)(A) For purposes of section 1101(a)(15)(P)(i)(a) of this
    title, an alien is described in this subparagraph if the alien - 
        (i) performs as an athlete, individually or as part of a group
      or team, at an internationally recognized level of performance,
      and
        (ii) seeks to enter the United States temporarily and solely
      for the purpose of performing as such an athlete with respect to
      a specific athletic competition.
      (B)(i) For purposes of section 1101(a)(15)(P)(i)(b) of this
    title, an alien is described in this subparagraph if the alien - 
        (I) performs with or is an integral and essential part of the
      performance of an entertainment group that has (except as
      provided in clause (ii)) been recognized internationally as being
      outstanding in the discipline for a sustained and substantial
      period of time,
        (II) in the case of a performer or entertainer, except as
      provided in clause (iii), has had a sustained and substantial
      relationship with that group (ordinarily for at least one year)
      and provides functions integral to the performance of the group,
      and
        (III) seeks to enter the United States temporarily and solely
      for the purpose of performing as such a performer or entertainer
      or as an integral and essential part of a performance.
      (ii) In the case of an entertainment group that is recognized
    nationally as being outstanding in its discipline for a sustained
    and substantial period of time, the Attorney General may, in
    consideration of special circumstances, waive the international
    recognition requirement of clause (i)(I).
      (iii)(I) The one-year relationship requirement of clause (i)(II)
    shall not apply to 25 percent of the performers and entertainers in
    a group.
      (II) The Attorney General may waive such one-year relationship
    requirement for an alien who because of illness or unanticipated
    and exigent circumstances replaces an essential member of the group
    and for an alien who augments the group by performing a critical
    role.
      (iv) The requirements of subclauses (I) and (II) of clause (i)
    shall not apply to alien circus personnel who perform as part of a
    circus or circus group or who constitute an integral and essential
    part of the performance of such circus or circus group, but only if
    such personnel are entering the United States to join a circus that
    has been recognized nationally as outstanding for a sustained and
    substantial period of time or as part of such a circus.
      (C) A person may petition the Attorney General for classification
    of an alien as a nonimmigrant under section 1101(a)(15)(P) of this
    title.
      (D) The Attorney General shall approve petitions under this
    subsection with respect to nonimmigrants described in clause (i) or
    (iii) of section 1101(a)(15)(P) of this title only after
    consultation in accordance with paragraph (6).
      (E) The Attorney General shall approve petitions under this
    subsection for nonimmigrants described in section
    1101(a)(15)(P)(ii) of this title only after consultation with labor
    organizations representing artists and entertainers in the United
    States.
      (5)(A) In the case of an alien who is provided nonimmigrant
    status under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b)
    of this title and who is dismissed from employment by the employer
    before the end of the period of authorized admission, the employer
    shall be liable for the reasonable costs of return transportation
    of the alien abroad.
      (B) In the case of an alien who is admitted to the United States
    in nonimmigrant status under section 1101(a)(15)(O) or
    1101(a)(15)(P) of this title and whose employment terminates for
    reasons other than voluntary resignation, the employer whose offer
    of employment formed the basis of such nonimmigrant status and the
    petitioner are jointly and severally liable for the reasonable cost
    of return transportation of the alien abroad. The petitioner shall
    provide assurance satisfactory to the Attorney General that the
    reasonable cost of that transportation will be provided.
      (6)(A)(i) To meet the consultation requirement of paragraph
    (3)(A) in the case of a petition for a nonimmigrant described in
    section 1101(a)(15)(O)(i) of this title (other than with respect to
    aliens seeking entry for a motion picture or television
    production), the petitioner shall submit with the petition an
    advisory opinion from a peer group (or other person or persons of
    its choosing, which may include a labor organization) with
    expertise in the specific field involved.
      (ii) To meet the consultation requirement of paragraph (3)(B) in
    the case of a petition for a nonimmigrant described in section
    1101(a)(15)(O)(ii) of this title (other than with respect to aliens
    seeking entry for a motion picture or television production), the
    petitioner shall submit with the petition an advisory opinion from
    a labor organization with expertise in the skill area involved.
      (iii) To meet the consultation requirement of paragraph (4)(D) in
    the case of a petition for a nonimmigrant described in section
    1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title, the
    petitioner shall submit with the petition an advisory opinion from
    a labor organization with expertise in the specific field of
    athletics or entertainment involved.
      (B) To meet the consultation requirements of subparagraph (A),
    unless the petitioner submits with the petition an advisory opinion
    from an appropriate labor organization, the Attorney General shall
    forward a copy of the petition and all supporting documentation to
    the national office of an appropriate labor organization within 5
    days of the date of receipt of the petition. If there is a
    collective bargaining representative of an employer's employees in
    the occupational classification for which the alien is being
    sought, that representative shall be the appropriate labor
    organization.
      (C) In those cases in which a petitioner described in
    subparagraph (A) establishes that an appropriate peer group
    (including a labor organization) does not exist, the Attorney
    General shall adjudicate the petition without requiring an advisory
    opinion.
      (D) Any person or organization receiving a copy of a petition
    described in subparagraph (A) and supporting documents shall have
    no more than 15 days following the date of receipt of such
    documents within which to submit a written advisory opinion or
    comment or to provide a letter of no objection. Once the 15-day
    period has expired and the petitioner has had an opportunity, where
    appropriate, to supply rebuttal evidence, the Attorney General
    shall adjudicate such petition in no more than 14 days. The
    Attorney General may shorten any specified time period for
    emergency reasons if no unreasonable burden would be thus imposed
    on any participant in the process.
      (E)(i) The Attorney General shall establish by regulation
    expedited consultation procedures in the case of nonimmigrant
    artists or entertainers described in section 1101(a)(15)(O) or
    1101(a)(15)(P) of this title to accommodate the exigencies and
    scheduling of a given production or event.
      (ii) The Attorney General shall establish by regulation expedited
    consultation procedures in the case of nonimmigrant athletes
    described in section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this
    title in the case of emergency circumstances (including trades
    during a season).
      (F) No consultation required under this subsection by the
    Attorney General with a nongovernmental entity shall be construed
    as permitting the Attorney General to delegate any authority under
    this subsection to such an entity. The Attorney General shall give
    such weight to advisory opinions provided under this section as the
    Attorney General determines, in his sole discretion, to be
    appropriate.
      (7) If a petition is filed and denied under this subsection, the
    Attorney General shall notify the petitioner of the determination
    and the reasons for the denial and of the process by which the
    petitioner may appeal the determination.
      (8) The Attorney General shall submit annually to the Committees
    on the Judiciary of the House of Representatives and of the Senate
    a report describing, with respect to petitions under each
    subcategory of subparagraphs (H), (O), (P), and (Q) of section
    1101(a)(15) of this title the following:
        (A) The number of such petitions which have been filed.
        (B) The number of such petitions which have been approved and
      the number of workers (by occupation) included in such approved
      petitions.
        (C) The number of such petitions which have been denied and the
      number of workers (by occupation) requested in such denied
      petitions.
        (D) The number of such petitions which have been withdrawn.
        (E) The number of such petitions which are awaiting final
      action.
      (9)(A) The Attorney General shall impose a fee on an employer
    (excluding any employer that is a primary or secondary education
    institution, an institution of higher education, as defined in
    section 1001(a) of title 20, a nonprofit entity related to or
    affiliated with any such institution, a nonprofit entity which
    engages in established curriculum-related clinical training of
    students registered at any such institution, a nonprofit research
    organization, or a governmental research organization) filing
    before (!1) a petition under paragraph (1) - 
        (i) initially to grant an alien nonimmigrant status described
      in section 1101(a)(15)(H)(i)(b) of this title;
        (ii) to extend the stay of an alien having such status (unless
      the employer previously has obtained an extension for such
      alien); or
        (iii) to obtain authorization for an alien having such status
      to change employers.
      (B) The amount of the fee shall be $1,500 for each such petition
    except that the fee shall be half the amount for each such petition
    by any employer with not more than 25 full-time equivalent
    employees who are employed in the United States (determined by
    including any affiliate or subsidiary of such employer).
      (C) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 1356(s) of this title.
      (10) An amended H-1B petition shall not be required where the
    petitioning employer is involved in a corporate restructuring,
    including but not limited to a merger, acquisition, or
    consolidation, where a new corporate entity succeeds to the
    interests and obligations of the original petitioning employer and
    where the terms and conditions of employment remain the same but
    for the identity of the petitioner.
      (11)(A) Subject to subparagraph (B), the Secretary of Homeland
    Security or the Secretary of State, as appropriate, shall impose a
    fee on an employer who has filed an attestation described in
    section 1182(t) of this title - 
        (i) in order that an alien may be initially granted
      nonimmigrant status described in section 1101(a)(15)(H)(i)(b1) of
      this title; or
        (ii) in order to satisfy the requirement of the second sentence
      of subsection (g)(8)(C) of this section for an alien having such
      status to obtain certain extensions of stay.
      (B) The amount of the fee shall be the same as the amount imposed
    by the Secretary of Homeland Security under paragraph (9), except
    that if such paragraph does not authorize such Secretary to impose
    any fee, no fee shall be imposed under this paragraph.
      (C) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 1356(s) of this title.
      (12)(A) In addition to any other fees authorized by law, the
    Secretary of Homeland Security shall impose a fraud prevention and
    detection fee on an employer filing a petition under paragraph (1)
    - 
        (i) initially to grant an alien nonimmigrant status described
      in subparagraph (H)(i)(b) or (L) of section 1101(a)(15) of this
      title; or
        (ii) to obtain authorization for an alien having such status to
      change employers.
      (B) In addition to any other fees authorized by law, the
    Secretary of State shall impose a fraud prevention and detection
    fee on an alien filing an application abroad for a visa authorizing
    admission to the United States as a nonimmigrant described in
    section 1101(a)(15)(L) of this title, if the alien is covered under
    a blanket petition described in paragraph (2)(A).
      (C) The amount of the fee imposed under subparagraph (A) or (B)
    shall be $500.
      (D) The fee imposed under subparagraph (A) or (B) shall only
    apply to principal aliens and not to the spouses or children who
    are accompanying or following to join such principal aliens.
      (E) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 1356(v) of this title.
    (d) Issuance of visa to fiance&233;e or fiance&233; of citizen
      A visa shall not be issued under the provisions of section
    1101(a)(15)(K)(i) of this title until the consular officer has
    received a petition filed in the United States by the fiance&233;e
    and fiance&233; of the applying alien and approved by the Attorney
    General. The petition shall be in such form and contain such
    information as the Attorney General shall, by regulation,
    prescribe. It shall be approved only after satisfactory evidence is
    submitted by the petitioner to establish that the parties have
    previously met in person within 2 years before the date of filing
    the petition, have a bona fide intention to marry, and are legally
    able and actually willing to conclude a valid marriage in the
    United States within a period of ninety days after the alien's
    arrival, except that the Attorney General in his discretion may
    waive the requirement that the parties have previously met in
    person. In the event the marriage with the petitioner does not
    occur within three months after the admission of the said alien and
    minor children, they shall be required to depart from the United
    States and upon failure to do so shall be removed in accordance
    with sections 1229a and 1231 of this title.
    (e) Nonimmigrant professionals and annual numerical limit
      (1) Notwithstanding any other provision of this chapter, an alien
    who is a citizen of Canada and seeks to enter the United States
    under and pursuant to the provisions of Annex 1502.1 (United States
    of America), Part C - Professionals, of the United States-Canada
    Free-Trade Agreement to engage in business activities at a
    professional level as provided for therein may be admitted for such
    purpose under regulations of the Attorney General promulgated after
    consultation with the Secretaries of State and Labor.
      (2) An alien who is a citizen of Canada or Mexico, and the spouse
    and children of any such alien if accompanying or following to join
    such alien, who seeks to enter the United States under and pursuant
    to the provisions of Section D of Annex 1603 of the North American
    Free Trade Agreement (in this subsection referred to as "NAFTA") to
    engage in business activities at a professional level as provided
    for in such Annex, may be admitted for such purpose under
    regulations of the Attorney General promulgated after consultation
    with the Secretaries of State and Labor. For purposes of this
    chapter, including the issuance of entry documents and the
    application of subsection (b) of this section, such alien shall be
    treated as if seeking classification, or classifiable, as a
    nonimmigrant under section 1101(a)(15) of this title. The admission
    of an alien who is a citizen of Mexico shall be subject to
    paragraphs (3), (4), and (5). For purposes of this paragraph and
    paragraphs (3), (4), and (5), the term "citizen of Mexico" means
    "citizen" as defined in Annex 1608 of NAFTA.
      (3) The Attorney General shall establish an annual numerical
    limit on admissions under paragraph (2) of aliens who are citizens
    of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the
    NAFTA. Subject to paragraph (4), the annual numerical limit - 
        (A) beginning with the second year that NAFTA is in force, may
      be increased in accordance with the provisions of paragraph 5(a)
      of Section D of such Annex, and
        (B) shall cease to apply as provided for in paragraph 3 of such
      Appendix.
      (4) The annual numerical limit referred to in paragraph (3) may
    be increased or shall cease to apply (other than by operation of
    paragraph 3 of such Appendix) only if - 
        (A) the President has obtained advice regarding the proposed
      action from the appropriate advisory committees established under
      section 2155 of title 19;
        (B) the President has submitted a report to the Committee on
      the Judiciary of the Senate and the Committee on the Judiciary of
      the House of Representatives that sets forth - 
          (i) the action proposed to be taken and the reasons therefor,
        and
          (ii) the advice obtained under subparagraph (A);
        (C) a period of at least 60 calendar days that begins on the
      first day on which the President has met the requirements of
      subparagraphs (A) and (B) with respect to such action has
      expired; and
        (D) the President has consulted with such committees regarding
      the proposed action during the period referred to in subparagraph
      (C).
      (5) During the period that the provisions of Appendix 1603.D.4 of
    Annex 1603 of the NAFTA apply, the entry of an alien who is a
    citizen of Mexico under and pursuant to the provisions of Section D
    of Annex 1603 of NAFTA shall be subject to the attestation
    requirement of section 1182(m) of this title, in the case of a
    registered nurse, or the application requirement of section 1182(n)
    of this title, in the case of all other professions set out in
    Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition
    requirement of subsection (c) of this section, to the extent and in
    the manner prescribed in regulations promulgated by the Secretary
    of Labor, with respect to sections 1182(m) and 1182(n) of this
    title, and the Attorney General, with respect to subsection (c) of
    this section.
      (6) In the case of an alien spouse admitted under section
    1101(a)(15)(E) of this title, who is accompanying or following to
    join a principal alien admitted under such section, the Attorney
    General shall authorize the alien spouse to engage in employment in
    the United States and provide the spouse with an "employment
    authorized" endorsement or other appropriate work permit.
    (f) Denial of crewmember status in case of certain labor disputes
      (1) Except as provided in paragraph (3), no alien shall be
    entitled to nonimmigrant status described in section 1101(a)(15)(D)
    of this title if the alien intends to land for the purpose of
    performing service on board a vessel of the United States (as
    defined in section 2101(46) of title 46) or on an aircraft of an
    air carrier (as defined in section 40102(a)(2) of title 49) during
    a labor dispute where there is a strike or lockout in the
    bargaining unit of the employer in which the alien intends to
    perform such service.
      (2) An alien described in paragraph (1) - 
        (A) may not be paroled into the United States pursuant to
      section 1182(d)(5) of this title unless the Attorney General
      determines that the parole of such alien is necessary to protect
      the national security of the United States; and
        (B) shall be considered not to be a bona fide crewman for
      purposes of section 1282(b) of this title.
      (3) Paragraph (1) shall not apply to an alien if the air carrier
    or owner or operator of such vessel that employs the alien provides
    documentation that satisfies the Attorney General that the alien - 
        (A) has been an employee of such employer for a period of not
      less than 1 year preceding the date that a strike or lawful
      lockout commenced;
        (B) has served as a qualified crewman for such employer at
      least once in each of 3 months during the 12-month period
      preceding such date; and
        (C) shall continue to provide the same services that such alien
      provided as such a crewman.
    (g) Temporary workers and trainees; limitation on numbers
      (1) The total number of aliens who may be issued visas or
    otherwise provided nonimmigrant status during any fiscal year
    (beginning with fiscal year 1992) - 
        (A) under section 1101(a)(15)(H)(i)(b) of this title, may not
      exceed - 
          (i) 65,000 in each fiscal year before fiscal year 1999;
          (ii) 115,000 in fiscal year 1999;
          (iii) 115,000 in fiscal year 2000;
          (iv) 195,000 in fiscal year 2001;
          (v) 195,000 in fiscal year 2002;
          (vi) 195,000 in fiscal year 2003; and
          (vii) 65,000 in each succeeding fiscal year; or
        (B) under section 1101(a)(15)(H)(ii)(b) of this title may not
      exceed 66,000.
      (2) The numerical limitations of paragraph (1) shall only apply
    to principal aliens and not to the spouses or children of such
    aliens.
      (3) Aliens who are subject to the numerical limitations of
    paragraph (1) shall be issued visas (or otherwise provided
    nonimmigrant status) in the order in which petitions are filed for
    such visas or status. If an alien who was issued a visa or
    otherwise provided nonimmigrant status and counted against the
    numerical limitations of paragraph (1) is found to have been issued
    such visa or otherwise provided such status by fraud or willfully
    misrepresenting a material fact and such visa or nonimmigrant
    status is revoked, then one number shall be restored to the total
    number of aliens who may be issued visas or otherwise provided such
    status under the numerical limitations of paragraph (1) in the
    fiscal year in which the petition is revoked, regardless of the
    fiscal year in which the petition was approved.
      (4) In the case of a nonimmigrant described in section
    1101(a)(15)(H)(i)(b) of this title, the period of authorized
    admission as such a nonimmigrant may not exceed 6 years.
      (5) The numerical limitations contained in paragraph (1)(A) shall
    not apply to any nonimmigrant alien issued a visa or otherwise
    provided status under section 1101(a)(15)(H)(i)(b) of this title
    who - 
        (A) is employed (or has received an offer of employment) at an
      institution of higher education (as defined in section 1001(a) of
      title 20), or a related or affiliated nonprofit entity;
        (B) is employed (or has received an offer of employment) at a
      nonprofit research organization or a governmental research
      organization; or
        (C) has earned a master's or higher degree from a United States
      institution of higher education (as defined in section 1001(a) of
      title 20), until the number of aliens who are exempted from such
      numerical limitation during such year exceeds 20,000.
      (6) Any alien who ceases to be employed by an employer described
    in paragraph (5)(A) shall, if employed as a nonimmigrant alien
    described in section 1101(a)(15)(H)(i)(b) of this title, who has
    not previously been counted toward the numerical limitations
    contained in paragraph (1)(A), be counted toward those limitations
    the first time the alien is employed by an employer other than one
    described in paragraph (5).
      (7) Any alien who has already been counted, within the 6 years
    prior to the approval of a petition described in subsection (c) of
    this section, toward the numerical limitations of paragraph (1)(A)
    shall not again be counted toward those limitations unless the
    alien would be eligible for a full 6 years of authorized admission
    at the time the petition is filed. Where multiple petitions are
    approved for 1 alien, that alien shall be counted only once.
      (8)(A) The agreements referred to in section
    1101(a)(15)(H)(i)(b1) of this title are - 
        (i) the United States-Chile Free Trade Agreement; and
        (ii) the United States-Singapore Free Trade Agreement.
      (B)(i) The Secretary of Homeland Security shall establish annual
    numerical limitations on approvals of initial applications by
    aliens for admission under section 1101(a)(15)(H)(i)(b1) of this
    title.
      (ii) The annual numerical limitations described in clause (i)
    shall not exceed - 
        (I) 1,400 for nationals of Chile (as defined in article 14.9 of
      the United States-Chile Free Trade Agreement) for any fiscal
      year; and
        "(II) 5,400 for nationals of Singapore (as defined in Annex 1A
      of the United States-Singapore Free Trade Agreement) for any
      fiscal year.
      (iii) The annual numerical limitations described in clause (i)
    shall only apply to principal aliens and not to the spouses or
    children of such aliens.
      (iv) The annual numerical limitation described in paragraph
    (1)(A) is reduced by the amount of the annual numerical limitations
    established under clause (i). However, if a numerical limitation
    established under clause (i) has not been exhausted at the end of a
    given fiscal year, the Secretary of Homeland Security shall adjust
    upwards the numerical limitation in paragraph (1)(A) for that
    fiscal year by the amount remaining in the numerical limitation
    under clause (i). Visas under section 1101(a)(15)(H)(i)(b) of this
    title may be issued pursuant to such adjustment within the first 45
    days of the next fiscal year to aliens who had applied for such
    visas during the fiscal year for which the adjustment was made.
      (C) The period of authorized admission as a nonimmigrant under
    section 1101(a)(15)(H)(i)(b1) of this title shall be 1 year, and
    may be extended, but only in 1-year increments. After every second
    extension, the next following extension shall not be granted unless
    the Secretary of Labor had determined and certified to the
    Secretary of Homeland Security and the Secretary of State that the
    intending employer has filed with the Secretary of Labor an
    attestation under section 1182(t)(1) of this title for the purpose
    of permitting the nonimmigrant to obtain such extension.
      (D) The numerical limitation described in paragraph (1)(A) for a
    fiscal year shall be reduced by one for each alien granted an
    extension under subparagraph (C) during such year who has obtained
    5 or more consecutive prior extensions.
    (h) Intention to abandon foreign residence
      The fact that an alien is the beneficiary of an application for a
    preference status filed under section 1154 of this title or has
    otherwise sought permanent residence in the United States shall not
    constitute evidence of an intention to abandon a foreign residence
    for purposes of obtaining a visa as a nonimmigrant described in
    subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15)
    of this title or otherwise obtaining or maintaining the status of a
    nonimmigrant described in such subparagraph, if the alien had
    obtained a change of status under section 1258 of this title to a
    classification as such a nonimmigrant before the alien's most
    recent departure from the United States.
    (i) "Specialty occupation" defined
      (1) Except as provided in paragraph (3), for purposes of section
    1101(a)(15)(H)(i)(b) of this title and paragraph (2), the term
    "specialty occupation" means an occupation that requires - 
        (A) theoretical and practical application of a body of highly
      specialized knowledge, and
        (B) attainment of a bachelor's or higher degree in the specific
      specialty (or its equivalent) as a minimum for entry into the
      occupation in the United States.
      (2) For purposes of section 1101(a)(15)(H)(i)(b) of this title,
    the requirements of this paragraph, with respect to a specialty
    occupation, are - 
        (A) full state licensure to practice in the occupation, if such
      licensure is required to practice in the occupation,
        (B) completion of the degree described in paragraph (1)(B) for
      the occupation, or
        (C)(i) experience in the specialty equivalent to the completion
      of such degree, and (ii) recognition of expertise in the
      specialty through progressively responsible positions relating to
      the specialty.
      (3) For purposes of section 1101(a)(15)(H)(i)(b1) of this title,
    the term "specialty occupation" means an occupation that requires -
    
        (A) theoretical and practical application of a body of
      specialized knowledge; and
        (B) attainment of a bachelor's or higher degree in the specific
      specialty (or its equivalent) as a minimum for entry into the
      occupation in the United States.
    (j) Labor disputes
      (1) Notwithstanding any other provision of this chapter, an alien
    who is a citizen of Canada or Mexico who seeks to enter the United
    States under and pursuant to the provisions of Section B, Section
    C, or Section D of Annex 1603 of the North American Free Trade
    Agreement, shall not be classified as a nonimmigrant under such
    provisions if there is in progress a strike or lockout in the
    course of a labor dispute in the occupational classification at the
    place or intended place of employment, unless such alien
    establishes, pursuant to regulations promulgated by the Attorney
    General, that the alien's entry will not affect adversely the
    settlement of the strike or lockout or the employment of any person
    who is involved in the strike or lockout. Notice of a determination
    under this paragraph shall be given as may be required by paragraph
    3 of article 1603 of such Agreement. For purposes of this
    paragraph, the term "citizen of Mexico" means "citizen" as defined
    in Annex 1608 of such Agreement.
      (2) Notwithstanding any other provision of this chapter except
    section 1182(t)(1) of this title, and subject to regulations
    promulgated by the Secretary of Homeland Security, an alien who
    seeks to enter the United States under and pursuant to the
    provisions of an agreement listed in subsection (g)(8)(A) of this
    section, and the spouse and children of such an alien if
    accompanying or following to join the alien, may be denied
    admission as a nonimmigrant under subparagraph (E), (L), or
    (H)(i)(b1) of section 1101(a)(15) of this title if there is in
    progress a labor dispute in the occupational classification at the
    place or intended place of employment, unless such alien
    establishes, pursuant to regulations promulgated by the Secretary
    of Homeland Security after consultation with the Secretary of
    Labor, that the alien's entry will not affect adversely the
    settlement of the labor dispute or the employment of any person who
    is involved in the labor dispute. Notice of a determination under
    this paragraph shall be given as may be required by such agreement.
    (k) Numerical limitations; period of admission; conditions for
      admission and stay; annual report
      (1) The number of aliens who may be provided a visa as
    nonimmigrants under section 1101(a)(15)(S)(i) of this title in any
    fiscal year may not exceed 200. The number of aliens who may be
    provided a visa as nonimmigrants under section 1101(a)(15)(S)(ii)
    of this title in any fiscal year may not exceed 50.
      (2) The period of admission of an alien as such a nonimmigrant
    may not exceed 3 years. Such period may not be extended by the
    Attorney General.
      (3) As a condition for the admission, and continued stay in
    lawful status, of such a nonimmigrant, the nonimmigrant - 
        (A) shall report not less often than quarterly to the Attorney
      General such information concerning the alien's whereabouts and
      activities as the Attorney General may require;
        (B) may not be convicted of any criminal offense punishable by
      a term of imprisonment of 1 year or more after the date of such
      admission;
        (C) must have executed a form that waives the nonimmigrant's
      right to contest, other than on the basis of an application for
      withholding of removal, any action for removal of the alien
      instituted before the alien obtains lawful permanent resident
      status; and
        (D) shall abide by any other condition, limitation, or
      restriction imposed by the Attorney General.
      (4) The Attorney General shall submit a report annually to the
    Committee on the Judiciary of the House of Representatives and the
    Committee on the Judiciary of the Senate concerning - 
        (A) the number of such nonimmigrants admitted;
        (B) the number of successful criminal prosecutions or
      investigations resulting from cooperation of such aliens;
        (C) the number of terrorist acts prevented or frustrated
      resulting from cooperation of such aliens;
        (D) the number of such nonimmigrants whose admission or
      cooperation has not resulted in successful criminal prosecution
      or investigation or the prevention or frustration of a terrorist
      act; and
        (E) the number of such nonimmigrants who have failed to report
      quarterly (as required under paragraph (3)) or who have been
      convicted of crimes in the United States after the date of their
      admission as such a nonimmigrant.
    (l) Restrictions on waiver
      (1) In the case of a request by an interested State agency, or by
    an interested Federal agency, for a waiver of the 2-year foreign
    residence requirement under section 1182(e) of this title on behalf
    of an alien described in clause (iii) of such section, the Attorney
    General shall not grant such waiver unless - 
        (A) in the case of an alien who is otherwise contractually
      obligated to return to a foreign country, the government of such
      country furnishes the Director of the United States Information
      Agency with a statement in writing that it has no objection to
      such waiver;
        (B) in the case of a request by an interested State agency, the
      grant of such waiver would not cause the number of waivers
      allotted for that State for that fiscal year to exceed 30;
        (C) in the case of a request by an interested Federal agency or
      by an interested State agency - 
          (i) the alien demonstrates a bona fide offer of full-time
        employment at a health facility or health care organization,
        which employment has been determined by the Attorney General to
        be in the public interest; and
          (ii) the alien agrees to begin employment with the health
        facility or health care organization within 90 days of
        receiving such waiver, and agrees to continue to work for a
        total of not less than 3 years (unless the Attorney General
        determines that extenuating circumstances exist, such as
        closure of the facility or hardship to the alien, which would
        justify a lesser period of employment at such health facility
        or health care organization, in which case the alien must
        demonstrate another bona fide offer of employment at a health
        facility or health care organization for the remainder of such
        3-year period); and
        (D) in the case of a request by an interested Federal agency
      (other than a request by an interested Federal agency to employ
      the alien full-time in medical research or training) or by an
      interested State agency, the alien agrees to practice primary
      care or specialty medicine in accordance with paragraph (2) for a
      total of not less than 3 years only in the geographic area or
      areas which are designated by the Secretary of Health and Human
      Services as having a shortage of health care professionals,
      except that - 
          (i) in the case of a request by the Department of Veterans
        Affairs, the alien shall not be required to practice medicine
        in a geographic area designated by the Secretary;
          (ii) in the case of a request by an interested State agency,
        the head of such State agency determines that the alien is to
        practice medicine under such agreement in a facility that
        serves patients who reside in one or more geographic areas so
        designated by the Secretary of Health and Human Services
        (without regard to whether such facility is located within such
        a designated geographic area), and the grant of such waiver
        would not cause the number of the waivers granted on behalf of
        aliens for such State for a fiscal year (within the limitation
        in subparagraph (B)) in accordance with the conditions of this
        clause to exceed 5; and
          (iii) in the case of a request by an interested Federal
        agency or by an interested State agency for a waiver for an
        alien who agrees to practice specialty medicine in a facility
        located in a geographic area so designated by the Secretary of
        Health and Human Services, the request shall demonstrate, based
        on criteria established by such agency, that there is a
        shortage of health care professionals able to provide services
        in the appropriate medical specialty to the patients who will
        be served by the alien.
      (2)(A) Notwithstanding section 1258(2) of this title, the
    Attorney General may change the status of an alien who qualifies
    under this subsection and section 1182(e) of this title to that of
    an alien described in section 1101(a)(15)(H)(i)(b) of this title.
    The numerical limitations contained in subsection (g)(1)(A) of this
    section shall not apply to any alien whose status is changed under
    the preceding sentence, if the alien obtained a waiver of the
    2-year foreign residence requirement upon a request by an
    interested Federal agency or an interested State agency.
      (B) No person who has obtained a change of status under
    subparagraph (A) and who has failed to fulfill the terms of the
    contract with the health facility or health care organization named
    in the waiver application shall be eligible to apply for an
    immigrant visa, for permanent residence, or for any other change of
    nonimmigrant status, until it is established that such person has
    resided and been physically present in the country of his
    nationality or his last residence for an aggregate of at least 2
    years following departure from the United States.
      (3) Notwithstanding any other provision of this subsection, the
    2-year foreign residence requirement under section 1182(e) of this
    title shall apply with respect to an alien described in clause
    (iii) of such section, who has not otherwise been accorded status
    under section 1101(a)(27)(H) of this title, if - 
        (A) at any time the alien ceases to comply with any agreement
      entered into under subparagraph (C) or (D) of paragraph (1); or
        (B) the alien's employment ceases to benefit the public
      interest at any time during the 3-year period described in
      paragraph (1)(C).
    (m) Nonimmigrant elementary and secondary school students
      (1) An alien may not be accorded status as a nonimmigrant under
    clause (i) or (iii) of section 1101(a)(15)(F) of this title in
    order to pursue a course of study - 
        (A) at a public elementary school or in a publicly funded adult
      education program; or
        (B) at a public secondary school unless - 
          (i) the aggregate period of such status at such a school does
        not exceed 12 months with respect to any alien, and (ii) the
        alien demonstrates that the alien has reimbursed the local
        educational agency that administers the school for the full,
        unsubsidized per capita cost of providing education at such
        school for the period of the alien's attendance.
        (2) An alien who obtains the status of a nonimmigrant under
      clause (i) or (iii) of section 1101(a)(15)(F) of this title in
      order to pursue a course of study at a private elementary or
      secondary school or in a language training program that is not
      publicly funded shall be considered to have violated such status,
      and the alien's visa under section 1101(a)(15)(F) of this title
      shall be void, if the alien terminates or abandons such course of
      study at such a school and undertakes a course of study at a
      public elementary school, in a publicly funded adult education
      program, in a publicly funded adult education language training
      program, or at a public secondary school (unless the requirements
      of paragraph (1)(B) are met).
    (n) Increased portability of H-1B status
      (1) A nonimmigrant alien described in paragraph (2) who was
    previously issued a visa or otherwise provided nonimmigrant status
    under section 1101(a)(15)(H)(i)(b) of this title is authorized to
    accept new employment upon the filing by the prospective employer
    of a new petition on behalf of such nonimmigrant as provided under
    subsection (a) of this section. Employment authorization shall
    continue for such alien until the new petition is adjudicated. If
    the new petition is denied, such authorization shall cease.
      (2) A nonimmigrant alien described in this paragraph is a
    nonimmigrant alien - 
        (A) who has been lawfully admitted into the United States;
        (B) on whose behalf an employer has filed a nonfrivolous
      petition for new employment before the date of expiration of the
      period of stay authorized by the Attorney General; and
        (C) who, subsequent to such lawful admission, has not been
      employed without authorization in the United States before the
      filing of such petition.
    (o) Nonimmigrants guilty of trafficking in persons
      (1) No alien shall be eligible for admission to the United States
    under section 1101(a)(15)(T) of this title if there is substantial
    reason to believe that the alien has committed an act of a severe
    form of trafficking in persons (as defined in section 7102 of title
    22).
      (2) The total number of aliens who may be issued visas or
    otherwise provided nonimmigrant status during any fiscal year under
    section 1101(a)(15)(T) of this title may not exceed 5,000.
      (3) The numerical limitation of paragraph (2) shall only apply to
    principal aliens and not to the spouses, sons, daughters, siblings,
    or parents of such aliens.
      (4) An unmarried alien who seeks to accompany, or follow to join,
    a parent granted status under section 1101(a)(15)(T)(i) of this
    title, and who was under 21 years of age on the date on which such
    parent applied for such status, shall continue to be classified as
    a child for purposes of section 1101(a)(15)(T)(ii) of this title,
    if the alien attains 21 years of age after such parent's
    application was filed but while it was pending.
      (5) An alien described in clause (i) of section 1101(a)(15)(T) of
    this title shall continue to be treated as an alien described in
    clause (ii)(I) of such section if the alien attains 21 years of age
    after the alien's application for status under such clause (i) is
    filed but while it is pending.
      (6) In making a determination under section
    1101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements
    from State and local law enforcement officials that the alien has
    complied with any reasonable request for assistance in the
    investigation or prosecution of crimes such as kidnapping, rape,
    slavery, or other forced labor offenses, where severe forms of
    trafficking in persons (as defined in section 7102 of title 22)
    appear to have been involved, shall be considered.
    (p) Requirements applicable to section 1101(a)(15)(U) visas
      (1) Petitioning procedures for section 1101(a)(15)(U) visas
        The petition filed by an alien under section 1101(a)(15)(U)(i)
      of this title shall contain a certification from a Federal,
      State, or local law enforcement official, prosecutor, judge, or
      other Federal, State, or local authority investigating criminal
      activity described in section 1101(a)(15)(U)(iii) of this title.
      This certification may also be provided by an official of the
      Service whose ability to provide such certification is not
      limited to information concerning immigration violations. This
      certification shall state that the alien "has been helpful, is
      being helpful, or is likely to be helpful" in the investigation
      or prosecution of criminal activity described in section
      1101(a)(15)(U)(iii) of this title.
      (2) Numerical limitations
        (A) The number of aliens who may be issued visas or otherwise
      provided status as nonimmigrants under section 1101(a)(15)(U) of
      this title in any fiscal year shall not exceed 10,000.
        (B) The numerical limitations in subparagraph (A) shall only
      apply to principal aliens described in section 1101(a)(15)(U)(i)
      of this title, and not to spouses, children, or, in the case of
      alien children, the alien parents of such children.
      (3) Duties of the Attorney General with respect to "U" visa
        nonimmigrants
        With respect to nonimmigrant aliens described in subsection
      (a)(15)(U) of section 1101 of this title - 
          (A) the Attorney General and other government officials,
        where appropriate, shall provide those aliens with referrals to
        nongovernmental organizations to advise the aliens regarding
        their options while in the United States and the resources
        available to them; and
          (B) the Attorney General shall, during the period those
        aliens are in lawful temporary resident status under that
        subsection, provide the aliens with employment authorization.
      (4) Credible evidence considered
        In acting on any petition filed under this subsection, the
      consular officer or the Attorney General, as appropriate, shall
      consider any credible evidence relevant to the petition.
      (5) Nonexclusive relief
        Nothing in this subsection limits the ability of aliens who
      qualify for status under section 1101(a)(15)(U) of this title to
      seek any other immigration benefit or status for which the alien
      may be eligible.
    (q) Employment of nonimmigrants described in section 1101(a)(15)(V)
      (1) In the case of a nonimmigrant described in section
    1101(a)(15)(V) of this title - 
        (A) the Attorney General shall authorize the alien to engage in
      employment in the United States during the period of authorized
      admission and shall provide the alien with an "employment
      authorized" endorsement or other appropriate document signifying
      authorization of employment; and
        (B) the period of authorized admission as such a nonimmigrant
      shall terminate 30 days after the date on which any of the
      following is denied:
          (i) The petition filed under section 1154 of this title to
        accord the alien a status under section 1153(a)(2)(A) of this
        title (or, in the case of a child granted nonimmigrant status
        based on eligibility to receive a visa under section 1153(d) of
        this title, the petition filed to accord the child's parent a
        status under section 1153(a)(2)(A) of this title).
          (ii) The alien's application for an immigrant visa pursuant
        to the approval of such petition.
          (iii) The alien's application for adjustment of status under
        section 1255 of this title pursuant to the approval of such
        petition.
      (2) In determining whether an alien is eligible to be admitted to
    the United States as a nonimmigrant under section 1101(a)(15)(V) of
    this title, the grounds for inadmissibility specified in section
    1182(a)(9)(B) of this title shall not apply.
      (3) The status of an alien physically present in the United
    States may be adjusted by the Attorney General, in the discretion
    of the Attorney General and under such regulations as the Attorney
    General may prescribe, to that of a nonimmigrant under section
    1101(a)(15)(V) of this title, if the alien - 
        (A) applies for such adjustment;
        (B) satisfies the requirements of such section; and
        (C) is eligible to be admitted to the United States, except in
      determining such admissibility, the grounds for inadmissibility
      specified in paragraphs (6)(A), (7), and (9)(B) of section
      1182(a) of this title shall not apply.
    (r) Visas of nonimmigrants described in section 1101(a)(15)(K)(ii)
      (1) A visa shall not be issued under the provisions of section
    1101(a)(15)(K)(ii) of this title until the consular officer has
    received a petition filed in the United States by the spouse of the
    applying alien and approved by the Attorney General. The petition
    shall be in such form and contain such information as the Attorney
    General shall, by regulation, prescribe.
      (2) In the case of an alien seeking admission under section
    1101(a)(15)(K)(ii) of this title who concluded a marriage with a
    citizen of the United States outside the United States, the alien
    shall be considered inadmissible under section 1182(a)(7)(B) of
    this title if the alien is not at the time of application for
    admission in possession of a valid nonimmigrant visa issued by a
    consular officer in the foreign state in which the marriage was
    concluded.
      (3) In the case of a nonimmigrant described in section
    1101(a)(15)(K)(ii) of this title, and any child of such a
    nonimmigrant who was admitted as accompanying, or following to
    join, such a nonimmigrant, the period of authorized admission shall
    terminate 30 days after the date on which any of the following is
    denied:
        (A) The petition filed under section 1154 of this title to
      accord the principal alien status under section 1151(b)(2)(A)(i)
      of this title.
        (B) The principal alien's application for an immigrant visa
      pursuant to the approval of such petition.
        (C) The principal alien's application for adjustment of status
      under section 1255 of this title pursuant to the approval of such
      petition.

                           AMENDMENT OF SECTION                       
      For termination of amendment by section 107(c) of Pub. L. 108-78,
    see Effective and Termination Dates of 2003 Amendment note below.
      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. (c)(2)(A). Pub. L. 108-447, Sec. 413(a), struck
    out at end "In the case of an alien seeking admission under section
    1101(a)(15)(L) of this title, the 1-year period of continuous
    employment required under such section is deemed to be reduced to a
    6-month period if the importing employer has filed a blanket
    petition under this subparagraph and met the requirements for
    expedited processing of aliens covered under such petition."
      Subsec. (c)(2)(F). Pub. L. 108-447, Sec. 412(a), added subpar.
    (F).
      Subsec. (c)(9)(A). Pub. L. 108-447, Sec. 422(b)(1), struck out
    "October 1, 2003" before "a petition under paragraph (1)" in
    introductory provisions.
      Subsec. (c)(9)(B). Pub. L. 108-447, Sec. 422(b)(2), (3),
    substituted "$1,500" for "$1,000" and inserted before period at end
    "except that the fee shall be half the amount for each such
    petition by any employer with not more than 25 full-time equivalent
    employees who are employed in the United States (determined by
    including any affiliate or subsidiary of such employer)".
      Subsec. (c)(12). Pub. L. 108-447, Sec. 426(a), added par. (12).
      Subsec. (g)(5). Pub. L. 108-447, Sec. 425(a)(1), struck out "is
    employed (or has received an offer of employment) at" after
    "section 1101(a)(15)(H)(i)(b) of this title who" in introductory
    provisions.
      Subsec. (g)(5)(A). Pub. L. 108-447, Sec. 425(a)(2), inserted "is
    employed (or has received an offer of employment) at" before "an
    institution" and struck out "or" at end.
      Subsec. (g)(5)(B). Pub. L. 108-447, Sec. 425(a)(3), inserted "is
    employed (or has received an offer of employment) at" before "a
    nonprofit" and substituted "; or" for period at end.
      Subsec. (g)(5)(C). Pub. L. 108-447, Sec. 425(a)(4), added subpar.
    (C).
      Subsec. (l)(1)(D). Pub. L. 108-441, Sec. 1(c), (d), substituted
    "agrees to practice primary care or specialty medicine" for "agrees
    to practice medicine" and "except that - " for "except that, in the
    case of a request by the Department of Veterans Affairs, the alien
    shall not be required to practice medicine in a geographic area
    designated by the Secretary." and added cls. (i) to (iii).
      Subsec. (l)(2)(A). Pub. L. 108-441, Sec. 1(b), inserted at end
    "The numerical limitations contained in subsection (g)(1)(A) of
    this section shall not apply to any alien whose status is changed
    under the preceding sentence, if the alien obtained a waiver of the
    2-year foreign residence requirement upon a request by an
    interested Federal agency or an interested State agency."
      2003 - Subsec. (b). Pub. L. 108-77, Secs. 107(c), 404(1),
    temporarily substituted "(other than a nonimmigrant described in
    subparagraph (L) or (V) of section 1101(a)(15) of this title, and
    other than a nonimmigrant described in any provision of section
    1101(a)(15)(H)(i) of this title except subclause (b1) of such
    section)" for "(other than a nonimmigrant described in subparagraph
    (H)(i), (L), or (V) of section 1101(a)(15) of this title)". See
    Effective and Termination Dates of 2003 Amendments note below.
      Subsec. (c)(1). Pub. L. 108-77, Secs. 107(c), 404(2), temporarily
    substituted "subparagraph (H), (L), (O), or (P)(i) of section
    1101(a)(15) of this title (excluding nonimmigrants under section
    1101(a)(15)(H)(i)(b1) of this title)" for "section 1101(a)(15)(H),
    (L), (O), or (P)(i) of this title". See Effective and Termination
    Dates of 2003 Amendments note below.
      Subsec. (c)(11). Pub. L. 108-77, Secs. 107(c), 402(d)(1),
    temporarily added par. (11). See Effective and Termination Dates of
    2003 Amendments note below.
      Subsec. (g)(8). Pub. L. 108-77, Secs. 107(c), 402(a)(2)(B),
    temporarily added par. (8). See Effective and Termination Dates of
    2003 Amendments note below.
      Subsec. (g)(8)(A). Pub. L. 108-78, Secs. 107(c), 402(1),
    temporarily amended subpar. (A) generally. Prior to amendment,
    subpar. (A) read as follows: "The agreement referred to in section
    1101(a)(15)(H)(i)(b1) of this title is the United States-Chile Free
    Trade Agreement." See Effective and Termination Dates of 2003
    Amendments note below.
      Subsec. (g)(8)(B)(ii). Pub. L. 108-78, Secs. 107(c), 402(2),
    temporarily amended cl. (ii) generally. Prior to amendment, cl.
    (ii) read as follows: "The annual numerical limitations described
    in clause (i) shall not exceed 1,400 for nationals of Chile for any
    fiscal year. For purposes of this clause, the term 'national' has
    the meaning given such term in article 14.9 of the United
    States-Chile Free Trade Agreement." See Effective and Termination
    Dates of 2003 Amendments note below.
      Subsec. (h). Pub. L. 108-77, Secs. 107(c), 404(3), temporarily
    substituted "(H)(i)(b) or (c)" for "(H)(i)". See Effective and
    Termination Dates of 2003 Amendments note below.
      Subsec. (i)(1). Pub. L. 108-77, Secs. 107(c), 402(a)(2)(A)(i),
    temporarily substituted "Except as provided in paragraph (3), for
    purposes" for "For purposes". See Effective and Termination Dates
    of 2003 Amendments note below.
      Subsec. (i)(3). Pub. L. 108-77, Secs. 107(c), 402(a)(2)(A)(ii),
    temporarily added par. (3). See Effective and Termination Dates of
    2003 Amendments note below.
      Subsec. (j). Pub. L. 108-77, Secs. 107(c), 403, temporarily
    designated existing provisions as par. (1), substituted "this
    paragraph" for "this subsection" in two places, and added par. (2).
    See Effective and Termination Dates of 2003 Amendments note below.
      Subsec. (m). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (m), relating to increased portability of H-1B status, as (n).
      Subsec. (n). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (m), relating to increased portability of H-1B status, as (n).
    Former subsec. (n), relating to nonimmigrants guilty of trafficking
    in persons, redesignated (o).
      Subsec. (n)(3). Pub. L. 108-193, Sec. 4(b)(2)(A), inserted
    "siblings," before "or parents".
      Subsec. (n)(4) to (6). Pub. L. 108-193, Sec. 4(b)(2)(B), added
    pars. (4) to (6).
      Subsec. (o). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (n) as (o). Former subsec. (o), relating to requirements applicable
    to section 1101(a)(15)(U) visas, redesignated (p). Another former
    subsec. (o), relating to employment of nonimmigrants described in
    section 1101(a)(15)(V) of this title, redesignated (q).
      Subsec. (p). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (o), relating to requirements applicable to section 1101(a)(15)(U)
    visas, as (p). Former subsec. (p) redesignated (r).
      Subsec. (q). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (o), relating to employment of nonimmigrants described in section
    1101(a)(15)(V) of this title, as (q).
      Subsec. (r). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (p) as (r).
      2002 - Subsec. (c)(2)(A). Pub. L. 107-125, Sec. 2(a), inserted at
    end "In the case of an alien seeking admission under section
    1101(a)(15)(L) of this title, the 1-year period of continuous
    employment required under such section is deemed to be reduced to a
    6-month period if the importing employer has filed a blanket
    petition under this subparagraph and met the requirements for
    expedited processing of aliens covered under such petition."
      Subsec. (c)(2)(E). Pub. L. 107-125, Sec. 1, added subpar. (E).
      Subsec. (e)(6). Pub. L. 107-124 added par. (6).
      Subsec. (l)(1)(B). Pub. L. 107-273 substituted "30;" for "20;".
      Subsec. (m). Pub. L. 107-274 substituted "clause (i) or (iii) of
    section 1101(a)(15)(F)" for "section 1101(a)(15)(F)(i)" in two
    places in subsec. (m) relating to nonimmigrant elementary and
    secondary school students.
      2001 - Subsec. (k)(2). Pub. L. 107-45, Sec. 1(2), redesignated
    par. (3) as (2).
      Pub. L. 107-45, Sec. 1(1), which directed that subsec. (k) be
    amended by striking (2), was executed by striking par. (2) to
    reflect the probable intent of Congress. Prior to amendment, par.
    (2) read as follows: "No alien may be admitted into the United
    States as such a nonimmigrant more than 7 years after September 13,
    1994."
      Subsec. (k)(3). Pub. L. 107-45, Sec. 1(2), redesignated par. (4)
    as (3). Former par. (3) redesignated (2).
      Subsec. (k)(4). Pub. L. 107-45, Sec. 1(2), redesignated par. (5)
    as (4). Former par. (4) redesignated (3).
      Subsec. (k)(4)(E). Pub. L. 107-45, Sec. 1(3), substituted
    "paragraph (3)" for "paragraph (4)".
      Subsec. (k)(5). Pub. L. 107-45, Sec. 1(2), redesignated par. (5)
    as (4).
      2000 - Subsec. (b). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(d)(1)], substituted "(H)(i), (L), or (V)" for "(H)(i) or (L)".
      Subsec. (c)(9)(A). Pub. L. 106-311, Sec. 1(1), substituted
    "(excluding any employer that is a primary or secondary education
    institution, an institution of higher education, as defined in
    section 1001(a) of title 20, a nonprofit entity related to or
    affiliated with any such institution, a nonprofit entity which
    engages in established curriculum-related clinical training of
    students registered at any such institution, a nonprofit research
    organization, or a governmental research organization) filing
    before October 1, 2003" for "(excluding an employer described in
    subparagraph (A) or (B) of section 1182(p)(1) of this title) filing
    (on or after December 1, 1998, and before October 1, 2001)".
      Subsec. (c)(9)(B). Pub. L. 106-311, Sec. 1(2), substituted
    "$1,000" for "$500".
      Subsec. (c)(10). Pub. L. 106-396 added par. (10).
      Subsec. (d). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1103(c)(1)], substituted "1101(a)(15)(K)(i)" for "1101(a)(15)(K)".
      Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106-313, Sec. 102(a),
    added cls. (iv) to (vi), redesignated former cl. (v) as (vii), and
    struck out former cl. (iv) which read as follows: "107,500 in
    fiscal year 2001; and".
      Subsec. (g)(3). Pub. L. 106-313, Sec. 108, amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "Aliens
    who are subject to the numerical limitations of paragraph (1) shall
    be issued visas (or otherwise provided nonimmigrant status) in the
    order in which petitions are filed for such visas or status."
      Subsec. (g)(5) to (7). Pub. L. 106-313, Sec. 103, added pars. (5)
    to (7).
      Subsec. (h). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(d)(1)], substituted "(H)(i), (L), or (V)" for "(H)(i) or (L)".
      Subsec. (l). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated
    subsec. (l), relating to nonimmigrant elementary and secondary
    school students, as (m).
      Subsec. (m). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated
    subsec. (l), relating to nonimmigrant elementary and secondary
    school students, as (m).
      Pub. L. 106-313, Sec. 105(a), added subsec. (m) relating to
    increased portability of H-1B status.
      Subsec. (n). Pub. L. 106-386, Sec. 107(e)(2)(B), added subsec.
    (n).
      Subsec. (o). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(b)], added subsec. (o) relating to employment of nonimmigrants
    described in section 1101(a)(15)(V) of this title.
      Pub. L. 106-386, Sec. 1513(c), added subsec. (o) relating to
    requirements applicable to section 1101(a)(15)(U) visas.
      Subsec. (p). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1103(b)], added subsec. (p).
      1999 - Subsec. (k)(2). Pub. L. 106-104 substituted "7 years" for
    "5 years".
      1998 - Subsec. (c)(9). Pub. L. 105-277, Sec. 414(a), added par.
    (9).
      Subsec. (g)(1)(A). Pub. L. 105-277, Sec. 411(a), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "under section 1101(a)(15)(H)(i)(b) of this title may not exceed
    65,000, or".
      1997 - Subsec. (l)(1)(D). Pub. L. 105-65 inserted before period
    at end ", except that, in the case of a request by the Department
    of Veterans Affairs, the alien shall not be required to practice
    medicine in a geographic area designated by the Secretary".
      1996 - Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(f)(1)(G),
    substituted "admission" for "entry".
      Subsec. (c)(5)(B). Pub. L. 104-208, Sec. 308(f)(3)(B),
    substituted "is admitted to" for "enters".
      Subsec. (d). Pub. L. 104-208, Sec. 308(g)(5)(A)(i), (7)(A),
    substituted "sections 1229a and 1231" for "sections 1252 and 1253".
      Pub. L. 104-208, Sec. 308(f)(1)(H), substituted "admission" for
    "entry".
      Pub. L. 104-208, Sec. 308(e)(2)(B), substituted "removed" for
    "deported".
      Subsec. (f)(1). Pub. L. 104-208, Sec. 671(e)(4)(A), substituted
    "section 40102(a)(2) of title 49" for "section 101(3) of the
    Federal Aviation Act of 1958".
      Subsec. (j). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
    subsec. (j), relating to numerical limitations on the number of
    aliens provided with nonimmigrant visas, as (k).
      Subsec. (j)(1). Pub. L. 104-208, Sec. 621, substituted "200" for
    "100" and "50" for "25".
      Subsec. (k). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
    subsec. (j), relating to numerical limitations on the number of
    aliens provided with nonimmigrant visas, as (k). Former (k)
    redesignated (l).
      Pub. L. 104-208, Sec. 622(c), amended subsec. (k) generally,
    substituting provisions relating to requests by interested State
    and Federal agencies for waivers of the two-year foreign residence
    requirement under section 1182(e) of this title for former
    provisions relating to requests by interested State agencies for
    such waivers.
      Subsec. (k)(4)(C). Pub. L. 104-208, Sec. 308(e)(1)(D), amended
    subsec. (k)(4)(C), as redesignated by Pub. L. 104-208, Sec.
    671(a)(3)(A), by substituting "removal" for "deportation".
      Subsec. (l). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
    subsec. (k) as (l).
      Pub. L. 104-208, Sec. 625(a)(1), added subsec. (l) relating to
    nonimmigrant elementary and secondary school students.
      1994 - Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to
    numerical limitations on the number of aliens provided with
    nonimmigrant visas.
      Subsec. (k). Pub. L. 103-416 added subsec. (k).
      1993 - Subsec. (e). Pub. L. 103-182, Sec. 341(b), designated
    existing provisions as par. (1) and added pars. (2) to (5).
      Subsec. (j). Pub. L. 103-182, Sec. 341(c), added subsec. (j).
      1991 - Subsec. (a)(2)(A). Pub. L. 102-232, Sec. 303(a)(11),
    substituted "described in section 1101(a)(15)(O)" for "under
    section 1101(a)(15)(O)".
      Pub. L. 102-232, Sec. 205(d), inserted "(or events)" after
    "event".
      Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 206(a), designated cl.
    (i) as subpar. (B) and struck out cl. (ii) which read as follows:
    "An alien who is admitted as a nonimmigrant under clause (ii) or
    (iii) of section 1101(a)(15)(P) of this title may not be readmitted
    as such a nonimmigrant unless the alien has remained outside the
    United States for at least 3 months after the date of the most
    recent admission. The Attorney General may waive the application of
    the previous sentence in the case of individual tours in which the
    application would work an undue hardship."
      Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 303(a)(10)(A),
    substituted "individual petitions" for "individuals petitions".
      Subsec. (c)(2)(D). Pub. L. 102-232, Sec. 303(a)(10)(B),
    substituted "involves" for "involved".
      Subsec. (c)(3). Pub. L. 102-232, Sec. 205(e), inserted at end
    "The Attorney General shall provide by regulation for the waiver of
    the consultation requirement under subparagraph (A) in the case of
    aliens who have been admitted as nonimmigrants under section
    1101(a)(15)(O)(i) of this title because of extraordinary ability in
    the arts and who seek readmission to perform similar services
    within 2 years after the date of a consultation under such
    subparagraph. Not later than 5 days after the date such a waiver is
    provided, the Attorney General shall forward a copy of the petition
    and all supporting documentation to the national office of an
    appropriate labor organization."
      Subsec. (c)(3)(A). Pub. L. 102-232, Sec. 204(1), substituted
    "after consultation in accordance with paragraph (6)" for "after
    consultation with peer groups in the area of the alien's ability".
      Subsec. (c)(3)(B). Pub. L. 102-232, Sec. 204(2), substituted
    "after consultation in accordance with paragraph (6) or, in the
    case of such an alien seeking entry for a motion picture or
    television production, after consultation with such a labor
    organization and a management organization in the area of the
    alien's ability" for "after consultation with labor organizations
    with expertise in the skill area involved".
      Subsec. (c)(4)(A), (B). Pub. L. 102-232, Sec. 203(b), added
    subpars. (A) and (B) and redesignated former subpars. (A) and (B)
    as (C) and (D), respectively.
      Subsec. (c)(4)(C). Pub. L. 102-232, Sec. 204(3), struck out
    "clause (ii) of" after "under".
      Pub. L. 102-232, Sec. 203(b), redesignated subpar. (A) as (C).
    Former subpar. (C) redesignated (E).
      Subsec. (c)(4)(D). Pub. L. 102-232, Sec. 204(4), substituted
    "after consultation in accordance with paragraph (6)" for "after
    consultation with labor organizations with expertise in the
    specific field of athletics or entertainment involved".
      Pub. L. 102-232, Sec. 203(b), redesignated subpar. (B) as (D).
      Subsec. (c)(4)(E). Pub. L. 102-232, Sec. 206(c)(2), struck out
    before period at end ", in order to assure reciprocity in fact with
    foreign states".
      Pub. L. 102-232, Sec. 203(b), redesignated subpar. (C) as (E).
      Subsec. (c)(5). Pub. L. 102-232, Sec. 207(a), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (c)(5)(A). Pub. L. 102-232, Sec. 303(a)(12), substituted
    "1101(a)(15)(H)(ii)(b)" for "1101(H)(ii)(b)".
      Subsec. (c)(6), (7). Pub. L. 102-232, Sec. 204(5), (6), added
    par. (6) and redesignated former par. (6) as (7).
      Subsec. (c)(8). Pub. L. 102-232, Sec. 207(c)(1), added par. (8).
      Subsec. (g)(1). Pub. L. 102-232, Sec. 202(a), inserted "or" at
    end of subpar. (A), substituted a period for ", or" at end of
    subpar. (B), and struck out subpar. (C) which read as follows:
    "under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of
    this title may not exceed 25,000."
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 207(b)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 101-649, Sec. 205(b)(1), inserted "(other
    than a nonimmigrant described in subparagraph (H)(i) or (L) of
    section 1101(a)(15) of this title)" after "Every alien".
      Subsec. (c). Pub. L. 101-649, Secs. 206(b), 207(b)(2)(B),
    designated existing provisions as par. (1), substituted reference
    to section 1101(a)(15)(H), (L), (O), or (P)(i) of this title for
    reference to section 1101(a)(15)(H) or (L) of this title, and added
    pars. (2) to (6).
      Subsec. (f). Pub. L. 101-649, Sec. 202(a), added subsec. (f).
      Subsecs. (g) to (i). Pub. L. 101-649, Sec. 205(a), (b)(2),
    (c)(2), added subsecs. (g) to (i).
      1988 - Subsec. (c). Pub. L. 100-525, Sec. 2(l)(1), amended Pub.
    L. 99-603, Sec. 301(b). See 1986 Amendment note below.
      Subsec. (e). Pub. L. 100-449 added subsec. (e).
      1986 - Subsec. (a). Pub. L. 99-603, Sec. 313(b), inserted
    provision directing that no alien admitted without a visa pursuant
    to section 1187 of this title may be authorized to remain in the
    United States as a nonimmigrant visitor for a period exceeding 90
    days from the date of admission.
      Subsec. (c). Pub. L. 99-603, Sec. 301(b), as amended by Pub. L.
    100-525, Sec. 2(l)(1), inserted provisions relating to
    nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this
    title.
      Subsec. (d). Pub. L. 99-639, Sec. 3(a), substituted "have
    previously met in person within 2 years before the date of filing
    the petition, have a bona fide intention to marry," for "have a
    bona fide intention to marry", and inserted ", except that the
    Attorney General in his discretion may waive the requirement that
    the parties have previously met in person".
      Pub. L. 99-639, Sec. 3(c), struck out last sentence which read:
    "In the event the marriage between the said alien and the
    petitioner shall occur within three months after the entry and they
    are found otherwise admissible, the Attorney General shall record
    the lawful admission for permanent residence of the alien and minor
    children as of the date of the payment of the required visa fees."
      1984 - Subsec. (a). Pub. L. 98-454 inserted "No alien admitted to
    Guam without a visa pursuant to section 1182(l) of this title may
    be authorized to enter or stay in the United States other than in
    Guam or to remain in Guam for a period exceeding fifteen days from
    date of admission to Guam."
      1970 - Subsec. (c). Pub. L. 91-225, Sec. 3(a), inserted reference
    to subpar. (L) of section 1101(a)(15) of this title.
      Subsec. (d). Pub. L. 91-225, Sec. 3(b), added subsec. (d).
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-447, div. J, title IV, Sec. 412(b), Dec. 8, 2004, 118
    Stat. 3352, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply to petitions filed on or after
    the effective date of this subtitle [subtitle A, effective 180 days
    after Dec. 8, 2004, see below], whether for initial, extended, or
    amended classification."
      Pub. L. 108-447, div. J, title IV, Sec. 413(b), Dec. 8, 2004, 118
    Stat. 3352, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply only to petitions for initial
    classification filed on or after the effective date of this
    subtitle [subtitle A, effective 180 days after Dec. 8, 2004, see
    below]."
      Pub. L. 108-447, div. J, title IV, Sec. 417, Dec. 8, 2004, 118
    Stat. 3353, provided that: "This subtitle [subtitle A (Secs.
    411-417) of title IV of div. J of Pub. L. 108-447, enacting section
    1380 of this title, amending this section, and enacting provisions
    set out as notes under this section and section 1101 of this title]
    and the amendments made by this subtitle shall take effect 180 days
    after the date of enactment of this Act [Dec. 8, 2004]."
      Amendment by sections 422(b) and 426(a) of Pub. L. 108-447
    effective Dec. 8, 2004, and amendment by section 425(a) of Pub. L.
    108-447 effective 90 days after Dec. 8, 2004, see section 430 of
    Pub. L. 108-447, set out as a note under section 1182 of this
    title.
      Pub. L. 108-447, div. J, title IV, Sec. 426(c), Dec. 8, 2004, 118
    Stat. 3358, provided that: "The amendments made by this section
    [amending this section and section 1356 of this title] shall take
    effect on the date of enactment of this Act [Dec. 8, 2004], and the
    fees imposed under such amendments shall apply to petitions under
    section 214(c) of the Immigration and Nationality Act [8 U.S.C.
    1184(c)], and applications for nonimmigrant visas under section 222
    of such Act [8 U.S.C. 1202], filed on or after the date that is 90
    days after the date of the enactment of this Act."
            EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS        
      Amendment by Pub. L. 108-78 effective on the date the United
    States-Singapore 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. 108-78, set out in a
    note under section 3805 of Title 19, Customs Duties.
      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 as a note
    under section 3805 of Title 19, Customs Duties.
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-273 effective as if enacted May 31,
    2002, see section 11018(d) of Pub. L. 107-273, set out as a note
    under section 1182 of this title.
                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Amendment by section 1(a)(2) [title XI, Sec. 1102(b), (d)(1)] of
    Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien
    who is beneficiary of classification petition filed under section
    1154 of this title on or before Dec. 21, 2000, see section 1(a)(2)
    [title XI, Sec. 1102(e)] of Pub. L. 106-553, set out as a note
    under section 1101 of this title.
      Amendment by section 1(a)(2) [title XI, Sec. 1103(b), (c)(1)] of
    Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien
    who is beneficiary of classification petition filed under section
    1154 of this title before, on, or after Dec. 21, 2000, see section
    1(a)(2) [title XI, Sec. 1103(d)] of Pub. L. 106-553, set out as a
    note under section 1101 of this title.
      Pub. L. 106-313, title I, Sec. 105(b), Oct. 17, 2000, 114 Stat.
    1253, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply to petitions filed before, on,
    or after the date of enactment of this Act [Oct. 17, 2000]."
      Pub. L. 106-311, Sec. 2, Oct. 17, 2000, 114 Stat. 1247, provided
    that: "The amendment made by section 1(2) [amending this section]
    shall apply only to petitions that are filed on or after the date
    that is 2 months after the date of the enactment of this Act [Oct.
    17, 2000]."
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. C, title IV, Sec. 411(b), Oct. 21, 1998,
    112 Stat. 2681-642, provided that: "The amendment made by
    subsection (a) [amending this section] applies beginning with
    fiscal year 1999."
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H),
    (3)(B), (g)(5)(A)(i), (7)(A) of Pub. L. 104-208 effective, with
    certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 625(a)(1) of Pub. L. 104-208 applicable to
    individuals who obtain status of nonimmigrant under section
    1101(a)(15)(F) of this title after end of 60-day period beginning
    Sept. 30, 1996, including aliens whose status as such a
    nonimmigrant is extended after end of such period, see section
    625(c) of Pub. L. 104-208, set out as a note under section 1101 of
    this title.
      Amendment by section 671(a)(3)(A) of Pub. L. 104-208 effective as
    if included in the enactment of the Violent Crime Control and Law
    Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
    Pub. L. 104-208, set out as a note under section 1101 of this
    title.
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 applicable to aliens admitted to
    United States under section 1101(a)(15)(J) of this title, or
    acquiring such status after admission to United States, before, on,
    or after Oct. 25, 1994, and before June 1, 2006, see section 220(c)
    of Pub. L. 103-416, as amended, set out as an Effective and
    Termination Dates of 1994 Amendments note under section 1182 of
    this title.
                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on date the North American
    Free Trade Agreement enters into force with respect to the United
    States (Jan. 1, 1994), see section 342 of Pub. L. 103-182, set out
    as a note under section 3401 of Title 19, Customs Duties.
                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a),
    (c)(2), 207(a), (c)(1) of Pub. L. 102-232 effective Apr. 1, 1992,
    see section 208 of Pub. L. 102-232, set out as a note under section
    1101 of this title.
      Amendment by section 303(a)(10)-(12) of Pub. L. 102-232 effective
    as if included in the enactment of the Immigration Act of 1990,
    Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as
    a note under section 1101 of this title.
                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 202(a) of Pub. L. 101-649 effective 60 days
    after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649, set out
    as a note under section 1182 of this title.
      Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of
    Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L.
    101-649, set out as a note under section 1101 of this title.
            EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS        
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L.
    99-603, see section 2(s) of Pub. L. 100-525, set out as an
    Effective Date of 1988 Amendment note under section 1101 of this
    title.
      Amendment by Pub. L. 100-449 effective on the date the United
    States-Canada Free-Trade Agreement enters into force (Jan. 1,
    1989), and to cease to have effect on the date the Agreement ceases
    to be in force, see section 501(a), (c) of Pub. L. 100-449, set out
    in a note under section 2112 of Title 19, Customs Duties.
                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 3(d)(1), (3) of Pub. L. 99-639 provided that:
      "(1) The amendments made by subsection (a) [amending this
    section] shall apply to petitions approved on or after the date of
    the enactment of this Act [Nov. 10, 1986].
      "(3) The amendment made by subsection (c) [amending this section]
    shall apply to aliens issued visas under section 101(a)(15)(K) of
    the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(K)] on or
    after the date of the enactment of this Act."
      Amendment by section 301(b) of Pub. L. 99-603 applicable to
    petitions and applications filed under sections 1184(c) and 1188 of
    this title on or after the first day of the seventh month beginning
    after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as
    amended, set out as an Effective Date note under section 1188 of
    this title.

        L VISA INTERAGENCY TASK FORCE AND INSPECTOR GENERAL REPORT    
      Pub. L. 108-447, div. J, title IV, Secs. 415, 416, Dec. 8, 2004,
    118 Stat. 3352, provided that:
      "SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM.
      "Not later than 6 months after the date of enactment of this Act
    [Dec. 8, 2004], the Inspector General of the Department of Homeland
    Security shall, consistent with the authority granted the
    Department under section 428 of the Homeland Security Act of 2002
    (6 U.S.C. 236), examine and report to the Committees on the
    Judiciary of the House of Representatives and the Senate on the
    vulnerabilities and potential abuses in the visa program carried
    out under section 214(c) of the Immigration and Nationality Act (8
    U.S.C. 1184(c)) with respect to nonimmigrants described in section
    101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)).
      "SEC. 416. ESTABLISHMENT OF TASK FORCE.
      "(a) Establishment. - Not later than 6 months after the date of
    enactment of this Act [Dec. 8, 2004], there shall be established an
    L Visa Interagency Task Force that consists of representatives from
    the Department of Homeland Security, the Department of Justice, and
    the Department of State. The Secretaries of each Department and
    each relevant bureau of the Department of Homeland Security shall
    appoint designees to the L Visa Interagency Task Force. The L Visa
    Interagency Task Force shall consult with other agencies deemed
    appropriate.
      "(b) Report. - Not later than 6 months after the submission of
    the report by the Inspector General of the Department of Homeland
    Security in accordance with section 6 [probably means section 415
    of div. J. of Pub. L. 108-447], the L Visa Interagency Task Force
    shall report to the Committees on the Judiciary of the House of
    Representatives and the Senate on the efforts to implement the
    recommendations set forth by the Inspector General's report. The L
    Visa Interagency Task Force shall note specific areas of agreement
    and disagreement, and make recommendations to Congress on the
    findings of the Task Force, including any suggestions for
    legislation. The Task Force shall also review other additional
    issues as may be raised by the Inspector General's report or by the
    Task Force's own deliberations regarding the policies and purposes
    of the visa program relative to national goals and transnational
    commerce."
         STATISTICAL INFORMATION ON COUNTRY OF ORIGIN, OCCUPATION,
                    EDUCATIONAL LEVEL AND COMPENSATION
      Pub. L. 108-447, div. J, title IV, Sec. 425(b), Dec. 8, 2004, 118
    Stat. 3356, provided that: "Beginning on the date of enactment of
    this Act [Dec. 8, 2004], the Secretary of Homeland Security shall
    maintain statistical information on the country of origin and
    occupation of, educational level maintained by, and compensation
    paid to, each alien who is issued a visa or otherwise provided
    nonimmigrant status and is exempt under section 214(g)(5) of the
    Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) for each
    fiscal year. The statistical information shall be included in the
    annual report to Congress under section 416(c) of the American
    Competitiveness and Workforce Improvement Act of 1998 (Public Law
    105-277; 112 Stat. 2681-655) [set out below]."
              ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000          
      Pub. L. 106-313, title I, Sec. 102(b), Oct. 17, 2000, 114 Stat.
    1251, provided that:
      "(1) In general. - (A) Notwithstanding section 214(g)(1)(A)(ii)
    of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(1)(A)(ii)), the total number of aliens who may be issued
    visas or otherwise provided nonimmigrant status under section
    101(a)(15)(H)(i)(b) of such Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] in
    fiscal year 1999 is increased by a number equal to the number of
    aliens who are issued such a visa or provided such status during
    the period beginning on the date on which the limitation in such
    section 214(g)(1)(A)(ii) is reached and ending on September 30,
    1999.
      "(B) In the case of any alien on behalf of whom a petition for
    status under section 101(a)(15)(H)(i)(b) is filed before September
    1, 2000, and is subsequently approved, that alien shall be counted
    toward the numerical ceiling for fiscal year 2000 notwithstanding
    the date of the approval of the petition. Notwithstanding section
    214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total
    number of aliens who may be issued visas or otherwise provided
    nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act
    in fiscal year 2000 is increased by a number equal to the number of
    aliens who may be issued visas or otherwise provided nonimmigrant
    status who filed a petition during the period beginning on the date
    on which the limitation in such section 214(g)(1)(A)(iii) is
    reached and ending on August 31, 2000.
      "(2) Effective date. - Paragraph (1) shall take effect as if
    included in the enactment of section 411 of the American
    Competitiveness and Workforce Improvement Act of 1998 (as contained
    in title IV of division C of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999; Public Law 105-277) [see
    Effective Date of 1998 Amendment note above]."
               ONE-TIME PROTECTION UNDER PER COUNTRY CEILING           
      Pub. L. 106-313, title I, Sec. 104(c), Oct. 17, 2000, 114 Stat.
    1253, provided that: "Notwithstanding section 214(g)(4) of the
    Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien
    who - 
        "(1) is the beneficiary of a petition filed under section
      204(a) of that Act [8 U.S.C. 1154(a)] for a preference status
      under paragraph (1), (2), or (3) of section 203(b) of that Act [8
      U.S.C. 1153(b)]; and
        "(2) is eligible to be granted that status but for application
      of the per country limitations applicable to immigrants under
      those paragraphs,
    may apply for, and the Attorney General may grant, an extension of
    such nonimmigrant status until the alien's application for
    adjustment of status has been processed and a decision made
    thereon."
           SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS       
      Pub. L. 106-313, title I, Sec. 106(a), (b), Oct. 17, 2000, 114
    Stat. 1253, 1254, as amended by Pub. L. 107-273, div. C, title I,
    Sec. 11030A, Nov. 2, 2002, 116 Stat. 1836, provided that:
      "(a) Exemption From Limitation. - The limitation contained in
    section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(4)) with respect to the duration of authorized stay shall
    not apply to any nonimmigrant alien previously issued a visa or
    otherwise provided nonimmigrant status under section
    101(a)(15)(H)(i)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), if
    365 days or more have elapsed since the filing of any of the
    following:
        "(1) Any application for labor certification under section
      212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case in
      which certification is required or used by the alien to obtain
      status under section 203(b) of such Act (8 U.S.C. 1153(b)).
        "(2) A petition described in section 204(b) of such Act (3
      U.S.C. 1154(b)) [8 U.S.C. 1154(b)] to accord the alien a status
      under section 203(b) of such Act.
      "(b) Extension of H-1B Worker Status. - The Attorney General
    shall extend the stay of an alien who qualifies for an exemption
    under subsection (a) in one-year increments until such time as a
    final decision is made - 
        "(1) to deny the application described in subsection (a)(1),
      or, in a case in which such application is granted, to deny a
      petition described in subsection (a)(2) filed on behalf of the
      alien pursuant to such grant;
        "(2) to deny the petition described in subsection (a)(2); or
        "(3) to grant or deny the alien's application for an immigrant
      visa or for adjustment of status to that of an alien lawfully
      admitted for permanent residence."
     EXCLUSION OF CERTAIN "J" NONIMMIGRANTS FROM NUMERICAL LIMITATIONS
                    APPLICABLE TO "H-1B" NONIMMMIGRANTS
      Pub. L. 106-313, title I, Sec. 114, Oct. 17, 2000, 114 Stat.
    1262, provided that: "The numerical limitations contained in
    section 102 of this title [amending this section and enacting
    provisions set out as a note above] shall not apply to any
    nonimmigrant alien granted a waiver that is subject to the
    limitation contained in paragraph (1)(B) of the first section
    214(l) of the Immigration and Nationality Act [8 U.S.C. 1184(l)]
    (relating to restrictions on waivers)."
              IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS          
      Pub. L. 105-277, div. C, title IV, Sec. 416, Oct. 21, 1998, 112
    Stat. 2681-655, provided that:
      "(a) Ensuring Accurate Count. - The Attorney General shall take
    such steps as are necessary to maintain an accurate count of the
    number of aliens subject to the numerical limitations of section
    214(g)(1) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(1)) who are issued visas or otherwise provided nonimmigrant
    status.
      "(b) Revision of Petition Forms. - The Attorney General shall
    take such steps as are necessary to revise the forms used for
    petitions for visas or nonimmigrant status under clause (i)(b) or
    (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality
    Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the forms
    provide the Attorney General with sufficient information to permit
    the Attorney General accurately to count the number of aliens
    subject to the numerical limitations of section 214(g)(1) of such
    Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise
    provided nonimmigrant status.
      "(c) Provision of Information. - 
        "(1) Quarterly notification. - Beginning not later than 60 days
      after the first day of fiscal year 1999, the Attorney General
      shall notify, on a quarterly basis, the Committees on the
      Judiciary of the United States House of Representatives and the
      Senate of the numbers of aliens who were issued visas or
      otherwise provided nonimmigrant status under section
      101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [8
      U.S.C. 1101(a)(15)(H)(i)(b)] during the preceding 3-month period.
        "(2) Annual submission. - Beginning with fiscal year 2000, the
      Attorney General shall submit on an annual basis, to the
      Committees on the Judiciary of the United States House of
      Representatives and the Senate, information on the countries of
      origin and occupations of, educational levels attained by, and
      compensation paid to, aliens who were issued visas or otherwise
      provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of
      the Immigration and Nationality Act [8 U.S.C.
      1101(a)(15)(H)(i)(b)] during the previous fiscal year. With
      respect to the first submission under this paragraph, the
      information shall relate solely to aliens provided nonimmigrant
      status after the date that is 60 days after the date on which
      final regulations are issued to carry out section 412(a)
      [amending section 1182 of this title].
        "(3) Specification of number of petitions filed by certain
      employers. - Each notification under paragraph (1), and each
      submission under paragraph (2), shall include the number of
      aliens who were issued visas or otherwise provided nonimmigrant
      status pursuant to petitions filed by institutions or
      organizations described in section 212(p)(1) of the Immigration
      and Nationality Act [8 U.S.C. 1182(p)(1)] (as added by section
      415 of this title)."
     REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF H-1B NONIMMIGRANT
                                 INCREASE
      Pub. L. 105-277, div. C, title IV, Sec. 418(b), Oct. 21, 1998,
    112 Stat. 2681-657, provided that: "The Chairman of the Board of
    Governors of the Federal Reserve System, the Director of the Office
    of Management and Budget, the Chair of the Council of Economic
    Advisers, the Secretary of the Treasury, the Secretary of Commerce,
    the Secretary of Labor, and any other member of the Cabinet, shall
    promptly report to the Congress the results of any reliable study
    that suggests, based on legitimate economic analysis, that the
    increase effected by section 411(a) of this title [amending this
    section] in the number of aliens who may be issued visas or
    otherwise provided nonimmigrant status under section
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)(H)(i)(b)] has had an impact on any national
    economic indicator, such as the level of inflation or unemployment,
    that warrants action by the Congress."
            DEADLINE FOR FIRST REPORT WITH RESPECT TO PETITIONS        
      Section 207(c)(2) of Pub. L. 102-232 provided that: "The first
    report under section 214(c)(8) of the Immigration and Nationality
    Act [8 U.S.C. 1184(c)(8)] shall be provided not later than April 1,
    1993."
     DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF SUBSECTION (G)(1)(C)
                              OF THIS SECTION
      See section 3 of Pub. L. 102-110, set out as a Delay Until April
    1, 1992, in Implementation of Provisions Relating to Nonimmigrant
    Artists, Athletes, Entertainers, and Fashion Models note under
    section 1101 of this title.
             WORK AUTHORIZATION DURING PENDING LABOR DISPUTES         
      Section 207(c) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided
    that:
      "(1) In the case of an alien admitted as a nonimmigrant (other
    than under section 101(a)(15)(H)(ii)(a) of the Immigration and
    Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(a)]) and who is
    authorized to be employed in an occupation, if nonimmigrants
    constitute a majority of the members of the bargaining unit in the
    occupation, during the period of any strike or lockout in the
    occupation with the employer which strike or lockout is pending on
    the date of the enactment of this Act [Nov. 29, 1990] the alien - 
        "(A) continues to be authorized to be employed in the
      occupation for that employer, and
        "(B) is authorized to be employed in any occupation for any
      other employer so long as such strike or lockout continues with
      respect to that occupation and employer.
      "(2) In the case of an alien admitted as a nonimmigrant (other
    than under section 101(a)(15)(H)(ii)(a) of the Immigration and
    Nationality Act) and who is authorized to be employed in an
    occupation, if nonimmigrants do not constitute a majority of the
    members of the bargaining unit in the occupation, during the period
    of any strike or lockout in the occupation with the employer which
    strike or lockout is pending on the date of the enactment of this
    Act the alien - 
        "(A) is not authorized to be employed in the occupation for
      that employer, and
        "(B) is authorized to be employed in any occupation for any
      other employer so long as there is no strike or lockout with
      respect to that occupation and employer.
      "(3) With respect to a nonimmigrant described in paragraph (1) or
    (2) who does not perform unauthorized employment, any limit on the
    period of authorized stay shall be extended by the period of the
    strike or lockout, except that any such extension may not continue
    beyond the maximum authorized period of stay.
      "(4) The provisions of this subsection shall take effect on the
    date of the enactment of this Act."
       OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS (F NONIMMIGRANTS)   
      Section 221 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub.
    L. 103-416, title II, Sec. 215(a), Oct. 25, 1994, 108 Stat. 4315,
    provided that:
      "(a) 5-Year Provision. - With respect to work authorization for
    aliens admitted as nonimmigrant students described in subparagraph
    (F) of section 101(a)(15) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)] during the 5-year period beginning October 1,
    1991, the Attorney General shall grant such an alien work
    authorization to be employed off-campus if - 
        "(1) the alien has completed 1 academic year as such a
      nonimmigrant and is maintaining good academic standing at the
      educational institution,
        "(2) the employer provides the educational institution and the
      Secretary of Labor with an attestation that the employer (A) has
      recruited for at least 60 days for the position and (B) will
      provide for payment to the alien and to other similarly situated
      workers at a rate equal to not less than the actual wage level
      for the occupation at the place of employment or, if greater, the
      prevailing wage level for the occupation in the area of
      employment, and
        "(3) the alien will not be employed more than 20 hours each
      week during the academic term (but may be employed on a full-time
      basis during vacation periods and between academic terms).
    If the Secretary of Labor determines that an employer has provided
    an attestation under paragraph (2) that is materially false or has
    failed to pay wages in accordance with the attestation, after
    notice and opportunity for a hearing, the employer shall be
    disqualified from employing an alien student under this subsection.
      "(b) Report to Congress. - Not later than April 1, 1996, the
    Commissioner of Immigration and Naturalization and the Secretary of
    Labor shall prepare and submit to the Congress a report on - 
        "(1) whether the program of work authorization under subsection
      (a) should be extended, and
        "(2) the impact of such program on prevailing wages of
      workers."
    LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN
                                  ISLANDS
      Notwithstanding any other provision of law, the Attorney General
    not to be authorized, on or after Sept. 30, 1982, to approve any
    petition filed under subsec. (c) of this section in the case of
    importing any alien as a nonimmigrant under section
    1101(a)(15)(H)(ii) of this title for employment in the Virgin
    Islands of the United States other than as an entertainer or as an
    athlete and for a period not exceeding 45 days, see section 3 of
    Pub. L. 97-271, set out as a note under section 1255 of this title.
       IMPORTATION OF SHEEPHERDERS; TERMINATION OF QUOTA DEDUCTIONS   
      Quota deductions authorized by acts June 30, 1950, ch. 423, 64
    Stat. 306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective
    July 1, 1957.
           CANCELLATION OF CERTAIN NONIMMIGRANT DEPARTURE BONDS       
      Pub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the
    Attorney General, upon application made not later than July 18,
    1963, to cancel any departure bond posted pursuant to the
    Immigration Act of 1924, as amended, or the Immigration and
    Nationality Act [this chapter], on behalf of any refugee who
    entered the United States as a nonimmigrant after May 6, 1945, and
    prior to July 1, 1953, and who had his immigration status adjusted
    to that of an alien admitted for permanent residence pursuant to
    any public or private law.

Last modified: June 14, 2006