Aliens and Nationality - 8 USC Section 1187

Sponsored Links

01/03/05

Sec. 1187. Visa waiver program for certain visitors

(a) Establishment of program
The Attorney General and the Secretary of State are authorized to
establish a program (hereinafter in this section referred to as the
"program") under which the requirement of paragraph (7)(B)(i)(II)
of section 1182(a) of this title may be waived by the Attorney
General, in consultation with the Secretary of State and in
accordance with this section, in the case of an alien who meets the
following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a
nonimmigrant visitor (described in section 1101(a)(15)(B) of this
title) for a period not exceeding 90 days.
(2) National of program country
The alien is a national of, and presents a passport issued by,
a country which -
(A) extends (or agrees to extend), either on its own or in
conjunction with one or more other countries that are described
in subparagraph (B) and that have established with it a common
area for immigration admissions, reciprocal privileges to
citizens and nationals of the United States, and
(B) is designated as a pilot program country under subsection
(c) of this section.
(3) Machine readable passport
(A) In general
Except as provided in subparagraph (B), on or after October
1, 2003, the alien at the time of application for admission is
in possession of a valid unexpired machine-readable passport
that satisfies the internationally accepted standard for
machine readability.
(B) Limited waiver authority
For the period beginning October 1, 2003, and ending
September 30, 2007, the Secretary of State may waive the
requirement of subparagraph (A) with respect to nationals of a
program country (as designated under subsection (c) of this
section), if the Secretary of State finds that the program
country -
(i) is making progress toward ensuring that passports
meeting the requirement of subparagraph (A) are generally
available to its nationals; and
(ii) has taken appropriate measures to protect against
misuse of passports the country has issued that do not meet
the requirement of subparagraph (A).
(4) Executes immigration forms
The alien before the time of such admission completes such
immigration form as the Attorney General shall establish.
(5) Entry into the United States
If arriving by sea or air, the alien arrives at the port of
entry into the United States on a carrier, including any carrier
conducting operations under part 135 of title 14, Code of Federal
Regulations, or a noncommercial aircraft that is owned or
operated by a domestic corporation conducting operations under
part 91 of title 14, Code of Federal Regulations (!1) which has
entered into an agreement with the Attorney General pursuant to
subsection (e) of this section. The Attorney General is
authorized to require a carrier conducting operations under part
135 of title 14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that title, to
give suitable and proper bond, in such reasonable amount and
containing such conditions as the Attorney General may deem
sufficient to ensure compliance with the indemnification
requirements of this section, as a term of such an agreement.
(6) Not a safety threat
The alien has been determined not to represent a threat to the
welfare, health, safety, or security of the United States.
(7) No previous violation
If the alien previously was admitted without a visa under this
section, the alien must not have failed to comply with the
conditions of any previous admission as such a nonimmigrant.
(8) Round-trip ticket
The alien is in possession of a round-trip transportation
ticket (unless this requirement is waived by the Attorney General
under regulations or the alien is arriving at the port of entry
on an aircraft operated under part 135 of title 14, Code of
Federal Regulations, or a noncommercial aircraft that is owned or
operated by a domestic corporation conducting operations under
part 91 of title 14, Code of Federal Regulations).
(9) Automated system check
The identity of the alien has been checked using an automated
electronic database containing information about the
inadmissibility of aliens to uncover any grounds on which the
alien may be inadmissible to the United States, and no such
ground has been found.
Operators of aircraft under part 135 of title 14, Code of Federal
Regulations, or operators of noncommercial aircraft that are owned
or operated by a domestic corporation conducting operations under
part 91 of title 14, Code of Federal Regulations, carrying any
alien passenger who will apply for admission under this section
shall furnish such information as the Attorney General by
regulation shall prescribe as necessary for the identification of
any alien passenger being transported and for the enforcement of
the immigration laws. Such information shall be electronically
transmitted not less than one hour prior to arrival at the port of
entry for purposes of checking for inadmissibility using the
automated electronic database.
(b) Waiver of rights
An alien may not be provided a waiver under the program unless
the alien has waived any right -
(1) to review or appeal under this chapter of an immigration
officer's determination as to the admissibility of the alien at
the port of entry into the United States, or
(2) to contest, other than on the basis of an application for
asylum, any action for removal of the alien.
(c) Designation of program countries
(1) In general
The Attorney General, in consultation with the Secretary of
State, may designate any country as a program country if it meets
the requirements of paragraph (2).
(2) Qualifications
Except as provided in subsection (f) of this section, a country
may not be designated as a program country unless the following
requirements are met:
(A) Low nonimmigrant visa refusal rate
Either -
(i) the average number of refusals of nonimmigrant visitor
visas for nationals of that country during -
(I) the two previous full fiscal years was less than 2.0
percent of the total number of nonimmigrant visitor visas
for nationals of that country which were granted or refused
during those years; and
(II) either of such two previous full fiscal years was
less than 2.5 percent of the total number of nonimmigrant
visitor visas for nationals of that country which were
granted or refused during that year; or
(ii) such refusal rate for nationals of that country during
the previous full fiscal year was less than 3.0 percent.
(B) Machine readable passport program
(i) In general
Subject to clause (ii), the government of the country
certifies that it issues to its citizens machine-readable
passports that satisfy the internationally accepted standard
for machine readability.
(ii) Deadline for compliance for certain countries
In the case of a country designated as a program country
under this subsection prior to May 1, 2000, as a condition on
the continuation of that designation, the country -
(I) shall certify, not later than October 1, 2000, that
it has a program to issue machine-readable passports to its
citizens not later than October 1, 2003; and
(II) shall satisfy the requirement of clause (i) not
later than October 1, 2003.
(C) Law enforcement and security interests
The Attorney General, in consultation with the Secretary of
State -
(i) evaluates the effect that the country's designation
would have on the law enforcement and security interests of
the United States (including the interest in enforcement of
the immigration laws of the United States and the existence
and effectiveness of its agreements and procedures for
extraditing to the United States individuals, including its
own nationals, who commit crimes that violate United States
law);
(ii) determines that such interests would not be
compromised by the designation of the country; and
(iii) submits a written report to the Committee on the
Judiciary and the Committee on International Relations of the
House of Representatives and the Committee on the Judiciary
and the Committee on Foreign Relations of the Senate
regarding the country's qualification for designation that
includes an explanation of such determination.
(D) Reporting passport thefts
The government of the country certifies that it reports to
the United States Government on a timely basis the theft of
blank passports issued by that country.
(3) Continuing and subsequent qualifications
For each fiscal year after the initial period -
(A) Continuing qualification
In the case of a country which was a program country in the
previous fiscal year, a country may not be designated as a
program country unless the sum of -
(i) the total of the number of nationals of that country
who were denied admission at the time of arrival or withdrew
their application for admission during such previous fiscal
year as a nonimmigrant visitor, and
(ii) the total number of nationals of that country who were
admitted as nonimmigrant visitors during such previous fiscal
year and who violated the terms of such admission,
was less than 2 percent of the total number of nationals of
that country who applied for admission as nonimmigrant visitors
during such previous fiscal year.
(B) New countries
In the case of another country, the country may not be
designated as a program country unless the following
requirements are met:
(i) Low nonimmigrant visa refusal rate in previous 2-year
period
The average number of refusals of nonimmigrant visitor
visas for nationals of that country during the two previous
full fiscal years was less than 2 percent of the total number
of nonimmigrant visitor visas for nationals of that country
which were granted or refused during those years.
(ii) Low nonimmigrant visa refusal rate in each of the 2
previous years
The average number of refusals of nonimmigrant visitor
visas for nationals of that country during either of such two
previous full fiscal years was less than 2.5 percent of the
total number of nonimmigrant visitor visas for nationals of
that country which were granted or refused during that year.
(4) Initial period
For purposes of paragraphs (2) and (3), the term "initial
period" means the period beginning at the end of the 30-day
period described in subsection (b)(1) of this section and ending
on the last day of the first fiscal year which begins after such
30-day period.
(5) Written reports on continuing qualification; designation
terminations
(A) Periodic evaluations
(i) In general
The Attorney General, in consultation with the Secretary of
State, periodically (but not less than once every 2 years) -
(I) shall evaluate the effect of each program country's
continued designation on the law enforcement and security
interests of the United States (including the interest in
enforcement of the immigration laws of the United States
and the existence and effectiveness of its agreements and
procedures for extraditing to the United States
individuals, including its own nationals, who commit crimes
that violate United States law);
(II) shall determine, based upon the evaluation in
subclause (I), whether any such designation ought to be
continued or terminated under subsection (d) of this
section; and
(III) shall submit a written report to the Committee on
the Judiciary and the Committee on International Relations
of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations of the
Senate regarding the continuation or termination of the
country's designation that includes an explanation of such
determination and the effects described in subclause (I).
(ii) Effective date
A termination of the designation of a country under this
subparagraph shall take effect on the date determined by the
Attorney General, in consultation with the Secretary of
State.
(iii) Redesignation
In the case of a termination under this subparagraph, the
Attorney General shall redesignate the country as a program
country, without regard to subsection (f) of this section or
paragraph (2) or (3), when the Attorney General, in
consultation with the Secretary of State, determines that all
causes of the termination have been eliminated.
(B) Emergency termination
(i) In general
In the case of a program country in which an emergency
occurs that the Attorney General, in consultation with the
Secretary of State, determines threatens the law enforcement
or security interests of the United States (including the
interest in enforcement of the immigration laws of the United
States), the Attorney General shall immediately terminate the
designation of the country as a program country.
(ii) Definition
For purposes of clause (i), the term "emergency" means -
(I) the overthrow of a democratically elected government;
(II) war (including undeclared war, civil war, or other
military activity) on the territory of the program country;
(III) a severe breakdown in law and order affecting a
significant portion of the program country's territory;
(IV) a severe economic collapse in the program country;
or
(V) any other extraordinary event in the program country
that threatens the law enforcement or security interests of
the United States (including the interest in enforcement of
the immigration laws of the United States) and where the
country's participation in the program could contribute to
that threat.
(iii) Redesignation
The Attorney General may redesignate the country as a
program country, without regard to subsection (f) of this
section or paragraph (2) or (3), when the Attorney General,
in consultation with the Secretary of State, determines that
-
(I) at least 6 months have elapsed since the effective
date of the termination;
(II) the emergency that caused the termination has ended;
and
(III) the average number of refusals of nonimmigrant
visitor visas for nationals of that country during the
period of termination under this subparagraph was less than
3.0 percent of the total number of nonimmigrant visitor
visas for nationals of that country which were granted or
refused during such period.
(C) Treatment of nationals after termination
For purposes of this paragraph -
(i) nationals of a country whose designation is terminated
under subparagraph (A) or (B) shall remain eligible for a
waiver under subsection (a) of this section until the
effective date of such termination; and
(ii) a waiver under this section that is provided to such a
national for a period described in subsection (a)(1) of this
section shall not, by such termination, be deemed to have
been rescinded or otherwise rendered invalid, if the waiver
is granted prior to such termination.
(6) Computation of visa refusal rates
For purposes of determining the eligibility of a country to be
designated as a program country, the calculation of visa refusal
rates shall not include any visa refusals which incorporate any
procedures based on, or are otherwise based on, race, sex, or
disability, unless otherwise specifically authorized by law or
regulation. No court shall have jurisdiction under this paragraph
to review any visa refusal, the denial of admission to the United
States of any alien by the Attorney General, the Secretary's
computation of the visa refusal rate, or the designation or
nondesignation of any country.
(7) Visa waiver information
(A) In general
In refusing the application of nationals of a program country
for United States visas, or the applications of nationals of a
country seeking entry into the visa waiver program, a consular
officer shall not knowingly or intentionally classify the
refusal of the visa under a category that is not included in
the calculation of the visa refusal rate only so that the
percentage of that country's visa refusals is less than the
percentage limitation applicable to qualification for
participation in the visa waiver program.
(B) Reporting requirement
On May 1 of each year, for each country under consideration
for inclusion in the visa waiver program, the Secretary of
State shall provide to the appropriate congressional committees
-
(i) the total number of nationals of that country that
applied for United States visas in that country during the
previous calendar year;
(ii) the total number of such nationals who received United
States visas during the previous calendar year;
(iii) the total number of such nationals who were refused
United States visas during the previous calendar year;
(iv) the total number of such nationals who were refused
United States visas during the previous calendar year under
each provision of this chapter under which the visas were
refused; and
(v) the number of such nationals that were refused under
section 1184(b) of this title as a percentage of the visas
that were issued to such nationals.
(C) Certification
Not later than May 1 of each year, the United States chief of
mission, acting or permanent, to each country under
consideration for inclusion in the visa waiver program shall
certify to the appropriate congressional committees that the
information described in subparagraph (B) is accurate and
provide a copy of that certification to those committees.
(D) Consideration of countries in the visa waiver program
Upon notification to the Attorney General that a country is
under consideration for inclusion in the visa waiver program,
the Secretary of State shall provide all of the information
described in subparagraph (B) to the Attorney General.
(E) Definition
In this paragraph, the term "appropriate congressional
committees" means the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate and the Committee
on the Judiciary and the Committee on International Relations
of the House of Representatives.
(d) Authority
Notwithstanding any other provision of this section, the Attorney
General, in consultation with the Secretary of State, may for any
reason (including national security) refrain from waiving the visa
requirement in respect to nationals of any country which may
otherwise qualify for designation or may, at any time, rescind any
waiver or designation previously granted under this section.
(e) Carrier agreements
(1) In general
The agreement referred to in subsection (a)(4) of this section
is an agreement between a carrier (including any carrier
conducting operations under part 135 of title 14, Code of Federal
Regulations) or a domestic corporation conducting operations
under part 91 of that title and the Attorney General under which
the carrier (including any carrier conducting operations under
part 135 of title 14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that title
agrees, in consideration of the waiver of the visa requirement
with respect to a nonimmigrant visitor under the program -
(A) to indemnify the United States against any costs for the
transportation of the alien from the United States if the
visitor is refused admission to the United States or remains in
the United States unlawfully after the 90-day period described
in subsection (a)(1)(A) of this section,
(B) to submit daily to immigration officers any immigration
forms received with respect to nonimmigrant visitors provided a
waiver under the program,
(C) to be subject to the imposition of fines resulting from
the transporting into the United States of a national of a
designated country without a passport pursuant to regulations
promulgated by the Attorney General, and
(D) to collect, provide, and share passenger data as required
under subsection (h)(1)(B) of this section.
(2) Termination of agreements
The Attorney General may terminate an agreement under paragraph
(1) with five days' notice to the carrier (including any carrier
conducting operations under part 135 of title 14, Code of Federal
Regulations) or a domestic corporation conducting operations
under part 91 of that title for the failure by a carrier
(including any carrier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title to meet the
terms of such agreement.
(3) Business aircraft requirements
(A) In general
For purposes of this section, a domestic corporation
conducting operations under part 91 of title 14, Code of
Federal Regulations (!2) that owns or operates a noncommercial
aircraft is a corporation that is organized under the laws of
any of the States of the United States or the District of
Columbia and is accredited by or a member of a national
organization that sets business aviation standards. The
Attorney General shall prescribe by regulation the provision of
such information as the Attorney General deems necessary to
identify the domestic corporation, its officers, employees,
shareholders, its place of business, and its business
activities.
(B) Collections
In addition to any other fee authorized by law, the Attorney
General is authorized to charge and collect, on a periodic
basis, an amount from each domestic corporation conducting
operations under part 91 of title 14, Code of Federal
Regulations, for nonimmigrant visa waiver admissions on
noncommercial aircraft owned or operated by such domestic
corporation equal to the total amount of fees assessed for
issuance of nonimmigrant visa waiver arrival/departure forms at
land border ports of entry. All fees collected under this
paragraph shall be deposited into the Immigration User Fee
Account established under section 1356(h) of this title.
(f) Duration and termination of designation
(1) In general
(A) Determination and notification of disqualification rate
Upon determination by the Attorney General that a program
country's disqualification rate is 2 percent or more, the
Attorney General shall notify the Secretary of State.
(B) Probationary status
If the program country's disqualification rate is greater
than 2 percent but less than 3.5 percent, the Attorney General
shall place the program country in probationary status for a
period not to exceed 2 full fiscal years following the year in
which the determination under subparagraph (A) is made.
(C) Termination of designation
Subject to paragraph (3), if the program country's
disqualification rate is 3.5 percent or more, the Attorney
General shall terminate the country's designation as a program
country effective at the beginning of the second fiscal year
following the fiscal year in which the determination under
subparagraph (A) is made.
(2) Termination of probationary status
(A) In general
If the Attorney General determines at the end of the
probationary period described in paragraph (1)(B) that the
program country placed in probationary status under such
paragraph has failed to develop a machine-readable passport
program as required by section (!3) (c)(2)(C) of this section,
or has a disqualification rate of 2 percent or more, the
Attorney General shall terminate the designation of the country
as a program country. If the Attorney General determines that
the program country has developed a machine-readable passport
program and has a disqualification rate of less than 2 percent,
the Attorney General shall redesignate the country as a program
country.
(B) Effective date
A termination of the designation of a country under
subparagraph (A) shall take effect on the first day of the
first fiscal year following the fiscal year in which the
determination under such subparagraph is made. Until such date,
nationals of the country shall remain eligible for a waiver
under subsection (a) of this section.
(3) Nonapplicability of certain provisions
Paragraph (1)(C) shall not apply unless the total number of
nationals of a program country described in paragraph (4)(A)
exceeds 100.
(4) "Disqualification rate" defined
For purposes of this subsection, the term "disqualification
rate" means the percentage which -
(A) the total number of nationals of the program country who
were -
(i) denied admission at the time of arrival or withdrew
their application for admission during the most recent fiscal
year for which data are available; and
(ii) admitted as nonimmigrant visitors during such fiscal
year and who violated the terms of such admission; bears to
(B) the total number of nationals of such country who applied
for admission as nonimmigrant visitors during such fiscal year.
(5) Failure to report passport thefts
If the Attorney General and the Secretary of State jointly
determine that the program country is not reporting the theft of
blank passports, as required by subsection (c)(2)(D) of this
section, the Attorney General shall terminate the designation of
the country as a program country.
(g) Visa application sole method to dispute denial of waiver based
on a ground of inadmissibility
In the case of an alien denied a waiver under the program by
reason of a ground of inadmissibility described in section 1182(a)
of this title that is discovered at the time of the alien's
application for the waiver or through the use of an automated
electronic database required under subsection (a)(9) of this
section, the alien may apply for a visa at an appropriate consular
office outside the United States. There shall be no other means of
administrative or judicial review of such a denial, and no court or
person otherwise shall have jurisdiction to consider any claim
attacking the validity of such a denial.
(h) Use of information technology systems
(1) Automated entry-exit control system
(A) System
Not later than October 1, 2001, the Attorney General shall
develop and implement a fully automated entry and exit control
system that will collect a record of arrival and departure for
every alien who arrives and departs by sea or air at a port of
entry into the United States and is provided a waiver under the
program.
(B) Requirements
The system under subparagraph (A) shall satisfy the following
requirements:
(i) Data collection by carriers
Not later than October 1, 2001, the records of arrival and
departure described in subparagraph (A) shall be based, to
the maximum extent practicable, on passenger data collected
and electronically transmitted to the automated entry and
exit control system by each carrier that has an agreement
under subsection (a)(4) of this section.
(ii) Data provision by carriers
Not later than October 1, 2002, no waiver may be provided
under this section to an alien arriving by sea or air at a
port of entry into the United States on a carrier unless the
carrier is electronically transmitting to the automated entry
and exit control system passenger data determined by the
Attorney General to be sufficient to permit the Attorney
General to carry out this paragraph.
(iii) Calculation
The system shall contain sufficient data to permit the
Attorney General to calculate, for each program country and
each fiscal year, the portion of nationals of that country
who are described in subparagraph (A) and for whom no record
of departure exists, expressed as a percentage of the total
number of such nationals who are so described.
(C) Reporting
(i) Percentage of nationals lacking departure record
As part of the annual report required to be submitted under
section 1365a(e)(1) of this title, the Attorney General shall
include a section containing the calculation described in
subparagraph (B)(iii) for each program country for the
previous fiscal year, together with an analysis of that
information.
(ii) System effectiveness
Not later than December 31, 2004, the Attorney General
shall submit a written report to the Committee on the
Judiciary of the United States House of Representatives and
of the Senate containing the following:
(I) The conclusions of the Attorney General regarding the
effectiveness of the automated entry and exit control
system to be developed and implemented under this
paragraph.
(II) The recommendations of the Attorney General
regarding the use of the calculation described in
subparagraph (B)(iii) as a basis for evaluating whether to
terminate or continue the designation of a country as a
program country.
The report required by this clause may be combined with the
annual report required to be submitted on that date under
section 1365a(e)(1) of this title.
(2) Automated data sharing system
(A) System
The Attorney General and the Secretary of State shall develop
and implement an automated data sharing system that will permit
them to share data in electronic form from their respective
records systems regarding the admissibility of aliens who are
nationals of a program country.
(B) Requirements
The system under subparagraph (A) shall satisfy the following
requirements:
(i) Supplying information to immigration officers conducting
inspections at ports of entry
Not later than October 1, 2002, the system shall enable
immigration officers conducting inspections at ports of entry
under section 1225 of this title to obtain from the system,
with respect to aliens seeking a waiver under the program -
(I) any photograph of the alien that may be contained in
the records of the Department of State or the Service; and
(II) information on whether the alien has ever been
determined to be ineligible to receive a visa or ineligible
to be admitted to the United States.
(ii) Supplying photographs of inadmissible aliens
The system shall permit the Attorney General electronically
to obtain any photograph contained in the records of the
Secretary of State pertaining to an alien who is a national
of a program country and has been determined to be ineligible
to receive a visa.
(iii) Maintaining records on applications for admission
The system shall maintain, for a minimum of 10 years,
information about each application for admission made by an
alien seeking a waiver under the program, including the
following:
(I) The name or Service identification number of each
immigration officer conducting the inspection of the alien
at the port of entry.
(II) Any information described in clause (i) that is
obtained from the system by any such officer.
(III) The results of the application.

AMENDMENTS
2002 - Subsec. (c)(2)(D). Pub. L. 107-173, Sec. 307(a)(1), added
subpar. (D).
Subsec. (c)(5)(A)(i). Pub. L. 107-173, Sec. 307(a)(2),
substituted "2 years" for "5 years" in introductory provisions.
Subsec. (f)(5). Pub. L. 107-173, Sec. 307(a)(3), added par. (5).
2001 - Subsec. (a)(3). Pub. L. 107-56, Sec. 417(d), which
directed the substitution of "(A) In general. - Except as provided
in subparagraph (B), on or after" for "On or after" and the
addition of subpar. (B), was executed making the substitution for
"On and after" and adding subpar. (B) to reflect the probable
intent of Congress.
Pub. L. 107-56, Sec. 417(c), substituted "2003," for "2007,".
2000 - Pub. L. 106-396, Sec. 101(a)(1), in section catchline
struck out "pilot" before "program".
Subsec. (a). Pub. L. 106-396, Secs. 101(a)(2)(A), (B), 403(c),
struck out "pilot" before "program" in heading and two places in
introductory provisions and inserted concluding provisions.
Subsec. (a)(1). Pub. L. 106-396, Sec. 101(a)(2)(C), substituted
"program" for "pilot program period (as defined in subsection (e)
of this section)".
Subsec. (a)(2). Pub. L. 106-396, Sec. 101(a)(2)(D), in heading
struck out "pilot" before "program".
Subsec. (a)(2)(A). Pub. L. 106-396, Sec. 201, inserted ", either
on its own or in conjunction with one or more other countries that
are described in subparagraph (B) and that have established with it
a common area for immigration admissions," after "to extend)".
Subsec. (a)(3), (4). Pub. L. 106-396, Sec. 202(a), added par. (3)
and redesignated former par. (3) as (4). Former par. (4)
redesignated (5).
Subsec. (a)(5). Pub. L. 106-396, Sec. 403(a), substituted ",
including any carrier conducting operations under part 135 of title
14, Code of Federal Regulations, or a noncommercial aircraft that
is owned or operated by a domestic corporation conducting
operations under part 91 of title 14, Code of Federal Regulations
which has entered into an agreement with the Attorney General
pursuant to subsection (e) of this section. The Attorney General is
authorized to require a carrier conducting operations under part
135 of title 14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that title, to
give suitable and proper bond, in such reasonable amount and
containing such conditions as the Attorney General may deem
sufficient to ensure compliance with the indemnification
requirements of this section, as a term of such an agreement" for
"which has entered into an agreement with the Service to guarantee
transport of the alien out of the United States if the alien is
found inadmissible or deportable by an immigration officer".
Pub. L. 106-396, Sec. 202(a)(1), redesignated par. (4) as (5).
Former par. (5) redesignated (6).
Subsec. (a)(6), (7). Pub. L. 106-396, Sec. 202(a)(1), designated
pars. (5) and (6) as (6) and (7), respectively. Former par. (7)
redesignated (8).
Subsec. (a)(8). Pub. L. 106-396, Sec. 403(b), inserted "or the
alien is arriving at the port of entry on an aircraft operated
under part 135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a domestic
corporation conducting operations under part 91 of title 14, Code
of Federal Regulations" after "regulations".
Pub. L. 106-396, Sec. 202(a)(1), designated par. (7) as (8).
Subsec. (a)(9). Pub. L. 106-396, Sec. 203(a), added par. (9).
Subsec. (b). Pub. L. 106-396, Sec. 101(a)(3), struck out "pilot"
before "program" in introductory provisions.
Subsec. (c). Pub. L. 106-396, Sec. 101(a)(4)(A), in heading
struck out "pilot" before "program".
Subsec. (c)(1). Pub. L. 106-396, Sec. 101(a)(4)(B), struck out
"pilot" before "program".
Subsec. (c)(2). Pub. L. 106-396, Sec. 101(a)(4)(C), in
introductory provisions, substituted "subsection (f)" for
"subsection (g)" and struck out "pilot" before "program".
Subsec. (c)(2)(B). Pub. L. 106-396, Sec. 202(b), amended heading
and text of subpar. (B) generally. Prior to amendment, text read as
follows: "The government of the country certifies that it has or is
in the process of developing a program to issue machine-readable
passports to its citizens."
Subsec. (c)(2)(C). Pub. L. 106-396, Sec. 204(a), amended heading
and text of subpar. (C) generally. Prior to amendment, text read as
follows: "The Attorney General determines that the United States
law enforcement interests would not be compromised by the
designation of the country."
Subsec. (c)(3). Pub. L. 106-396, Sec. 101(a)(4)(D)(i), struck out
"(within the pilot program period)" after "fiscal year" in
introductory provisions.
Subsec. (c)(3)(A). Pub. L. 106-396, Sec. 101(a)(4)(D)(ii), struck
out "pilot" before "program" in two places in introductory
provisions.
Subsec. (c)(3)(B). Pub. L. 106-396, Sec. 101(a)(4)(D)(iii),
struck out "pilot" before "program" in introductory provisions.
Subsec. (c)(5). Pub. L. 106-396, Sec. 204(b), added par. (5).
Subsec. (c)(6). Pub. L. 106-396, Sec. 206, added par. (6).
Subsec. (c)(7). Pub. L. 106-396, Sec. 207, added par. (7).
Subsec. (e)(1). Pub. L. 106-396, Secs. 101(a)(5)(A),
403(d)(1)(A), in introductory provisions, substituted "carrier
(including any carrier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title" for "carrier" in
two places and struck out "pilot" before "program".
Subsec. (e)(1)(B). Pub. L. 106-396, Sec. 101(a)(5)(B), struck out
"pilot" before "program".
Subsec. (e)(1)(D). Pub. L. 106-396, Sec. 205(b), added subpar.
(D).
Subsec. (e)(2). Pub. L. 106-396, Sec. 403(d)(1), substituted
"carrier (including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that title" for
"carrier" and "failure by a carrier (including any carrier
conducting operations under part 135 of title 14, Code of Federal
Regulations) or a domestic corporation conducting operations under
part 91 of that title" for "carrier's failure".
Subsec. (e)(3). Pub. L. 106-396, Sec. 403(d)(2), added par. (3).
Subsec. (f). Pub. L. 106-396, Sec. 101(a)(6), redesignated
subsec. (g) as (f) and struck out heading and text of former
subsec. (f). Text read as follows: "For purposes of this section,
the term 'pilot program period' means the period beginning on
October 1, 1988, and ending on April 30, 2000."
Subsec. (f)(1)(A), (C). Pub. L. 106-396, Sec. 101(a)(7)(A), (B),
struck out "pilot" before "program".
Subsec. (f)(2) to (4). Pub. L. 106-396, Sec. 101(a)(7)(C)-(E),
substituted "as a program country" for "as a pilot program country"
in two places in par. (2)(A) and struck out "pilot" before
"program" in pars. (3) and (4)(A).
Subsec. (g). Pub. L. 106-396, Sec. 203(b), added subsec. (g).
Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 106-396, Sec. 205(a), added subsec. (h).
1998 - Subsec. (c)(2). Pub. L. 105-173, Sec. 3, reenacted heading
without change and amended text generally. Prior to amendment, text
consisted of introductory provisions and subpars. (A) to (D)
relating to low nonimmigrant visa refusal rate for previous 2-year
period, low nonimmigrant visa refusal rate for each of 2 previous
years, machine readable passport program, and law enforcement
interests.
Subsec. (f). Pub. L. 105-173, Sec. 1, substituted "2000" for
"1998".
1997 - Subsec. (f). Pub. L. 105-119 reenacted subsec. heading
without change and amended text generally, substituting "April 30,
1998" for "September 30, 1997".
1996 - Subsec. (a). Pub. L. 104-208, Sec. 635(a)(1), in
introductory provisions, substituted "Attorney General, in
consultation with the Secretary of State" for "Attorney General and
the Secretary of State, acting jointly".
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 635(c)(3), struck out
"or is designated as a pilot program country with probationary
status under subsection (g) of this section" after "subsection (c)
of this section".
Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(9), substituted
"removal of" for "deportation against".
Subsec. (c)(1). Pub. L. 104-208, Sec. 635(a)(2), substituted
"Attorney General, in consultation with the Secretary of State,"
for "Attorney General and the Secretary of State acting jointly".
Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
substituted "denied admission at the time of arrival" for "excluded
from admission".
Subsec. (d). Pub. L. 104-208, Sec. 635(a)(3), substituted
"Attorney General, in consultation with the Secretary of State" for
"Attorney General and the Secretary of State, acting jointly".
Subsec. (f). Pub. L. 104-208, Sec. 635(b), substituted "1997."
for "1996".
Subsec. (g). Pub. L. 104-208, Sec. 635(c)(1), amended heading and
text of subsec. (g) generally. Prior to amendment, text provided
authority for Attorney General and Secretary of State to designate
countries as pilot program countries with probationary status.
Subsec. (g)(4)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
substituted "denied admission at the time of arrival" for "excluded
from admission".
1994 - Subsec. (a)(2)(B). Pub. L. 103-416, Sec. 211(1), inserted
before period at end "or is designated as a pilot program country
with probationary status under subsection (g) of this section".
Subsec. (c)(2). Pub. L. 103-416, Sec. 211(3), substituted "Except
as provided in subsection (g)(4) of this section, a country" for "A
country".
Subsec. (f). Pub. L. 103-416, Sec. 210, substituted "1996" for
"1995.".
Pub. L. 103-415 substituted "1995" for "1994".
Subsec. (g). Pub. L. 103-416, Sec. 211(2), added subsec. (g).
1991 - Subsec. (a). Pub. L. 102-232, Sec. 307(l)(3), substituted
"paragraph (7)(B)(i)(II)" for "paragraph (26)(B)".
Subsec. (a)(4). Pub. L. 102-232, Sec. 303(a)(1)(A), in heading
substituted "into the United States" for "by sea or air".
Subsec. (b). Pub. L. 102-232, Sec. 303(a)(1)(B), made technical
amendment to heading.
Subsec. (e)(1). Pub. L. 102-232, Sec. 303(a)(2), substituted
"subsection (a)(4)" for "subsection (a)(4)(C)".
1990 - Subsec. (a)(2). Pub. L. 101-649, Sec. 201(a)(1), inserted
", and presents a passport issued by," after "is a national of".
Subsec. (a)(3). Pub. L. 101-649, Sec. 201(a)(2), in heading
substituted reference to immigration forms for reference to entry
control and waiver forms, and in text substituted "completes such
immigration form as the Attorney General shall establish" for " -
"(A) completes such immigration form as the Attorney General
shall establish under subsection (b)(3) of this section, and
"(B) executes a waiver of review and appeal described in
subsection (b)(4) of this section".
Subsec. (a)(4). Pub. L. 101-649, Sec. 201(a)(3), added par. (4)
and struck out former par. (4) which waived visa requirement for
certain aliens having round-trip transportation tickets.
Subsec. (a)(7). Pub. L. 101-649, Sec. 201(a)(4), added par. (7).
Subsec. (b). Pub. L. 101-649, Sec. 201(a)(5), redesignated
subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1)
and (2), respectively, and struck out subsec. (b) heading
"Conditions before pilot program can be put into operation" and
pars. (1) to (3) which related to prior notice to Congress,
automated data arrival and departure system, and visa waiver
information form, respectively.
Subsec. (c)(1). Pub. L. 101-649, Sec. 201(a)(6)(A), substituted
in heading, "In general" for "Up to 8 countries" and in text
substituted "any country as a pilot program country if it meets the
requirements of paragraph (2)" for "up to eight countries as pilot
program countries for purposes of the pilot program".
Subsec. (c)(2). Pub. L. 101-649, Sec. 201(a)(6)(B), substituted
"Qualifications" for "Initial qualifications" in heading and "A
country" for "For the initial period described in paragraph (4), a
country" in introductory provisions, and added subpars. (C) and
(D).
Subsec. (d). Pub. L. 101-649, Sec. 201(a)(7), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101-649, Sec. 201(a)(7), (8), redesignated
subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-649, Sec. 201(a)(7), (9), redesignated
subsec. (e) as (f) and substituted "on October 1, 1988, and ending
on September 30, 1994" for "at the end of the 30-day period
referred to in subsection (b)(1) of this section and ending on the
last day of the third fiscal year which begins after such 30-day
period".
1988 - Pub. L. 100-525, Sec. 2(p)(1), made technical amendment to
directory language of Pub. L. 99-603, Sec. 313(a), which enacted
this section.
Subsec. (a). Pub. L. 100-525, Sec. 2(p)(2), substituted
"hereinafter" for "hereafter".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(F), (e)(9) 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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 303(a)(1), (2) of Pub. L. 102-232 effective
as if included in the enactment of the Immigration Act of 1990,
Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as
a note under section 1101 of this title.
Section 307(l) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 603(a)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 201(d) of Pub. L. 101-649 provided that: "The amendments
made by this section [amending this section and section 1323 of
this title] shall take effect as of the date of the enactment of
this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1988 AMENDMENT
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 a note
under section 1101 of this title.

MACHINE READABLE PASSPORTS
Pub. L. 107-56, title IV, Sec. 417(a), (b), Oct. 26, 2001, 115
Stat. 355, provided that:
"(a) Audits. - The Secretary of State shall, each fiscal year
until September 30, 2007 -
"(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
"(2) check for the implementation of precautionary measures to
prevent the counterfeiting and theft of passports; and
"(3) ascertain that countries designated under the visa waiver
program have established a program to develop tamper-resistant
passports.
"(b) Periodic Reports. - Beginning one year after the date of
enactment of this Act [Oct. 26, 2001], and every year thereafter
until 2007, the Secretary of State shall submit a report to
Congress setting forth the findings of the most recent audit
conducted under subsection (a)(1)."
REPORT REQUIRED
Pub. L. 106-396, title IV, Sec. 403(e), Oct. 30, 2000, 114 Stat.
1649, provided that: "Not later than two years after the date of
the enactment of this Act [Oct. 30, 2000], the Attorney General
shall submit a report to the Committees on the Judiciary of the
House of Representatives and the Senate assessing the effectiveness
of the program implemented under the amendments made by this
section [amending this section] for simplifying the admission of
business travelers from visa waiver program countries and
compliance with the Immigration and Nationality Act [8 U.S.C. 1101
et seq.] by such travelers under that program."
TRANSITION PROVISIONS
Section 635(c)(2) of div. C of Pub. L. 104-208 provided that: "A
country designated as a pilot program country with probationary
status under section 217(g) of the Immigration and Nationality Act
[8 U.S.C. 1187(g)] (as in effect on the day before the date of the
enactment of this Act [Sept. 30, 1996]) shall be considered to be
designated as a pilot program country on and after such date,
subject to placement in probationary status or termination of such
designation under such section (as amended by paragraph (1))."
OPERATION OF AUTOMATED DATA ARRIVAL AND DEPARTURE CONTROL SYSTEM;
REPORT TO CONGRESS
Section 201(c) of Pub. L. 101-649 provided that: "By not later
than January 1, 1992, the Attorney General, in consultation with
the Secretary of State, shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report on the operation of the automated data arrival and departure
control system for foreign visitors and on admission refusals and
overstays for such visitors who have entered under the visa waiver
program."
REPORT ON VISA WAIVER PILOT PROGRAM
Section 405 of Pub. L. 99-603 provided that:
"(a) Monitoring and Report on the Pilot Program. - The Attorney
General and the Secretary of State shall jointly monitor the pilot
program established under section 217 of the Immigration and
Nationality Act [8 U.S.C. 1187] and shall report to the Congress
not later than two years after the beginning of the program.
"(b) Details in Report. - The report shall include -
"(1) an evaluation of the program, including its impact -
"(A) on the control of alien visitors to the United States,
"(B) on consular operations in the countries designated under
the program, as well as on consular operations in other
countries in which additional consular personnel have been
relocated as a result of the implementation of the program, and
"(C) on the United States tourism industry; and
"(2) recommendations -
"(A) on extending the pilot program period, and
"(B) on increasing the number of countries that may be
designated under the program."

Last modified: June 14, 2006

Court Opinions

State Laws

US Code

US Constitution

Aliens and Nationality - 8 USC Section 1187

Sponsored Links