I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/12/93 at 00:50:07. Database: USCODE Search: (8:CITE) ------DocID 11472 Document 1 of 470------ -CITE- 8 USC TITLE 8 -EXPCITE- TITLE 8 -HEAD- TITLE 8 - ALIENS AND NATIONALITY -MISC1- Chap. Sec. 1. General Provisions (Repealed or Omitted) 1 2. Elective Franchise (Transferred) 31 3. Civil Rights (Transferred or Repealed) 41 4. Freedmen (Omitted) 61 5. Alien Ownership of Land (Transferred or Omitted) 71 6. Immigration (Transferred, Omitted, or Repealed) 100 7. Exclusion of Chinese (Omitted or Repealed) 261 8. The Cooly Trade (Repealed) 331 9. Miscellaneous Provisions (Repealed or Transferred) 351 10. Alien Registration (Repealed) 451 11. Nationality (Repealed or Transferred) 501 12. Immigration and Nationality 1101 13. Immigration and Naturalization Service 1551 -CROSS- CROSS REFERENCES Enemy aliens, see section 21 et seq. of Title 50, War and National Defense. ------DocID 11532 Document 2 of 470------ -CITE- 8 USC CHAPTER 8 -EXPCITE- TITLE 8 CHAPTER 8 -HEAD- CHAPTER 8 - THE COOLY TRADE ------DocID 7117 Document 3 of 470------ -CITE- 2 USC Sec. 61f-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of Senate of individual consultants or organizations, and department and agency personnel -STATUTE- For each fiscal year (beginning with the fiscal year which ends September 30, 1982), the Sergeant at Arms and Doorkeeper of the Senate is hereby authorized to expend from the account for the Sergeant at Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed $300,000: (1) the procurement of the services, on a temporary basis, of individual consultants, or organizations thereof, with the prior consent of the Committee on Rules and Administration; such services may be procured by contract with the providers acting as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising; and (2) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, use on a reimbursable basis (with reimbursement payable at the end of each calendar quarter for services rendered during such quarter) of the services of personnel of any such department or agency. Payments made under this section shall be made upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. -SOURCE- (Pub. L. 97-51, Sec. 117, Oct. 1, 1981, 95 Stat. 964; Pub. L. 97-257, title I, Sec. 103, Sept. 10, 1982, 96 Stat. 849; Pub. L. 98-367, title I, Sec. 7, July 17, 1984, 98 Stat. 475; Pub. L. 100-458, title I, Sec. 7, Oct. 1, 1988, 102 Stat. 2162.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-458 substituted 'from the account for the Sergeant at Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed $300,000:' for 'from the contingent fund of the Senate an amount not to exceed $210,000 for:'. 1984 - Pub. L. 98-367 substituted '$210,000' for '$60,000'. 1982 - Par. (1). Pub. L. 97-257 substituted 'the procurement of the services, on a temporary basis, of individual consultants, or organizations thereof, with the prior consent of the Committee on Rules and Administration; such services may be procured by contract with the providers acting as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising; and' for 'the procurement of individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate with the prior consent of the Committee on Rules and Administration; and'. ------DocID 7126 Document 4 of 470------ -CITE- 2 USC Sec. 61g-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-8. Utilization of funds for specialized training of professional staff for Majority and Minority Conference Committee of Senate -STATUTE- Funds appropriated to the Conference of the Majority and funds appropriated to the Conference of the Minority for any fiscal year (commencing with the fiscal year ending September 30, 1991), may be utilized in such amounts as the Chairman of each Conference deems appropriate for the specialized training of professional staff, subject to such limitations, insofar as they are applicable, as are imposed by the Committee on Rules and Administration with respect to such training when provided to professional staff of standing committees of the Senate. -SOURCE- (Pub. L. 101-520, title I, Sec. 2, Nov. 5, 1990, 104 Stat. 2257.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. -MISC3- SIMILAR PROVISIONS Provisions relating to utilization of funds for specific fiscal year for specialized training of professional staff for Majority and Minority Conference Committee of Senate were contained in the following appropriation acts: Pub. L. 101-163, title I, Sec. 2, Nov. 21, 1989, 103 Stat. 1044. Pub. L. 100-458, title I, Sec. 2, Oct. 1, 1988, 102 Stat. 2161. Pub. L. 100-202, Sec. 101(i) (title I), Dec. 22, 1987, 101 Stat. 1329-290, 1329-292. ------DocID 7465 Document 5 of 470------ -CITE- 2 USC CHAPTER 8 -EXPCITE- TITLE 2 CHAPTER 8 -HEAD- CHAPTER 8 - FEDERAL CORRUPT PRACTICES ------DocID 7772 Document 6 of 470------ -CITE- 3 USC Sec. 8 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 8. Manner of voting -STATUTE- The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674.) ------DocID 8876 Document 7 of 470------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 8 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 8. Responsibilities of agency heads; Advisory Committee Management Officer, designation -STATUTE- (a) Each agency head shall establish uniform administrative guidelines and management controls for advisory committees established by that agency, which shall be consistent with directives of the Administrator under section 7 and section 10. Each agency shall maintain systematic information on the nature, functions, and operations of each advisory committee within its jurisdiction. (b) The head of each agency which has an advisory committee shall designate an Advisory Committee Management Officer who shall - (1) exercise control and supervision over the establishment, procedures, and accomplishments of advisory committees established by that agency; (2) assemble and maintain the reports, records, and other papers of any such committee during its existence; and (3) carry out, on behalf of that agency, the provisions of section 552 of title 5, United States Code, with respect to such reports, records, and other papers. -SOURCE- (Pub. L. 92-463, Sec. 8, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg. Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.) -TRANS- TRANSFER OF FUNCTIONS 'Administrator', meaning Administrator of General Services, substituted for 'Director', meaning Director of Office of Management and Budget, in subsec. (a) pursuant to Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix, which transferred functions of Office of Management and Budget and Director thereof relating to Committee Management Secretariat to Administrator of General Services, effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this Act in this Appendix. ------DocID 8892 Document 8 of 470------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 8. Additional provisions with respect to the Inspector General of the Department of Defense -STATUTE- (a) No member of the Armed Forces, active or reserve, shall be appointed Inspector General of the Department of Defense. (b)(1) Notwithstanding the last two sentences of section 3(a), the Inspector General shall be under the authority, direction, and control of the Secretary of Defense with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning - (A) sensitive operational plans; (B) intelligence matters; (C) counterintelligence matters; (D) ongoing criminal investigations by other administrative units of the Department of Defense related to national security; or (E) other matters the disclosure of which would constitute a serious threat to national security. (2) With respect to the information described in paragraph (1) the Secretary of Defense may prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out or complete such audit or investigation or to issue such subpoena, if the Secretary determines that such prohibition is necessary to preserve the national security interests of the United States. (3) If the Secretary of Defense exercises any power under paragraph (1) or (2), the Inspector General shall submit a statement concerning such exercise within thirty days to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees of the Congress. (4) The Secretary shall, within thirty days after submission of a statement under paragraph (3), transmit a statement of the reasons for the exercise of power under paragraph (1) or (2) to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees. (c) In addition to the other duties and responsibilities specified in this Act, the Inspector General of the Department of Defense shall - (1) be the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department; (2) initiate, conduct, and supervise such audits and investigations in the Department of Defense (including the military departments) as the Inspector General considers appropriate; (3) provide policy direction for audits and investigations relating to fraud, waste, and abuse and program effectiveness; (4) investigate fraud, waste, and abuse uncovered as a result of other contract and internal audits, as the Inspector General considers appropriate; (5) develop policy, monitor and evaluate program performance, and provide guidance with respect to all Department activities relating to criminal investigation programs; (6) monitor and evaluate the adherence of Department auditors to internal audit, contract audit, and internal review principles, policies, and procedures; (7) develop policy, evaluate program performance, and monitor actions taken by all components of the Department in response to contract audits, internal audits, internal review reports, and audits conducted by the Comptroller General of the United States; (8) request assistance as needed from other audit, inspection, and investigative units of the Department of Defense (including military departments); and (9) give particular regard to the activities of the internal audit, inspection, and investigative units of the military departments with a view toward avoiding duplication and insuring effective coordination and cooperation. (d) Notwithstanding section 4(d), the Inspector General of the Department of Defense shall expeditiously report suspected or alleged violations of chapter 47 of title 10, United States Code (Uniform Code of Military Justice), to the Secretary of the military department concerned or the Secretary of Defense. (e) For the purposes of section 7, a member of the Armed Forces shall be deemed to be an employee of the Department of Defense, except that, when the Coast Guard operates as a service of another department or agency of the Federal Government, a member of the Coast Guard shall be deemed to be an employee of such department or agency. (f)(1) Each semiannual report prepared by the Inspector General of the Department of Defense under section 5(a) shall include information concerning the numbers and types of contract audits conducted by the Department during the reporting period. Each such report shall be transmitted by the Secretary of Defense to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees of the Congress. (2) Any report required to be transmitted by the Secretary of Defense to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the seven-day period specified in such section, to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives. (g) The provisions of section 1385 of title 18, United States Code, shall not apply to audits and investigations conducted by, under the direction of, or at the request of the Inspector General of the Department of Defense to carry out the purposes of this Act. -SOURCE- (Pub. L. 95-452, Sec. 8, Oct. 12, 1978, 92 Stat. 1105; Pub. L. 97-252, title XI, Sec. 1117(b), Sept. 8, 1982, 96 Stat. 751; Pub. L. 100-504, title I, Sec. 110(b), Oct. 18, 1988, 102 Stat. 2529.) -MISC1- AMENDMENTS 1988 - Subsec. (e). Pub. L. 100-504 inserted provision at end that when Coast Guard operates as service of another department or agency of Federal Government, member of Coast Guard shall be deemed employee of such department or agency. 1982 - Pub. L. 97-252 amended section generally, substituting additional provisions relating to the Inspector General of the Department of Defense for provisions relating to semiannual reports of Secretary of Defense on audit, investigative, and inspection units of Defense Department, availability of such reports to the public, exclusion of national security material, delegation of the Secretary's duties, submittal of proposed legislation, the establishment of a task force to study operation of audit, investigative and inspection units, membership in the task force, and the submission of a comprehensive report by the task force to the Secretary of Defense and Director of Office of Management and Budget, who were to submit a final report to Congress not later than April 1, 1980. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 in this Appendix. ------DocID 8953 Document 9 of 470------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 8 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 8 OF 1949 -MISC1- Reorganization Plan No. 8 of 1949, which proposed reorganization of the National Military Establishment into a Department of Defense, was submitted to Congress on July 18, 1949, and was disapproved by act Aug. 10, 1949, ch. 412, Sec. 12(i), 63 Stat. 592. ------DocID 8961 Document 10 of 470------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 8 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 8 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1264 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). FEDERAL TRADE COMMISSION SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN (a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Trade Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of this reorganization plan. SEC. 3. DESIGNATION OF CHAIRMAN The functions of the Commission with respect to choosing a Chairman from among the membership of the Commission are hereby transferred to the President. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 8 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Federal Trade Commission. My reasons for transmitting this plan are stated in any accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 8 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable. Harry S. Truman. The White House, March 13, 1950. ------DocID 8990 Document 11 of 470------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 8 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 8 OF 1953 -MISC1- EFF. AUG. 1, 1953, 18 F.R. 4542, 67 STAT. 642, AS AMENDED ACT JUNE 28, 1955, CH. 189, SEC. 12(C)(21), 69 STAT. 183; REORG. PLAN NO. 2 OF 1977, SEC. 9(B), EFF. OCT. 11, 1977, 42 F.R. 62461, 91 STAT. 1639 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 1, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). UNITED STATES INFORMATION AGENCY SECTION 1. ESTABLISHMENT OF AGENCY (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Section was amended by act June 28, 1955, ch. 189, Sec. 12(c)(21), 69 Stat. 183 and related to the establishment of the United States Information Agency.) SEC. 2. TRANSFER OF FUNCTIONS (a) Subject to subsection (c) of this section, there are hereby transferred to the Director (1) the functions vested in the Secretary of State by Title V of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1461, 1462), and so much of functions with respect to the interchange of books and periodicals and aid to libraries and community centers under sections 202 and 203 of the said Act (22 U.S.C. 1447, 1448) as is an integral part of information programs under that Act (22 U.S.C. 1431-1479), together with so much of the functions vested in the Secretary of State by other provisions of the said Act (22 U.S.C. 1431 to 1479) as is incidental to or is necessary for the performance of the functions under Title V and sections 202 and 203 transferred by this section, and (2) (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Paragraph related to functions of the Secretary of State with respect to information programs relating to Germany and Austria.) (b) (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Subsection related to the transfer to the Director of functions vested in the Director for Mutual Security by the Mutual Security Act of 1951, as amended, act Oct. 10, 1951, ch. 479, 65 Stat. 373, which related to foreign information programs, as provided for in 22 U.S.C. 1652. (c)(1) The Secretary of State shall direct the policy and control the content of a program, for use abroad, on official United States positions, including interpretations of current events, identified as official positions by an exclusive descriptive label. (2) The Secretary of State shall continue to provide to the Director on a current basis full guidance concerning the foreign policy of the United States. (3) (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Paragraph provided that nothing in subsec. (c) of this section was to affect the functions of the Secretary of State with respect to conducting negotiations with other governments.) (d) To the extent the President deems it necessary in order to carry out the functions transferred by the foregoing provisions of this section, he may authorize the Director to exercise, in relation to the respective functions so transferred, any authority or part thereof available by law, including appropriation acts, to the Secretary of State, the Director for Mutual Security, or the Director of the Foreign Operations Administration, in respect of the said transferred functions. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Section related to the performance of transferred functions.) SEC. 4. INCIDENTAL TRANSFERS (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Section related to incidental transfers.) SEC. 5. INTERIM PROVISIONS (Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Section related to interim provisions.) (The United States Information Agency was abolished and replaced by the International Communication Agency pursuant to Reorg. Plan No. 2 of 1977, 42 F.R. 62461, 91 Stat. 1636, effective on or before July 1, 1978, at such time as specified by the President. The International Communication Agency was redesignated the United States Information Agency by section 303 of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under 22 U.S.C. 1461.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 8 of 1953, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for the reorganization of foreign information functions. My reasons for proposing this plan are stated in another message transmitted to the Congress today. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 8 of 1953 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers in the executive branch of the Government. I expect that the improved organizational arrangement provided for in Reorganization Plan No. 8 of 1953 will lead to substantial economies and significantly improved effectiveness of administration. It is not practicable, however, to itemize at this time the reductions in expenditures which will probably be brought about by the taking effect of the reorganizations included in the reorganization plan. Dwight D. Eisenhower. The White House, June 1, 1953. ------DocID 9076 Document 12 of 470------ -CITE- 7 USC Sec. 8 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 8. Application for designation as 'contract market'; time; suspension or revocation of designation; hearing; review by court of appeals -STATUTE- Any board of trade desiring to be designated a 'contract market' shall make application to the Commission for such designation and accompany the same with a showing that it complies with the conditions of section 7 of this title, and with a sufficient assurance that it will continue to comply with the requirements of such section 7. The Commission shall approve or deny an application for designation as a contract market within one year of the filing of the application. If the Commission notifies the board of trade that its application is materially incomplete and specifies the deficiencies in the application, the running of the one-year period shall be stayed from the time of such notification until the application is resubmitted in completed form: Provided, That the Commission shall have not less than sixty days to approve or deny the application from the time the application is resubmitted in completed form. If the Commission denies an application, it shall specify the grounds for the denial. In the event of a refusal to designate as a 'contract market' any board of trade that has made application therefor, such board of trade shall be afforded an opportunity for a hearing on the record before the Commission, with the right to appeal an adverse decision after such hearing to the court of appeals as provided for in other cases in paragraph (a) of this section. (a) The Commission is authorized to suspend for a period not to exceed six months or to revoke the designation of any board of trade as a 'contract market' upon a showing that such board of trade is not enforcing or has not enforced its rules of government made a condition of its designation as set forth in section 7 of this title or that such board of trade, or any director, officer, agent, or employee thereof, otherwise is violating or has violated any of the provisions of this chapter or any of the rules, regulations, or orders of the Commission thereunder. Such suspension or revocation shall only be after a notice to the officers of the board of trade affected and upon a hearing on the record: Provided, That such suspension or revocation shall be final and conclusive, unless within fifteen days after such suspension or revocation by the Commission such board of trade appeals to the court of appeals for the circuit in which it has its principal place of business, by filing with the clerk of such court a written petition praying that the order of the Commission be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such board of trade will pay the costs of the proceedings if the court so directs. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Commission and file in the court the record in such proceedings, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Commission, duly filed as aforesaid as a part of the record, shall be considered by the court of appeals as the evidence in the case. Such a court may affirm or set aside the order of the Commission or may direct it to modify its order. No such order of the Commission shall be modified or set aside by the court of appeals unless it is shown by the board of trade that the order is unsupported by the weight of the evidence or was issued without due notice and a reasonable opportunity having been afforded to such board of trade for a hearing, or infringes the Constitution of the United States, or is beyond the jurisdiction of the Commission. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 6(a), 42 Stat. 1001; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Aug. 28, 1958, Pub. L. 85-791, Sec. 7(a), 72 Stat. 944; Feb. 19, 1968, Pub. L. 90-258, Sec. 14, 15, 82 Stat. 30; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a)-(c), 88 Stat. 1392; Sept. 30, 1978, Pub. L. 95-405, Sec. 13(1), (2), 92 Stat. 871; Jan. 11, 1983, Pub. L. 97-444, title II, Sec. 218, 96 Stat. 2308; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 402(3), 98 Stat. 3357.) -COD- CODIFICATION Section is composed of first par. and par. (a) of section 6 of act Sept. 21, 1922. Par. (b) of such section 6 is classified to sections 9 and 15 of this title. Pars. (c) and (d) of section 6 of act Sept. 21, 1922, are classified to sections 13b and 9a of this title, respectively. -MISC3- AMENDMENTS 1984 - Par. (a). Pub. L. 98-620 struck out provisions requiring proceedings in such cases in the court of appeals to be made a preferred cause and expedited in every way. 1983 - Pub. L. 97-444 required approval or denial of application within one year period of filing of application, stay of such period following notification that application was incomplete and deficient until resubmission of application, minimum period prior to acting upon resubmitted application, and specification of grounds for denial of application. 1978 - Pub. L. 95-405, Sec. 13(1), in provisions before par. (a) inserted 'on the record' after 'opportunity for a hearing'. Par. (a). Pub. L. 95-405, Sec. 13(2), inserted 'on the record' after 'upon a hearing'. 1974 - Pub. L. 93-463, Sec. 103(a), substituted 'Commission' for 'Secretary of Agriculture' in first par. Par. (a). Pub. L. 93-463, Sec. 103(b), (c), substituted 'orders of the Commission thereunder' for 'orders of the Secretary of Agriculture or the Commission thereunder' and struck out 'the Secretary of Agriculture, who shall thereupon notify the other members of' after 'The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to'. 1968 - Pub. L. 90-258, Sec. 14, inserted provision affording any board of trade refused a contract market designation a hearing before the Commission with right to appeal in adverse decision to the court of appeals as provided for in par. (a) of this section at end of first par. Par. (a). Pub. L. 90-258, Sec. 15, struck out such parts both of first sentence and of proviso of last sentence as described the commission as made up of the Secretary of Agriculture, Secretary of Commerce, and Attorney General (covered in definition of 'Commission' in section 2 of this title, including representation of such officials by their designees), extended grounds for suspension or revocation of designation to include violations of any provisions of this chapter or rules, regulations, or orders of the Secretary of Agriculture or commission, required delivery of appeal petitions to Secretary of Agriculture rather than any member of the commission, who would notify the other members, and filing of commission records of proceedings on appeal by the Secretary of Agriculture and not the commission, struck out provisions describing Secretary of Agriculture as Chairman (now found in section 2 of this title), superseded such part of proviso of seventh sentence as authorized appeals to the commission from Secretary of Agriculture's refusal of a contract market designation by provisions of first par. of this section, and struck out such other part as made decision of court on appeal from commission final and binding on the parties. 1958 - Pub. L. 85-791 substituted 'thereupon file in the court the record in such proceedings, as provided in section 2112 of title 28' for 'forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings including the notice to the board of trade, a copy of the charges, the evidence, and the report and order' in third notice, and struck out 'certified and' after 'duly' in fourth sentence. -CHANGE- CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted 'court of appeals' for 'circuit court of appeals' wherever appearing in this section. -MISC4- EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28 of Pub. L. 95-405, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93-463, see section 418 of Pub. L. 93-463, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-258 effective 120 days after Feb. 19, 1968, see section 28 of Pub. L. 90-258, set out as a note under section 2 of this title. -CROSS- CROSS REFERENCES Cease and desist orders, review of, see section 13a of this title. Orders with respect to exclusion from boards of trade of cooperative associations and corporations, review of under the procedure provided in this section, see section 10a of this title. Suspension or revocation of designation as contract market in accordance with procedure and subject to judicial review provided in this section, see section 7b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2a, 7b, 10a, 12, 13a of this title. ------DocID 9262 Document 13 of 470------ -CITE- 7 USC CHAPTER 8 -EXPCITE- TITLE 7 CHAPTER 8 -HEAD- CHAPTER 8 - NURSERY STOCK AND OTHER PLANTS AND PLANT PRODUCTS -MISC1- Sec. 151. 'Person' defined. 152. 'Nursery stock' defined. 153. Liability of principal for act of agent. 154. General restriction on importation of nursery stock; exceptions. 155. Importation for scientific purposes permitted. 156. Notification of arrival at port of entry; forwarding without notification forbidden; inspection before shipment. 157. Marking packages, etc., for entry. 158. Marking packages, etc., for interstate shipment; inspection. 159. Regulations by Secretary restricting importation of plants, etc., other than 'nursery stock'. 160. Regulations by Secretary restricting importation from insect-infested locality; when quarantine effective. 161. Interstate quarantine; shipments or removals from quarantined localities forbidden; regulations by Secretary for shipment, etc., from quarantined localities; promulgation. 161a. Omitted. 162. Rules and regulations. 163. Violations; forgery, alterations, etc., of certificates; punishment; civil penalty. 164. Duty of United States attorneys to prosecute. 164a. Enforcement of quarantine against nursery stock and plant products; search and seizure. 165, 165a. Repealed or Omitted. 166. State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by United States Postal Service. 167. Rules governing District of Columbia. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 150aa, 150bb, 150dd, 150ee, 150jj, and 2811 of this title; title 39 section 3014. ------DocID 6923 Document 14 of 470------ -CITE- 2 USC Sec. 8 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 8. Vacancies -STATUTE- The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. -SOURCE- (R.S. Sec. 26.) -COD- CODIFICATION R.S. Sec. 26 derived from act Feb. 2, 1872, ch. 11, Sec. 4, 17 Stat. 28. -MISC3- CONSTITUTIONAL PROVISIONS Vacancies in the House of Representatives, see Const. Art. I, Sec. 2, cl. 4. ------DocID 11473 Document 15 of 470------ -CITE- 8 USC CHAPTER 1 -EXPCITE- TITLE 8 CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL PROVISIONS ------DocID 11474 Document 16 of 470------ -CITE- 8 USC Sec. 1 to 18 -EXPCITE- TITLE 8 CHAPTER 1 -HEAD- Sec. 1 to 18. Repealed or Omitted -MISC1- These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See the notes below for history of individual sections. Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from R.S. Sec. 1992, which was revised from act Apr. 9, 1866, ch. 31, Sec. 1, 14 Stat. 27. Similar provisions were contained in former section 601(a) of this title. See section 1401 of this title. Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S. Sec. 1995, which was revised from act May 18, 1872, ch. 172, Sec. 3, 17 Stat. 134. Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; Mar. 3, 1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182; Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, Sec. 3, 41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1173. Section 3a was from act June 19, 1930, ch. 544, 46 Stat. 787. Section 3b was from acts May 7, 1934, ch. 221, Sec. 1, 48 Stat. 667; July 23, 1947, ch. 304, Sec. 1, 61 Stat. 414. Section 3c was from act May 7, 1934, ch. 221, Sec. 2, 48 Stat. 667. Section 4, relating to citizenship of Hawaiians, was from act Apr. 30, 1900, ch. 339, Sec. 4, 31 Stat. 141. See section 1405 of this title. Sections 5 and 5a, relating to citizenship of Puerto Ricans, were from act Mar. 2, 1917, ch. 145, Sec. 5, 5a, respectively, 39 Stat. 953, as amended Mar. 4, 1927, ch. 503, Sec. 2, 44 Stat. 1418; May 17, 1932, ch. 190, 47 Stat. 158. See section 1402 of this title. Section 5a-1, making a further extension of time for Puerto Ricans to become citizens in cases of misinformation regarding status, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1174. It was from act May 16, 1938, ch. 225, 52 Stat. 377. See section 1402 of this title. Sections 5b and 5c, relating to citizenship of inhabitants of the Virgin Islands, were from act Feb. 25, 1927, ch. 192, Sec. 1, 3, respectively, 44 Stat. 1234, 1235, as amended May 17, 1932, ch. 190, 47 Stat. 158; June 28, 1932, ch. 283, Sec. 5, 47 Stat. 336. See section 1406 of this title. Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1174. Sections 5d and 5e, relating to citizenship of persons born in Canal Zone or Panama, were from act Aug. 4, 1937, ch. 563, Sec. 1, 2, respectively, 50 Stat. 558; see section 1403 of this title. Section 6, relating to citizenship of children born outside the United States, was from R.S. Sec. 1993 (revised from acts Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat. 155; Feb. 10, 1855, ch. 71, Sec. 1, 10 Stat. 604); act Mar. 2, 1907, ch. 2534, Sec. 6, 7, 34 Stat. 1229, as amended May 24, 1934, ch. 344, Sec. 1, 48 Stat. 797; see sections 1431 to 1433 of this title. Section 7, relating to citizenship of children of persons naturalized under certain laws, was from R.S. Sec. 2172, which was revised from act Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat. 155; see section 1432 of this title. Section 8, relating to citizenship, upon parent's naturalization, of children born abroad of alien parents, was from act Mar. 2, 1907, ch. 2534, Sec. 5, 34 Stat. 1229, as amended May 24, 1934, ch. 344, Sec. 2, 48 Stat. 797; see section 1432 of this title. Section 9, relating to citizenship of women citizens as affected by marriage, was from acts Sept. 22, 1922, ch. 411, Sec. 3(a), 42 Stat. 1022; July 3, 1930, ch. 835, Sec. 1, 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec. 4(a), 46 Stat. 1511; see section 1435 of this title. Section 9a, relating to repatriation of native-born women married to aliens prior to Sept. 22, 1922, was from act June 25, 1936, ch. 801, 49 Stat. 1917, as amended July 2, 1940, ch. 509, 54 Stat. 715; see section 1435(c) of this title. Section 10, relating to effect of certain repeals on citizenship of women marrying citizens, was from act Sept. 22, 1922, ch. 411, Sec. 6, 42 Stat. 1022. Sections 11 and 12, relating to forfeiture of citizenship for desertion from armed forces, were repealed by acts Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 644, and Sept. 6, 1966, Pub. L. 89-554, Sec. 8, 80 Stat. 632. Section 11 was from R.S. Sec. 1998 (revised from act Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490) as amended by acts Aug. 22, 1912, ch. 336, Sec. 1, 37 Stat. 356; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 12 was from R.S. Sec. 1996, 1997, which were revised from acts Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490, and July 19, 1867, ch. 28, 15 Stat. 14, respectively; see sections 1481 and 1483 of this title. Sections 13 and 14, relating to protection of citizens when abroad, were transferred to sections 1731 and 1732 of Title 22, Foreign Relations and Intercourse. Section 15, R.S. Sec. 1999 related to right of expatriation. See sections 1482 and 1483 of this title. Sections 16 to 18, relating to loss of citizenship, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 16 was from act Mar. 2, 1907, ch. 2534, Sec. 2, 34 Stat. 1228. Section 17 was from act Mar. 2, 1907, ch. 2534, Sec. 2, 7, 34 Stat. 1228, 1229; see sections 1481(a), 1482 and 1484 of this title. Section 17a was from act May 24, 1934, ch. 344, Sec. 3, 48 Stat. 797; see section 1481(a) of this title. Section 18 was from acts June 29, 1906, ch. 3592, Sec. 4(12), 34 Stat. 596; May 9, 1918, ch. 69, Sec. 1, 40 Stat. 545; June 21, 1930, ch. 559, 46 Stat. 791; see sections 1438(a), 1454, 1455, and 1459 of this title. ------DocID 11475 Document 17 of 470------ -CITE- 8 USC CHAPTER 2 -EXPCITE- TITLE 8 CHAPTER 2 -HEAD- CHAPTER 2 - ELECTIVE FRANCHISE ------DocID 11476 Document 18 of 470------ -CITE- 8 USC Sec. 31, 32 -EXPCITE- TITLE 8 CHAPTER 2 -HEAD- Sec. 31, 32. Transferred -COD- CODIFICATION Sections 31 and 32 transferred to sections 1971 and 1972, respectively, of Title 42, The Public Health and Welfare. ------DocID 11477 Document 19 of 470------ -CITE- 8 USC CHAPTER 3 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- CHAPTER 3 - CIVIL RIGHTS ------DocID 11478 Document 20 of 470------ -CITE- 8 USC Sec. 41 to 43 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 41 to 43. Transferred -COD- CODIFICATION Sections 41 to 43 transferred to sections 1981 to 1983, respectively, of Title 42, The Public Health and Welfare. ------DocID 11479 Document 21 of 470------ -CITE- 8 USC Sec. 44, 45 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 44, 45. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section 44, act Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336, related to exclusion of jurors on account of race or color. See section 243 of Title 18, Crimes and Criminal Procedure. Section 45, acts Mar. 1, 1875, ch. 114, Sec. 3, 18 Stat. 336; May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184, related to prosecutions for banning jurors because of race or color. See section 243 of Title 18. ------DocID 11480 Document 22 of 470------ -CITE- 8 USC Sec. 46 to 51 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 46 to 51. Transferred -COD- CODIFICATION Sections 46 to 51 transferred to sections 1984 to 1987, 1989, and 1990, respectively, of Title 42, The Public Health and Welfare. ------DocID 11481 Document 23 of 470------ -CITE- 8 USC Sec. 52 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 52. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section R.S. Sec. 1986; acts May 28, 1896, ch. 252, Sec. 6, 29 Stat. 179; Feb. 26, 1919, ch. 49, Sec. 1, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41 Stat. 1099, related to fees of district attorneys, marshals, and clerks of court. ------DocID 11482 Document 24 of 470------ -CITE- 8 USC Sec. 53 to 56 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 53 to 56. Transferred -COD- CODIFICATION Sections 53 to 56 transferred to sections 1991, 1992, former section 1993, and section 1994, respectively, of Title 42, The Public Health and Welfare. ------DocID 11483 Document 25 of 470------ -CITE- 8 USC CHAPTER 4 -EXPCITE- TITLE 8 CHAPTER 4 -HEAD- CHAPTER 4 - FREEDMEN ------DocID 11484 Document 26 of 470------ -CITE- 8 USC Sec. 61 to 65 -EXPCITE- TITLE 8 CHAPTER 4 -HEAD- Sec. 61 to 65. Omitted -COD- CODIFICATION Section 61, R.S. 2032, related to continuation of laws then in force. Section 62, R.S. 2033, related to enforcement of laws by former Secretary of War. Section 63, acts Mar. 3, 1879, ch. 182, Sec. 2, 20 Stat. 402; Feb. 1, 1888, ch. 4, Sec. 1, 25 Stat. 9; July 1, 1898, ch. 546, 30 Stat. 640, related to claims for pay or bounty. Section 64, act July 1, 1902, ch. 1351, 32 Stat. 556, related to retained bounty fund. Section 65, R.S. Sec. 2037, related to wives and children of colored soldiers. ------DocID 11485 Document 27 of 470------ -CITE- 8 USC CHAPTER 5 -EXPCITE- TITLE 8 CHAPTER 5 -HEAD- CHAPTER 5 - ALIEN OWNERSHIP OF LAND ------DocID 11486 Document 28 of 470------ -CITE- 8 USC Sec. 71 to 78 -EXPCITE- TITLE 8 CHAPTER 5 -HEAD- Sec. 71 to 78. Transferred -COD- CODIFICATION Sections 71 to 78 transferred to sections 1501 to 1508, respectively, of Title 48, Territories and Insular Possessions. ------DocID 11487 Document 29 of 470------ -CITE- 8 USC Sec. 79 to 82 -EXPCITE- TITLE 8 CHAPTER 5 -HEAD- Sec. 79 to 82. Omitted -COD- CODIFICATION Sections 79 to 82 related to alien ownership of real estate in the District of Columbia. Sections 79 to 81 were from act Mar. 3, 1887, ch. 340, Sec. 1, 2, 4, respectively, 24 Stat. 476, 477, as specifically excepted from amendment by act Mar. 2, 1897, ch. 363, 29 Stat. 618 (for said act Mar. 3, 1887, as amended by the 1897 act, see sections 1501 to 1507 of Title 48, Territories and Insular Possessions); and section 82 was from act Mar. 9, 1888, ch. 30, 25 Stat. 45. Sections 1, 2, and 4 of the 1887 act, and the act of 1888 were incorporated in sections 396 to 398 of the District of Columbia Code enacted by act Mar. 3, 1901, ch. 854, 31 Stat. 1252, and amended by act June 30, 1902, ch. 1329, 32 Stat. 530. Said sections 396 to 398 of the 1901 D.C. Code, as so amended, were omitted from the 1929 D.C. Code as having been superseded by section 1508 of Title 48, Territories and Insular Possessions, but they were classified to sections 45-1502 to 45-1504 of the 1940, 1951, 1961, 1967, and 1973 editions of the D.C. Code, and said act of 1888 was set out as section 45-1505 of such Code. Sections 45-1502 to 45-1504 were omitted from subsequent editions of the D.C. Code, and section 45-1505 was reclassified to section 45-1302 of the D.C. Code. ------DocID 11488 Document 30 of 470------ -CITE- 8 USC Sec. 83 to 86 -EXPCITE- TITLE 8 CHAPTER 5 -HEAD- Sec. 83 to 86. Transferred -COD- CODIFICATION Sections 83 to 86 transferred to sections 1509 to 1512, respectively, of Title 48, Territories and Insular Possessions. ------DocID 11489 Document 31 of 470------ -CITE- 8 USC CHAPTER 6 -EXPCITE- TITLE 8 CHAPTER 6 -HEAD- CHAPTER 6 - IMMIGRATION ------DocID 11490 Document 32 of 470------ -CITE- 8 USC SUBCHAPTER I -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS, AND STATIONS ------DocID 11491 Document 33 of 470------ -CITE- 8 USC Sec. 100, 101 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 100, 101. Transferred -COD- CODIFICATION Section 100 transferred to section 1551 of this title. Section 101 transferred to section 1552 of this title. ------DocID 11492 Document 34 of 470------ -CITE- 8 USC Sec. 102 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 102. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section, acts Feb. 5, 1917, ch. 29, Sec. 23, 39 Stat. 892; May 14, 1937, ch. 181, 50 Stat. 164; Oct. 29, 1945, ch. 438, 59 Stat. 551; Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880, related to administration of immigration laws. See sections 1103, 1228(b) and 1260 of this title. ------DocID 11493 Document 35 of 470------ -CITE- 8 USC Sec. 103, 103a -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 103, 103a. Omitted -COD- CODIFICATION Section 103, acts Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to administration of alien contract laws, was transferred to section 342h of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. See section 1103 of this title. Section 103a, act July 9, 1947, ch. 211, title II, 61 Stat. 292, which related to reimbursement by Attorney General of certain expenses incurred by other agencies in connection with administration and enforcement of laws relating to immigration, etc., was from the Department of Justice Appropriation Act, 1948, and was not repeated in the Department of Justice Appropriation Act, 1949, act June 3, 1948, ch. 400, title II, 62 Stat. 316. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: July 5, 1946, ch. 541, title II, 60 Stat. 462. May 21, 1945, ch. 129, title II, 59 Stat. 185. June 28, 1944, ch. 294, title II, 58 Stat. 412. July 1, 1943, ch. 182, title II, 57 Stat. 288. July 2, 1942, ch. 472, title II, 56 Stat. 483. June 28, 1941, ch. 258, title III, 55 Stat. 292. ------DocID 11494 Document 36 of 470------ -CITE- 8 USC Sec. 104 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 104. Repealed. Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600 -MISC1- Section, acts June 6, 1900, ch. 791, Sec. 1, 31 Stat. 611; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, provided that Commissioner of Immigration and Naturalization should have charge, under supervision of Attorney General, of administration of Chinese exclusion laws. ------DocID 11495 Document 37 of 470------ -CITE- 8 USC Sec. 105 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 105. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section, act Feb. 5, 1917, ch. 29, Sec. 30, 39 Stat. 895, related to division of information. ------DocID 11496 Document 38 of 470------ -CITE- 8 USC Sec. 106 to 106c -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 106 to 106c. Repealed. Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172 -MISC1- Sections, acts June 29, 1906, ch. 3592, Sec. 1, 34 Stat. 596; Mar. 2, 1929, ch. 536, Sec. 1 to 3, 45 Stat. 1512, 1513; Apr. 19, 1934, ch. 154, Sec. 6, 48 Stat. 598; June 8, 1934, ch. 429, 48 Stat. 926; Aug. 7, 1939, ch. 517, 53 Stat. 1243, related to registry of aliens. Similar provisions were contained in former sections 728, 729, 742(b), and 746(l) of this title. See sections 1230 and 1259 of this title. ------DocID 11497 Document 39 of 470------ -CITE- 8 USC Sec. 107 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 107. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 637, 642 -MISC1- Section, acts Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat 391; Aug. 1, 1914, ch. 223, Sec. 1, 38 Stat. 666; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 936, provided for appointment of commissioners of immigration at the several ports. ------DocID 11498 Document 40 of 470------ -CITE- 8 USC Sec. 108, 109 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 108, 109. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section 108, act Feb. 5, 1917, ch. 29, Sec. 23, 39 Stat. 892, related to duties of immigration officers. See section 1103(a) of this title. Section 109, acts Feb. 5, 1917, ch. 29, Sec. 24, 39 Stat. 893; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24; May 29, 1928, ch. 864, 45 Stat. 954; Feb. 21, 1931, ch. 270, 46 Stat. 1205; May 2, 1932, ch. 156, 47 Stat. 145; June 20, 1942, ch. 426, 56 Stat. 373, related to officers and employees. See sections 1103(a) and 1353 of this title. ------DocID 11499 Document 41 of 470------ -CITE- 8 USC Sec. 109a to 109d -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 109a to 109d. Transferred -COD- CODIFICATION Sections 109a to 109c transferred to sections 1353a, 1353b, and 1353d, respectively, of this title. Section 109d, acts July 1, 1943, ch. 182, title II, 57 Stat. 288; June 28, 1944, ch. 294, title II, 58 Stat. 413; May 21, 1945, ch. 129, title II, 59 Stat. 186; July 5, 1946, ch. 541, title II, 60 Stat. 463; July 9, 1947, ch. 211, title II, 61 Stat. 292; June 3, 1948, ch. 400, title II, 62 Stat. 316; July 20, 1949, ch. 354, title II, 63 Stat. 460; Sept. 6, 1950, ch. 896, ch. III, title II, 64 Stat. 618, which related to employment of interpreters in the Immigration and Naturalization Service, was transferred to section 342f of former Title 5, Executive Departments and Government Officers and Employees, and subsequently repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, 632, which enacted Title 5, Government Organization and Employees. See section 1555 of this title. ------DocID 11500 Document 42 of 470------ -CITE- 8 USC Sec. 110 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 110. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(25), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section, acts Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1049; Aug. 7, 1946, ch. 768, 60 Stat. 865; Mar. 20, 1952, ch. 108, Sec. 2, 66 Stat. 26, related to arrest of aliens without warrant. See section 1357 of this title. ------DocID 11501 Document 43 of 470------ -CITE- 8 USC Sec. 111 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 111. Transferred -COD- CODIFICATION Section 111 transferred to section 1554 of this title. ------DocID 11502 Document 44 of 470------ -CITE- 8 USC Sec. 112 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 112. Omitted -COD- CODIFICATION Section, act Mar. 4, 1915, ch. 147, Sec. 1, 38 Stat. 1151; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to employment of officers and clerks enforcing alien contract labor laws, was transferred to section 342i of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. See section 1103 of this title. ------DocID 11503 Document 45 of 470------ -CITE- 8 USC Sec. 113 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 113. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section, act Feb. 5, 1917, ch. 29, Sec. 11a, 39 Stat. 882, related to detail of inspectors on vessels. ------DocID 11504 Document 46 of 470------ -CITE- 8 USC Sec. 114 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 114. Omitted -COD- CODIFICATION Section, act Aug. 15, 1919, ch. 50, 41 Stat. 280; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, authorized lease for other than governmental purposes of Charleston immigration station and dock connected therewith. See section 471 et seq. of Title 40, Public Buildings, Property, and Works. Section was also classified to section 342k of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. ------DocID 11505 Document 47 of 470------ -CITE- 8 USC Sec. 115, 116 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 115, 116. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section 115, act Feb. 5, 1917, ch. 29, Sec. 26, 39 Stat. 894, related to disposal of privileges at immigrant stations. See section 1355(a) of this title. Section 116, act Feb. 5, 1917, ch. 29, Sec. 27, 39 Stat. 894, related to local jurisdiction over immigrant stations. See section 1358 of this title. ------DocID 11506 Document 48 of 470------ -CITE- 8 USC Sec. 117, 118 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 117, 118. Omitted -MISC1- Section 117, acts July 12, 1943, ch. 221, title II, 57 Stat. 507; June 28, 1944, ch. 302, title II, 58 Stat. 558, related to use of the hospital at Ellis Island Immigration Station for the care of Public Health Service patients. See section 1356(a) of this title and section 220 of Title 42, The Public Health and Welfare. Similar provisions were contained in the following prior appropriation acts, which were repealed by section 1313, formerly section 611, of act July 1, 1944, ch. 373, 58 Stat. 714, 718. July 2, 1942, ch. 475, title II, 56 Stat. 581. July 1, 1941, ch. 269, title II, 55 Stat. 481. June 26, 1940, ch. 428, title II, 54 Stat. 585. May 6, 1939, ch. 115, title I, 53 Stat. 668. Mar. 28, 1938, ch. 55, 52 Stat. 133. May 14, 1937, ch. 180, title I, 50 Stat. 149. June 23, 1936, ch. 725, 49 Stat. 1839. May 14, 1935, ch. 110, 49 Stat. 229. Mar. 15, 1934, ch. 70, title I, 48 Stat. 435. Mar. 3, 1933, ch. 212, title I, 47 Stat. 1500. July 5, 1932, ch. 430, title I, 47 Stat. 591. Feb. 23, 1931, ch. 277, title I, 46 Stat. 1228. May 15, 1930, ch. 289, title I, 46 Stat. 347. Dec. 20, 1928, ch. 39, title I, 45 Stat. 1039. Mar. 5, 1928, ch. 126, title I, 45 Stat. 174. Jan. 26, 1927, ch. 58, 44 Stat. 1038. Mar. 2, 1926, ch. 43, 44 Stat. 147. Jan. 22, 1925, ch. 87, title I, 43 Stat. 775. Apr. 4, 1924, ch. 84, title I, 43 Stat. 75. Jan. 3, 1923, ch. 22, 42 Stat. 1101. RENUMBERING OF REPEALING ACT Section 611 of act July 1, 1944, which repealed this section, was renumbered 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47, 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720, 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919, 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931, 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, 1213 by Pub. L. 92-294, Sec. 3(b) May 16, 1972, 86 Stat. 137, 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Section 118, act Apr. 18, 1930, ch. 184, title IV, 46 Stat. 216, which related to motor vehicles and horses for enforcement of immigration and Chinese exclusion laws, expired with the appropriation act of which it was a part. Similar provisions were contained in the following prior appropriation acts: Jan. 25, 1929, ch. 102, title IV, 45 Stat. 1137. Feb. 15, 1928, ch. 57, title IV, 45 Stat. 107. Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1223. Apr. 29, 1926, ch. 195, title IV, 44 Stat. 371. Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1049. May 28, 1924, ch. 204, title IV, 43 Stat. 240. Jan. 5, 1923, ch. 24, title II, 42 Stat. 1127. Mar. 28, 1922, ch. 117, title II, 42 Stat. 487. June 12, 1917, ch. 27, Sec. 1, 40 Stat. 170. ------DocID 11507 Document 49 of 470------ -CITE- 8 USC SUBCHAPTER II -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL ------DocID 11508 Document 50 of 470------ -CITE- 8 USC Sec. 131 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 131. Omitted -COD- CODIFICATION Section, acts Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to control of immigration, was transferred to section 342a of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. ------DocID 11509 Document 51 of 470------ -CITE- 8 USC Sec. 132 to 137-10 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 132 to 137-10. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(1), (8), (11), (13), (16), (48), 66 Stat. 279, 280, eff. Dec. 24, 1952 -MISC1- Section 132, act Feb. 5, 1917, ch. 29, Sec. 2, 39 Stat. 875, related to head tax. See section 1351 of this title. Section 133, act Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 982, related to covering of moneys into Treasury. See section 1356(b) of this title. Section 134, act Feb. 3, 1905, ch. 297, Sec. 1, 33 Stat. 684, authorized refunds of head taxes erroneously collected under act Mar. 3, 1903, ch. 1012, Sec. 1, 32 Stat. 1213. Said act Mar. 3, 1903 was repealed by acts Feb. 20, 1907, ch. 1134, Sec. 43, 34 Stat. 911; Feb. 5, 1917, ch. 29, Sec. 38, 39 Stat. 897. Section 135, R.S. Sec. 2164, related to State tax or charge on immigrants. Section 136, acts Feb. 5, 1917, ch. 29, Sec. 3, 39 Stat. 875; June 5, 1920, ch. 243, 41 Stat. 981; Mar. 4, 1929, ch. 690, Sec. 1(d), 45 Stat. 1551; Sept. 27, 1944, ch. 418, Sec. 2, 58 Stat. 746, related to exclusion of aliens. See sections 1102, 1154, and 1182 of this title. Section 137, acts Oct. 16, 1918, ch. 186, Sec. 1, 40 Stat. 1012; June 5, 1920, ch. 251, 41 Stat. 1008; June 28, 1940, ch. 439, title II, Sec. 23(a), 54 Stat. 673; May 25, 1948, ch. 338, 62 Stat. 268; Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related to exclusion of subversive aliens. See sections 1101 and 1182 of this title. Section 137-1, acts Oct. 16, 1918, ch. 186, Sec. 2, 40 Stat. 1012; June 28, 1940, ch. 439, title II, Sec. 23(b), 54 Stat. 673; Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related to exceptions as to certain aliens seeking temporary entrance. See section 1182(d)(2) of this title. Section 137-2, acts Oct. 16, 1918, ch. 186, Sec. 3, 40 Stat. 1012; Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related to prohibition against issuance of visas to subversive aliens. See section 1182(a)(28) of this title. Section 137-3, act Oct. 16, 1918, ch. 186, Sec. 4, as added Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related to deportation of subversive aliens. See section 1251(a)(6)(A)-(C), (7) of this title. Sections 137-4 to 137-8, act Oct. 16, 1918, ch. 186, Sec. 5-9, as added Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat., 1006, related to temporary exclusion of suspects, subversive aliens and penalties. See sections 1102, 1182, 1225, 1253, 1326 and 1327 of this title. Section 137-9, act Mar. 28, 1951, ch. 23, Sec. 1, 65 Stat. 28, related to clarification of immigration status of certain aliens. See section 1182(a)(28) of this title. Section 137-10, act Mar. 28, 1951, ch. 23, Sec. 2, 65 Stat. 28, related to recordation of entry for permanent residence. See section 1182(a)(28) of this title. ------DocID 11510 Document 52 of 470------ -CITE- 8 USC Sec. 137a -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 137a. Repealed. May 24, 1934, ch. 344, Sec. 5, 48 Stat. 798 -MISC1- Section, act Sept. 22, 1922, ch. 411, Sec. 8, as added July 3, 1930, ch. 826, 46 Stat. 849, provided as follows: 'Sec. 137a. Married woman whose husband is native-born citizen and veteran of World War. Any woman eligible by race to citizenship who has married a citizen of the United States before July 3, 1930, whose husband shall have been a native-born citizen and a member of the military or naval forces of the United States during the World War, and separated therefrom under honorable conditions; if otherwise admissible, shall not be excluded from admission into the United States under section 136 of this title, unless she be excluded under the provisions of that section relating to - '(a) Persons afflicted with a loathsome or dangerous contagious disease, except tuberculosis in any form; '(b) Polygamy; '(c) Prostitutes, procurers, or other like immoral persons; '(d) Persons convicted of crime: Provided, That no such wife shall be excluded because of offenses committed during legal infancy, while a minor under the age of twenty-one years, and for which the sentences imposed were less than three months, and which were committed more than five years previous to July 3, 1930; '(e) Persons previously deported; '(f) Contract laborers. 'After admission to the United States she shall be subject to all other provisions of (former) sections 9 and 10 and 367-370 of this title.' SAVINGS CLAUSE Section 5 of act May 24, 1934, provided that the repeal of this section should not affect any right or privilege or terminate any citizenship acquired under the section before such repeal. ------DocID 11511 Document 53 of 470------ -CITE- 8 USC Sec. 137b to 173 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 137b to 173. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(2), (3), (5), (13), (18), (19), (23), (31), (32), (47), 66 Stat. 279, 280, eff. Dec. 24, 1952 -MISC1- Sections 137b to 137d, act Mar. 17, 1932, ch. 85, Sec. 1-3, 47 Stat. 67, related to alien musicians. See section 1182(a) of this title. Section 138, act Feb. 5, 1917, ch. 29, Sec. 4, 39 Stat. 878, related to importation of aliens for immoral purposes. See sections 1326, 1328 and 1329 of this title. Section 139, act Feb. 5, 1917, ch. 29, Sec. 5, 39 Stat. 879, related to contract laborers. See section 1330 of this title. Section 140, acts Oct. 19, 1888, ch. 1210, Sec. 1, 25 Stat. 566; April 28, 1904, No. 34, 33 Stat. 591; March 4, 1913, ch. 141, Sec. 3, 37 Stat. 737, related to rewards to informer. Section 141, act Feb. 26, 1885, ch. 164, Sec. 2, 23 Stat. 332, related to validity of contracts for labor of aliens made before importation. Section 142, act Feb. 5, 1917, ch. 29, Sec. 6, 39 Stat. 879, related to advertisement of employment. See section 1330 of this title. Section 143, act Feb. 5, 1917, ch. 29, Sec. 7, 39 Stat. 879, related to solicitation of immigration by transportation companies. See section 1330 of this title. Section 144, acts Feb. 5, 1917, ch. 29, Sec. 8, 39 Stat. 880; Mar. 20, 1952, ch. 108, Sec. 1, 66 Stat. 26, related to bringing in or harboring certain aliens. See section 1324(a) of this title. Section 145, acts Feb. 5, 1917, ch. 29, Sec. 9, 39 Stat. 880; May 26, 1924, ch. 190, Sec. 26, 43 Stat. 166, related to bringing in aliens subject to disability or afflicted with disease. See section 1322 of this title. Section 146, acts Feb. 5, 1917, ch. 29, Sec. 10, 39 Stat. 881; May 26, 1924, ch. 190, Sec. 27, 43 Stat. 167, related to prevention of unauthorized landing of aliens. See section 1321 of this title. Section 147, act Feb. 5, 1917, ch. 27, Sec. 11, 39 Stat. 881, related to detention of aliens for observation and examination. See section 1222 of this title. Section 148, acts Feb. 5, 1917, ch. 29, Sec. 12, 39 Stat. 882; May 17, 1932, ch. 190, 47 Stat. 158; July 30, 1947, ch. 384, 61 Stat. 630, related to lists of passengers arriving or departing. See section 1221(a), (e) of this title. Section 149, act Feb. 5, 1917, ch. 29, Sec. 13, 39 Stat. 884, related to grouping of alien passengers in lists. See section 1221(c) of this title. Section 150, act Feb. 5, 1917, ch. 29, Sec. 14, 39 Stat. 884, related to refusal or failure to furnish alien passenger list. See section 1221(d) of this title. Section 151, acts Feb. 5, 1917, ch. 29, Sec. 15, 39 Stat. 885; Dec. 19, 1944, ch. 608, Sec. 1, 58 Stat. 816, related to inspection of alien passengers on arrival. See section 1223(a), (b) of this title. Section 152, acts Feb. 5, 1917, ch. 29, Sec. 16, 39 Stat. 885; July 1, 1944, ch. 373, title VII, Sec. 713, 58 Stat. 714, renumbered Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049, renumbered Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47, related to physical and mental examination of alien passengers. See sections 1224, 1225(a) and 1362 of this title. Section 153, act Feb. 5, 1917, ch. 29, Sec. 17, 39 Stat. 887, related to boards of special inquiry. See section 1226 of this title. Section 154, acts Feb. 5, 1917, ch. 29, Sec. 18, 39 Stat. 887; Mar. 4, 1929, ch. 690, Sec. 1(e), 45 Stat. 1551; Dec. 19, 1944, ch. 608, Sec. 2, 58 Stat. 816, related to immediate deportation of aliens brought in in violation of law. See section 1227 of this title. Section 155, acts Feb. 5, 1917, ch. 29, Sec. 19, 39 Stat. 889; June 28, 1940, ch. 439, title II, Sec. 20, 54 Stat. 671; Dec. 8, 1942, ch. 697, 56 Stat. 1044; July 1, 1948, ch. 783, 62 Stat. 1206, related to deportation of undesirable aliens generally; see sections 1251, 1254 and 1351 of this title. Section 22 of act June 28, 1940 provided that no alien should be deportable by reason of amendments to former section 155 of this title by said act, on account of any act committed prior to the date of enactment of that act (June 28, 1940). Section 155a, act Sept. 27, 1950, ch. 1052, ch. III, 64 Stat. 1048, related to deportation or exclusion proceedings unaffected by the Administrative Procedure Act. Section 156, acts Feb. 5, 1917, ch. 29, Sec. 20, 39 Stat. 890; July 13, 1943, ch. 230, 57 Stat. 553; Sept. 23, 1950, ch. 1024, title I, Sec. 23, 64 Stat. 1010; June 18, 1952, ch. 442, 66 Stat. 138, related to control over, and facilitation of deportation. See sections 1251, 1252 to 1254 of this title. Section 156a, acts Feb. 18, 1931, ch. 224, 46 Stat. 1171; June 28, 1940, ch. 439, title II, Sec. 21, 54 Stat. 673, related to deportation of aliens engaged in narcotic traffic; see section 1251(a)(11) of this title. Section 22 of act June 28, 1940, provided that no alien should be deportable by reason of amendments to former section 156a of this title by said act, on account of any act committed prior to the date of enactment of that act (June 28, 1940). Section 157, act May 10, 1920, ch. 174, Sec. 1-3, 41 Stat. 593, 594, related to deportation of aliens convicted of war-time offenses. See section 1251(a)(17) of this title. Sections 158 to 163, act Feb. 5, 1917, ch. 29, Sec. 21-23, 28, 39 Stat. 891-894, related to admission of aliens, detention, etc. See sections 1103(a), 1128(c), 1183, and 1327 of this title. Section 164, act Feb. 5, 1917, ch. 29, Sec. 25, 39 Stat. 893, related to jurisdiction of district courts. See section 1329 of this title. Section 165, act Feb. 5, 1917, ch. 29, Sec. 31, 39 Stat. 895, related to signing alien on ship's articles with intent to permit landing in violation of law. See section 1287 of this title. Section 166, acts Feb. 5, 1917, ch. 29, Sec. 34, 39 Stat. 896; May 26, 1924, ch. 190, Sec. 19, 43 Stat. 164, related to landing of excluded seamen. See sections 1282(b) and 1287 of this title. Section 167, acts May 26, 1924, ch. 190, Sec. 20(a)-(c), 43 Stat. 164; Dec. 19, 1944, ch. 608, Sec. 4, 58 Stat. 817, related to control of alien seamen. See section 1284 of this title. Section 168, act Feb. 5, 1917, ch. 29, Sec. 33, 39 Stat. 896, related to paying off or discharging alien seamen. See sections 1282(a) and 1286 of this title. Section 169, act Feb. 5, 1917, ch. 29, Sec. 35, 39 Stat. 896, related to employment on passenger vessels of aliens suffering with mental disabilities. See section 1285 of this title. Section 170, act Dec. 26, 1920, ch. 4, 41 Stat. 1082, related to treatment in hospitals of alien seamen. See section 1283 of this title. Section 171, act Feb. 5, 1917, ch. 29, Sec. 36, 39 Stat. 896, related to lists of aliens employed on vessels arriving from foreign ports. See section 1281 of this title. Section 172, acts Mar. 3, 1893, ch. 206, Sec. 8, 27 Stat. 570; Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 328: Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737, related to posting of laws by agents of steamship companies. Section 173, acts Feb. 5, 1917, ch. 29, Sec. 1, 37, 39 Stat. 874, 897; June 2, 1924, ch. 233, 43 Stat. 253, related to definitions of aliens, seamen, etc. See section 1101(a)(3), (10), (38), (b)(3), (d)(7) of this title. ------DocID 11512 Document 54 of 470------ -CITE- 8 USC Sec. 174 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 174. Omitted -COD- CODIFICATION Section, acts Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat. 390; Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to finality of decisions of immigration officers, was transferred to section 342j of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. ------DocID 11513 Document 55 of 470------ -CITE- 8 USC Sec. 175 to 181 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 175 to 181. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(12), (13), (23), (30), (33), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section 175, act Feb. 5, 1917, ch. 29, Sec. 1, 39 Stat. 874, related to application of laws to Philippine Islands. Section 176, act Mar. 15, 1934, ch. 70, Sec. 1, 48 Stat. 435, related to disposition of moneys received or paid for detention of aliens. See section 1356(a) of this title. Section 177, act Feb. 5, 1917, ch. 29, Sec. 29, 39 Stat. 894, related to international conference for regulation of immigration of aliens. Section 178, act Feb. 5, 1917, ch. 29, Sec. 38, 39 Stat. 897, provided for the effective date of the act of Feb. 5, 1917, repealed specified provisions, and set forth laws unaffected by the enactment of this act. Section 179, act May 26, 1924, ch. 190, Sec. 21(b), 43 Stat. 165, related to blank forms of manifest and crew lists. See section 1352(b) of this title. Section 180, acts Mar. 4, 1929, ch. 690, Sec. 1(a)-(c), 45 Stat. 1551; June 24, 1929, ch. 40, 46 Stat. 41, related to reentry or attempted reentry of deported aliens. See sections 1101(g) and 1326 of this title. Sections 180a to 180d, act Mar. 4, 1929, ch. 690, Sec. 2-5, 45 Stat. 1551, 1552, related to reentry or attempted reentry of deported aliens. See sections 1101, 1182, 1203, 1252 and 1325 of this title. Section 181, act May 25, 1932, ch. 203, Sec. 7, 47 Stat. 166, related to reentry of deported aliens. See section 1326 of this title. ------DocID 11514 Document 56 of 470------ -CITE- 8 USC SUBCHAPTER III -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS ------DocID 11515 Document 57 of 470------ -CITE- 8 USC Sec. 201 to 204 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 201 to 204. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(23), (24), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section 201, act May 26, 1924, ch. 190, Sec. 1, 43 Stat. 153, related to short title. Section 202, acts May 26, 1924, ch. 190, Sec. 2, 43 Stat. 153; Feb. 25, 1925, ch. 316, 43 Stat. 976, related to immigration visas. See sections 1201 and 1351 of this title. Section 203, acts May 26, 1924, ch. 190, Sec. 3, 43 Stat. 154; July 6, 1932, ch. 434, 47 Stat. 607; July 1, 1940, ch. 502, Sec. 1, 54 Stat. 711; Dec. 29, 1945, ch. 652, title I, Sec. 7(c), 59 Stat. 672, defined immigrant. See section 1101 of this title. Section 204, acts May 26, 1924, ch. 190, Sec. 4, 43 Stat. 155; July 3, 1926, ch. 738, Sec. 1, 44 Stat. 812; May 29, 1928, ch. 914, Sec. 1, 2, 45 Stat. 1009; July 3, 1930, ch. 835, Sec. 3, 46 Stat. 854; July 11, 1932, ch. 471, Sec. 1, 47 Stat. 656; May 19, 1948, ch. 311, Sec. 1, 62 Stat. 241, defined nonquota immigrant. See section 1101 of this title. ------DocID 11516 Document 58 of 470------ -CITE- 8 USC Sec. 204a, 204b -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 204a, 204b. Omitted -COD- CODIFICATION Sections related to natives of the Virgin Islands residing in foreign countries on June 22, 1932, and were based upon act June 28, 1932, ch. 283, Sec. 1, 2, 47 Stat. 336. Former section 204b of this title provided that section 204a should not apply after June 28, 1934. ------DocID 11517 Document 59 of 470------ -CITE- 8 USC Sec. 204c to 219 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 204c to 219. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(23), (36), (44), (45), 66 Stat. 279, 280, eff. Dec. 24, 1952 -MISC1- Section 204c, act June 28, 1932, ch. 283, Sec. 3, 47 Stat. 336, related to deportation as public charge. See section 1251(a)(8) of this title. Section 204d, act June 28, 1932, ch. 283, Sec. 4, 47 Stat. 336, related to definitions. Section 205, act May 26, 1924, ch. 190, Sec. 5, 43 Stat. 155, defined quota immigrant. Section 206, acts May 26, 1924, ch. 190, Sec. 6, 43 Stat. 155; May 29, 1928, ch. 914, Sec. 3, 45 Stat. 1009; July 11, 1932, ch. 471, Sec. 2, 47 Stat. 656; May 19, 1948, ch. 311, Sec. 2, 62 Stat. 241, related to enumeration of preferences within quotas. Section 207, act May 26, 1924, ch. 190, Sec. 7, 43 Stat. 156, related to application for visas. Section 208, act May 26, 1924, ch. 190, Sec. 8, 43 Stat. 156, related to nonquota immigration visas. Section 209, acts May 26, 1924, ch. 190, Sec. 9, 43 Stat. 157; May 14, 1937, ch. 182, Sec. 1, 50 Stat. 164, related to visas of nonquota and preferred immigrants. Section 210, acts May 26, 1924, ch. 190, Sec. 10, 43 Stat. 158; June 3, 1948, ch. 403, 62 Stat. 335, related to reentry permits. Section 211, acts May 26, 1924, ch. 190, Sec. 11, 43 Stat. 159; Mar. 4, 1927, ch. 514, 44 Stat. 1455; Mar. 31, 1928, ch. 306, 45 Stat. 400, related to immigration quotas as determined by national origin. Section 212, act May 26, 1924, ch. 190, Sec. 12, 43 Stat. 160, related to determination of nationality. See section 1152 of this title. Section 212a, acts Dec. 17, 1943, ch. 344, Sec. 2, 57 Stat. 601; Aug. 9, 1946, ch. 945, Sec. 2, 60 Stat. 975, related to reentry permits for Chinese persons. Section 212b, act July 2, 1946, ch. 534, Sec. 4, 60 Stat. 417, related to reentry permits for Indians and races indigenous to India. Section 212c, act July 2, 1946, ch. 534, Sec. 5, 60 Stat. 417, related to definitions and allocations of quota. Section 213, acts May 26, 1924, ch. 190, Sec. 13, 43 Stat. 161; June 13, 1930, ch. 476, 46 Stat. 581; May 14, 1937, ch. 182, Sec. 2, 50 Stat. 165; Aug. 9, 1946, ch. 945, Sec. 1, 60 Stat. 975, related to compliance with immigration requirements. Section 213a, act May 14, 1937, ch. 182, Sec. 3, 50 Stat. 165, related to deportation of alien securing visa through fraudulent marriage. Section 214, act May 26, 1924, ch. 190, Sec. 14, 43 Stat. 162, related to deportation and procedure thereunder. Section 215, acts May 26, 1924, ch. 190, Sec. 15, 43 Stat. 162; July 1, 1932, ch. 363, 47 Stat. 524; July 1, 1940, ch. 502, Sec. 2, 54 Stat. 711; Dec. 29, 1945, ch. 652, title I, Sec. 7(d), 59 Stat. 672, related to admission of persons excepted from definition of immigrant and nonquota immigrants. Section 216, acts May 26, 1924, ch. 190, Sec. 16, 43 Stat. 163; Dec. 19, 1944, ch. 608, Sec. 3, 58 Stat. 817, related to unlawful bringing of aliens into United States by water. Section 217, act May 26, 1924, ch. 190, Sec. 17, 43 Stat. 163, related to contracts with transportation lines. Section 218, act May 26, 1924, ch. 190, Sec. 18, 43 Stat. 164, related to unused immigration visas. Section 219, act May 26, 1924, ch. 190, Sec. 21(a), 43 Stat. 165, related to reentry permits. ------DocID 11518 Document 60 of 470------ -CITE- 8 USC Sec. 220 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 220. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section, act May 26, 1924, ch. 190, Sec. 22, 43 Stat. 165, related to forging, counterfeiting, etc., of reentry permits. See section 1546 of Title 18, Crimes and Criminal Procedure. ------DocID 11519 Document 61 of 470------ -CITE- 8 USC Sec. 221 to 227 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 221 to 227. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(20), (22), (23), (29), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section 221, act May 26, 1924, ch. 190, Sec. 23, 43 Stat. 165, related to burden of proof upon entry of alien or in deportation proceedings. Section 222, act May 26, 1924, ch. 190, Sec. 24, 43 Stat. 166, related to rules and regulations. Section 223, act May 26, 1924, ch. 190, Sec. 25, 43 Stat. 166, related to quota law as additional to other immigration laws. Section 224, acts May 26, 1924, ch. 190, Sec. 28(a)-(e), (g)-(n), 43 Stat. 168; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 29, 1945, ch. 437, 59 Stat. 551, related to definitions. Section 225, act May 26, 1924, ch. 190, Sec. 29, 43 Stat. 169, related to appropriations. Section 226, act May 26, 1924, ch. 190, Sec. 32, 43 Stat. 169, related to partial invalidity. Section 226a, act Apr. 2, 1928, ch. 308, 45 Stat. 401, related to American Indians born in Canada. Section 227, act Dec. 27, 1922, ch. 15, 42 Stat. 1065, related to admission of certain aliens in excess of quotas. ------DocID 11520 Document 62 of 470------ -CITE- 8 USC Sec. 228 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 228. Omitted -COD- CODIFICATION Section, act June 7, 1924, ch. 379, 43 Stat. 669, related to aliens who entered prior to July 1, 1924 under quota of 1921, and was omitted as executed. ------DocID 11521 Document 63 of 470------ -CITE- 8 USC Sec. 229 to 231 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 229 to 231. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(17), (23), (27), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Section 229, acts May 19, 1921, ch. 8, 42 Stat. 5; May 26, 1924, ch. 190, Sec. 30, 43 Stat. 169, related to imposition and enforcement of penalties under act May 19, 1921. Section 230, Joint Res. Oct. 16, 1918, ch. 190, 40 Stat. 1014, related to alien residents conscripted or volunteering for service during World War I. Section 231, act May 26, 1926, ch. 400, 44 Stat. 657, related to admission into Puerto Rico of certain resident Spanish subjects. ------DocID 11522 Document 64 of 470------ -CITE- 8 USC Sec. 232 to 237 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 232 to 237. Omitted -COD- CODIFICATION Sections 232 to 236, act Dec. 28, 1945, ch. 591, Sec. 1-5, 59 Stat. 659, relating to admission of alien spouses and minor children of World War II veterans, omitted as expired three years after Dec. 28, 1945. Section 237, act Dec. 28, 1945, ch. 591, Sec. 6, added July 22, 1947, ch. 289, 61 Stat. 401. ------DocID 11523 Document 65 of 470------ -CITE- 8 USC Sec. 238 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 238. Transferred -COD- CODIFICATION Section transferred to section 1557 of this title. ------DocID 11524 Document 66 of 470------ -CITE- 8 USC Sec. 239 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 239. Omitted -COD- CODIFICATION Section, acts Aug. 19, 1950, ch. 759, 64 Stat. 464; Mar. 19, 1951, ch. 9, 65 Stat. 6, relating to admission of alien spouses and minor children of members of armed forces, expired by its own terms on Mar. 19, 1952. ------DocID 11525 Document 67 of 470------ -CITE- 8 USC SUBCHAPTER IV -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - ALIEN VETERANS OF WORLD WAR I ------DocID 11526 Document 68 of 470------ -CITE- 8 USC Sec. 241 to 246 -EXPCITE- TITLE 8 CHAPTER 6 SUBCHAPTER IV -HEAD- Sec. 241 to 246. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(28), 66 Stat. 279, eff. Dec. 24, 1952 -MISC1- Sections, act May 26, 1926, ch. 398, Sec. 1-6, 44 Stat. 654, 655, related to alien veterans of World War I. ------DocID 11527 Document 69 of 470------ -CITE- 8 USC CHAPTER 7 -EXPCITE- TITLE 8 CHAPTER 7 -HEAD- CHAPTER 7 - EXCLUSION OF CHINESE -COD- CODIFICATION Former chapter 7 of this title included the provisions of the several Chinese Exclusion acts, beginning with the temporary act of May 6, 1882, ch. 126, 22 Stat. 58, which, as being then in force, were, by act Apr. 27, 1904, ch. 1630, Sec. 5, 33 Stat. 428, amending act Apr. 29, 1902, ch. 641, 32 Stat. 176, 're-enacted, extended, and continued, without modification, limitation, or condition;' with the further provisions of the act and those of subsequent acts relating to the subject which remained in force. ------DocID 11528 Document 70 of 470------ -CITE- 8 USC Sec. 261 -EXPCITE- TITLE 8 CHAPTER 7 -HEAD- Sec. 261. Omitted -COD- CODIFICATION Section, acts Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, conferred upon the Attorney General the authority, power, and jurisdiction by virtue of any law relating to the exclusion from and residence within the United States, its Territories and the District of Columbia, of Chinese and persons of Chinese descent, and vested in the collectors of customs and collectors of internal revenue, under control of the Commissioner of Immigration and Naturalization, as the Attorney General might designate therefor, the authority, power, and jurisdiction in relation to such exclusion previously vested in such officers. It was omitted as obsolete in view of the repeal, by act Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600, of sections 262 to 297 and 299 of this title. ------DocID 11529 Document 71 of 470------ -CITE- 8 USC Sec. 262 to 297 -EXPCITE- TITLE 8 CHAPTER 7 -HEAD- Sec. 262 to 297. Repealed. Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600 -MISC1- Sections, acts May 6, 1882, ch. 126, Sec. 1, 3, 6-13, 15, 16, 22 Stat. 59-61; July 5, 1884, ch. 220, 23 Stat. 115-118; Sept. 13, 1888, ch. 1015, Sec. 5-11, 13, 14, 25 Stat. 477-479; Oct. 1, 1888, ch. 1064, Sec. 1, 2, 25 Stat. 504; May 5, 1892, ch. 60, Sec. 1-3, 5-8, 27 Stat. 25, 26; Nov. 3, 1893, ch. 14, Sec. 1, 2, 28 Stat. 7, 8; July 7, 1898, No. 55, Sec. 1 (part), 30 Stat. 751; Apr. 30, 1900, ch. 339, Sec. 1, 31 Stat. 161; June 6, 1900, ch. 791, Sec. 1 (part), 31 Stat. 611; Mar. 3, 1901, ch. 845, Sec. 1-3, 31 Stat. 1093; Apr. 29, 1902, ch. 641, Sec. 1, 2, 4, 32 Stat. 176, 177; Apr. 27, 1904, ch. 1630, Sec. 5, 33 Stat. 428; Aug. 24, 1912, ch. 355, Sec. 1 (part), 37 Stat. 476, related to exclusion of Chinese and persons of Chinese descent from the United States or its Territories, and to various matters pertaining thereto, including the requirement of certificates of permission and identity by those who might be entitled to entry, exemptions, duties of masters of vessels and Federal officers, arrest, hearing and removal of Chinese unlawfully within the United States or its Territories, habeas corpus, and forfeitures and penalties for violation of the exclusion laws. ------DocID 11530 Document 72 of 470------ -CITE- 8 USC Sec. 298 -EXPCITE- TITLE 8 CHAPTER 7 -HEAD- Sec. 298. Omitted -COD- CODIFICATION Section, acts Mar. 17, 1894, Art. III, 28 Stat. 1211; Apr. 28, 1904, ch. 1762, Sec. 1, 33 Stat. 478, provided for the Bertillon system of identification at the various ports of entry, to prevent unlawful entry of Chinese into the United States. It is obsolete in view of the repeal of sections 262 to 297 of this title by act Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600. For some years prior to such act, no moneys had been appropriated to prevent unlawful entry of Chinese, referred to in this section. ------DocID 11531 Document 73 of 470------ -CITE- 8 USC Sec. 299 -EXPCITE- TITLE 8 CHAPTER 7 -HEAD- Sec. 299. Repealed. Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600 -MISC1- Section, act June 23, 1913, ch. 3, Sec. 1, 38 Stat. 65, provided for delivery by the marshal, of all Chinese persons ordered deported under judicial writs, into the custody of any officer designated for that purpose, for conveyance to the frontier or seaboard for deportation. ------DocID 7094 Document 74 of 470------ -CITE- 2 USC Sec. 61a-6 to 61a-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-6 to 61a-8. Omitted -COD- CODIFICATION Sections were omitted for lack of general applicability. Sections were taken from the Legislative Branch Appropriation Act, 1971, the Legislative Branch Appropriation Act, 1972, and the Supplemental Appropriation Act, 1973, respectively, and provided for the appointment and compensation of specified employees of the Senate by the Secretary of the Senate. Section 61a-6, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 808, was effective Aug. 1, 1970. Section 61a-7, Pub. L. 92-51, July 9, 1971, 85 Stat. 125, was effective July 1, 1971. Section 61a-8, Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1504, was effective Nov. 1, 1972. ------DocID 11533 Document 75 of 470------ -CITE- 8 USC Sec. 331 to 339 -EXPCITE- TITLE 8 CHAPTER 8 -HEAD- Sec. 331 to 339. Repealed. Pub. L. 93-461, Oct. 20, 1974, 88 Stat. 1387 -MISC1- Section 331, R.S. Sec. 2158, prohibited cooly trade. Section 332, R.S. Sec. 2159; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, related to forfeiture of vessels engaged in cooly trade. Section 333, R.S. Sec. 2160, related to penalty for building vessels to engage in cooly trade. Section 334, R.S. Sec. 2161, related to punishment for engaging in cooly trade. Section 335, R.S. Sec. 2162, excepted voluntary emigration of coolies from prohibition. Section 336, act Mar. 3, 1875, ch. 141, Sec. 1, 18 Stat. 477, related to inquiry and certification by consular officers. Section 337, R.S. Sec. 2163, related to examination of vessels. Section 338, act Mar. 3, 1875, ch. 141, Sec. 2, 18 Stat. 477, related to penalties for involuntary transportation of Chinese, Japanese, and others for purpose of holding to service. Section 339, act Mar. 3, 1875, ch. 141, Sec. 4, 18 Stat. 477, related to punishment for contracting to supply cooly labor. ------DocID 11534 Document 76 of 470------ -CITE- 8 USC CHAPTER 9 -EXPCITE- TITLE 8 CHAPTER 9 -HEAD- CHAPTER 9 - MISCELLANEOUS PROVISIONS ------DocID 11535 Document 77 of 470------ -CITE- 8 USC Sec. 351 to 416 -EXPCITE- TITLE 8 CHAPTER 9 -HEAD- Sec. 351 to 416. Repealed or transferred -MISC1- These sections, relating to naturalization, were in large degree affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See notes below for history of individual sections. Sections 351 to 354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. Sections 351 to 353 were from act June 29, 1906, ch. 3592, Sec. 1, 34 Stat. 596, and section 354 was from act May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544. See section 1443 of this title. See also section 1551 et seq. of this title for general provisions relating to Immigration and Naturalization Service. Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901, Sec. 1, 45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 982. Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 356, relating to regulations for execution of naturalization laws and use of copies of papers in evidence, was from acts June 29, 1906, ch. 3592, Sec. 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, Sec. 8, 45 Stat. 1515; see section 1443 of this title. Section 356a, relating to quarters for photographic studio in New York City, was from act May 25, 1932, ch. 203, Sec. 9, 47 Stat. 166; see section 1443(g) of this title. Sections 357 (from act June 29, 1906, ch. 3592, Sec. 3, 34 Stat. 596, as amended Mar. 3, 1911, ch. 231, Sec. 289, 36 Stat. 1167; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; June 25, 1936, ch. 804, 49 Stat. 1921), 358 (from act Mar. 2, 1917, ch. 145, Sec. 41, 39 Stat. 965), and 358a (from act Feb. 25, 1927, ch. 192, Sec. 4, 44 Stat. 1235), related to jurisdiction of naturalization courts; see section 1421 of this title. Section 359, relating to racial limitation of naturalization, was from R.S. Sec. 2169 (revised from act July 14, 1870, ch. 254, Sec. 7, 16 Stat. 256), and acts Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 318; May 9, 1918, ch. 69, Sec. 2, 40 Stat. 547. According to a communication of Jan. 8, 1943, the Immigration and Naturalization Service stated that it was the opinion of that office that said section 359 was superseded by former section 703 of this title. See section 1422 of this title. Section 360, relating to admission of persons not citizens owing permanent allegiance to the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, Sec. 30, 34 Stat. 606. See section 1436 of this title. Section 361, relating to period of residence required for citizenship, was repealed by act Mar. 2, 1929, ch. 536, 45 Stat. 1514. It was from R.S. Sec. 2170, which was revised from act Mar. 3, 1813, ch. 42, Sec. 12, 2 Stat. 811. See section 1427 of this title. Section 362, forbidding naturalization of citizens within thirty days preceding a general election, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, Sec. 6, 34 Stat. 598. See section 1447(c) of this title. Section 363, making Chinese inadmissible to citizenship, was repealed by act Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600. It was from act May 6, 1882, ch. 126, Sec. 14, 22 Stat. 61. Sections 364 to 366a, relating to persons inadmissible to citizenship, were repealed by act Oct. 14, 1940, ch. 876. title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 364 and 365 were from act June 29, 1906, ch. 3592, Sec. 7, 8, respectively, 34 Stat. 598, 599; see sections 1424 and 1423, respectively, of this title. Section 366 was from acts May 18, 1917, ch. 15, Sec. 2, 40 Stat. 77; July 9, 1918, ch. 143, Sec. 4, 40 Stat. 885. Section 366a was from act Feb. 11, 1931, ch. 118, 46 Stat. 1087. Sections 367 to 368a, relating to naturalization of women, were repealed by act Oct. 14, 1940, ch. 876. title I, subch. V, Sec. 504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411, Sec. 1, 2, 3(c), respectively, 42 Stat. 1021, 1022, as amended Mar. 3, 1931, ch. 442, Sec. 4(a), 46 Stat 1511; May 17, 1932, ch. 190, 47 Stat. 158; May 24, 1934, ch. 344, Sec. 4, 48 Stat. 797. On the subject of section 367 see section 1422 of this title, and on the subject of 368, see section 1430 of this title. Section 368b, relating to citizenship of women born in Hawaii prior to June 14, 1900, was repealed by act June 27, 1952, ch. 477, title IV, Sec. 403(a)(34), 66 Stat. 280. It was from acts July 2, 1932, ch. 395, 47 Stat. 571; July 1, 1940, ch. 495, 54 Stat. 707. Sections 369 and 369a, relating to naturalization of women, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411, Sec. 4, 3(b), respectively, 42 Stat. 1022, as amended July 3, 1930, ch. 835, Sec. 2(a), 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec. 4(a), 46 Stat. 1511. See section 1435(a) of this title. Section 370, relating to naturalization of women married to aliens ineligible to citizenship, was repealed by act Mar. 3, 1931, ch. 442, Sec. 4(b), 46 Stat. 1512. It was from act Sept. 22, 1922, ch. 411, Sec. 5, 42 Stat. 1022. Section 371, relating to naturalization of wives and children of aliens becoming insane after declaration of intention to become citizens, was repealed by act May 24, 1934, ch. 344, Sec. 5, 48 Stat. 798, which provided that such repeal should 'not affect any right or privilege or terminate any citizenship acquired under' the section before its repeal. Section was from act Feb. 24, 1911, ch. 151, 36 Stat. 929. Sections 372 to 373 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 372, relating to procedure for naturalization, was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; see section 1421(d) of this title. Section 372a, relating to naturalization of former citizens, was from act Mar. 3, 1931, ch. 442, Sec. 3, 46 Stat. 1511. Section 373, relating to declaration of intention to become citizen, was from acts June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; Mar. 4, 1929, ch. 683, Sec. 1, 45 Stat. 1545; June 20, 1939, ch. 224, Sec. 1, 53 Stat. 843; see section 1445(f) of this title. Section 374, making it unlawful to make a declaration of intention on election day, was repealed by act May 25, 1926, ch. 388, Sec. 1, 44 Stat. 652. It was from act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544. Section 375, providing that declarations of intention should not be required of widow or minor children of aliens dying after having filed a declaration of intention, was repealed by act May 24, 1934, ch. 344, Sec. 5, 48 Stat. 798, which provided that such repeal should 'not affect any right or privilege or teminate any citizenship acquired under' the section before its repeal. Section was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 597. Section 375a, act July 2, 1940, ch. 512, Sec. 1, 2, 54 Stat. 715, relating to exemption from declaration of intention and filing of petition by children spending childhood in United States, was repealed by act June 27, 1952, ch. 477, title IV, Sec. 403(a)(40), 66 Stat. 280. Section 376, providing that alien seamen declarants should be deemed citizens for purposes of protection, was repealed by act June 15, 1935, ch. 255, Sec. 1, 49 Stat. 376. It was from act June 29, 1906, ch. 3592, Sec. 4(8), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544. Section 377, authorizing naturalization of certain aliens erroneously exercising rights and duties of citizenship prior to July 1, 1920, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, Sec. 4(10), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 545, and amended May 25, 1932, ch. 203, Sec. 10, 47 Stat. 166. Section 377a, related to naturalization of inhabitants of Virgin Islands. It was from acts Feb. 25, 1927, ch. 192, Sec. 2, 44 Stat. 1234; May 17, 1932, ch. 190, 47 Stat. 158. Sections 377b to 382c were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 377b, requiring lawful entry and certificate of arrival as prerequisite to declaration of intention, was from acts Mar. 2, 1929, ch. 536, Sec. 4, 45 Stat. 1513; May 25, 1932, ch. 203, Sec. 6, 47 Stat. 166; similar provisions were contained in former section 729(b) of this title. Section 377c, relating to photographs of aliens seeking to become citizens, was from act June 29, 1906, ch. 3592, Sec. 36, as added Mar. 2, 1929, ch. 536, Sec. 9, 45 Stat. 1516; see section 1444 of this title. Section 378, enumerating conditions under which alien enemies could be naturalized, was from act June 29, 1906, ch. 3592, Sec. 4(11), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 545; see section 1442 of this title. Section 379, relating to petitions for naturalization, was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596, as amended Mar. 2, 1929, ch. 536, Sec. 6(a), 45 Stat. 1513; June 20, 1939, ch. 224, Sec. 2, 53 Stat. 843; see sections 1445 and 1446(f) of this title. Section 380, providing that certificate of arrival and declaration of intention should be made a part of petition for naturalization was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; see section 1445(a), (b) of this title. Section 380a, relating to fees for issuance of certificates of arrival, was from acts Mar. 2, 1929, ch. 536, Sec. 5, 45 Stat. 1513; Apr. 19, 1934, ch. 154, Sec. 3, 48 Stat. 597; see section 1455(a)(2) of this title. Section 380b, defining county as used in former sections 379, 382, and 388 of this title, was from act June 29, 1906, ch. 3592, Sec. 35, as added Mar. 2, 1929, ch. 536, Sec. 9, 45 Stat. 1516, and amended May 17, 1932, ch. 190, 47 Stat. 158. Sections 381 and 382(c), relating to oaths of aliens admitted to citizenship and certain prerequisites to admission, respectively, were from acts June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; Mar. 2, 1929, ch. 536, Sec. 6b, 45 Stat. 1513; June 25, 1936, ch. 811, Sec. 1, 49 Stat. 1925; June 29, 1938, ch. 819, 52 Stat. 1247; June 20, 1939, ch. 224, Sec. 3, 53 Stat. 844; on the subject of section 381 see section 1448 of this title; and on the subject of section 382 see sections 1427, 1430(b) and 1446(g) of this title. Sections 382a, relating to absence from country as affecting continuity of residence for purpose of naturalization, was from act June 25, 1936, ch. 811, Sec. 2, 49 Stat. 1925; see section 1427(c) of this title. Sections 382b and 382c, relating to temporary absences of clergymen as affecting continuity of residence, were from act Aug. 9, 1939, ch. 610, Sec. 1, 2, respectively, 53 Stat. 1273; see sections 1428 and 1443(a), respectively, of this title. Section 383, relating to proof of residence by deposition, was repealed by act Mar. 2, 1929, ch. 536, Sec. 6(e), 45 Stat. 1514. It was from act June 29, 1906, ch. 3592, Sec. 10, 34 Stat. 599. Section 384, relating to residence of aliens serving on vessels of foreign registry, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544, and amended May 25, 1932, ch. 203, Sec. 3, 47 Stat. 165. See section 1441(a)(2) of this title. Section 385, related to validation of Hawaiian jurisdiction exercised prior to Sept. 27, 1906. It was from acts Apr. 30, 1900, ch. 339, Sec. 100, 31 Stat. 161; May 27, 1910, ch. 258, Sec. 9, 36 Stat. 448; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 386 to 389 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 386, providing for the renunciation of titles of nobility by aliens seeking citizenship, was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; see section 1448(b) of this title. Section 387, relating to reimbursement for publication of citizenship textbooks, was from act June 29, 1906, ch. 3592, Sec. 4(9), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544; see sections 1443 (b) and 1457 of this title. Section 388, relating to residence requirements for certain Filipinos and Puerto Ricans serving in military service, was from act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 542; June 4, 1920, ch. 227, Sec. 30, 41 Stat. 776; Mar. 2, 1929, ch. 536, Sec. 6(c), (d), 45 Stat. 1514; May 17, 1932, ch. 190, 47 Stat. 158; May 25, 1932, ch. 203, Sec. 2(a), 47 Stat. 165; July 30, 1937, ch. 545, Sec. 3, 50 Stat. 548; see sections 1427, 1439, and 1441(a)(1) of this title. Section 389, relating to residence of aliens conditionally serving in military services after honorable discharge, was from act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 542. Section 389a, relating to naturalization of alien veterans of World War I, was repealed by act June 27, 1952, ch. 477, title IV, Sec. 403(a)(37), 66 Stat. 280. It was from act Aug. 19, 1937, ch. 698, Sec. 2, as added Aug. 16, 1940, ch. 684, 54 Stat. 789. Sections 390 to 392, relating to naturalization of alien veterans of World War I, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. They were from act June 29, 1906, ch. 3592, Sec. 4(7), 4(13), and 4(7), respectively, as added May 19, 1918, ch. 69, Sec. 1, 40 Stat. 542 to 544. See section 1439 of this title. Sections 392a to 392d related to naturalization of alien veterans of World War I. Sections 392b to 392d were repealed by act Oct. 11, 1940, ch. 876 title I, subch. V, Sec. 504, 54 Stat. 1172. Section 392a was from acts May 26, 1926, ch. 398, Sec. 7, 44 Stat. 655; Mar. 4, 1929, ch. 683, Sec. 3, 45 Stat. 1546. Sections 392b to 392d were from acts May 25, 1932, ch. 203, Sec. 1, 47 Stat. 165; Ex. Ord. No. 6166, Sec. 14, June 10, 1933; June 24, 1935, ch. 288, Sec. 1 to 3, 49 Stat. 395; Aug. 23, 1937, ch. 735, Sec. 1 to 3, 50 Stat. 743, 744; June 21, 1939, ch, 234, Sec. 1 to 3, 53 Stat. 851. Sections 392e to 398 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 392e to 392g, relating to naturalization of alien veterans of World War I formerly ineligible because of race, were from act June 24, 1935, ch. 290, Sec. 1-3, respectively, 49 Stat. 397, 398. Sections 393 to 395, relating to naturalization of alien veterans, were from act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 2, 40 Stat. 543; see sections 1439 and 1441(a)(1) of this title. Sections 396 to 398, relating to time of filing petition, subpoena of witnesses, and final hearings on petitions, respectively, were from act June 29, 1906, ch. 3592, Sec. 6, 5, 9, respectively, 34 Stat. 598, 599, as amended Mar. 3, 1931, ch. 442, Sec. 1, 2, 46 Stat. 1511; see sections 1445(c) and 1447(a), (e) of this title. Section 398a, act May 3, 1940, ch. 183, Sec. 2, 54 Stat. 178, related to patriotic address to new citizens. See section 154 of Title 36, Patriotic Societies and Observances. Sections 399 to 402 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 399, authorizing the United States to appear and oppose the right of aliens to naturalization, was from act June 29, 1906, ch. 3592, Sec. 11, 34 Stat. 599; see section 1447 of this title. Section 399a, relating to preliminary examination of petitioners for naturalization, was from act June 8, 1926, ch. 502, 44 Stat. 709; see sections 1446 and 1447 of this title. Sections 399b to 399d, relating to certificates of citizenship, were from acts June 29, 1906, ch. 3592, Sec. 32 to 34, respectively, as added Mar. 2, 1929, ch. 536, Sec. 9, 45 Stat. 1515, and amended May 25, 1932, ch. 203, Sec. 4, 5, 47 Stat. 165; Apr. 19, 1934, ch. 154, Sec. 2, 4, 48 Stat. 597; see sections 1452, 1454 and 1455(g) of this title. Section 399e, relating to annual reports of Commissioner of Immigration, was from act Mar. 2, 1929, ch. 536, Sec. 10, 45 Stat. 1516; see section 1458 of this title. Section 399f, relating to counsel fees in naturalization proceedings, was from act Apr. 19, 1934, ch. 154, Sec. 5, 48 Stat. 598; see section 1455 of this title. Sections 400 to 402, relating to clerks of naturalization courts and their fees and clerical assistants, were from acts June 29, 1906, ch. 3592, Sec. 12, 13, 34 Stat. 599, as amended June 25, 1910, ch. 401, Sec. 1, 36 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 171; Feb. 26, 1919, ch. 49, Sec. 1, 2, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24; Mar. 2, 1929, ch. 536, Sec. 7(a), 45 Stat. 1514; and Apr. 19, 1934, ch. 154, Sec. 1, 48 Stat. 597; see sections 1450(a)-(d), 1455, and 1459(b), (c) of this title. Section 402a, related to disposition of fees received by clerks of courts. It was from act Mar. 2, 1929, ch. 536, Sec. 7(b), 45 Stat. 1515; Ex. Ord. No. 6166, Sec. 14, June 10, 1933. See section 1455(e) of this title. Sections 403 to 405 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 403 and 404, relating to fees collectible from alien soldiers, and to recording declarations and petitions, respectively, were from act June 29, 1906, ch. 3592, Sec. 4(7), 14, respectively, 34 Stat. 601, as amended May 9, 1918, ch. 69, Sec. 1 40 Stat. 544; see sections 1450(e) and 1455(h) of this title. Section 405, relating to cancellation of certificates of citizenship, was from acts June 29, 1906, ch. 3592, Sec. 15, 34 Stat. 601; May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544; see section 1451 of this title. Sections 406 and 407 validated certain certificates of naturalization. They were from acts May 9, 1918, ch. 69, Sec. 3, 40 Stat. 548, and June 29, 1906, ch. 3624, Sec. 1, 34 Stat. 630, respectively. Sections 408 to 415 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 408 and 409, relating to naturalization forms, were from act June 29, 1906, ch. 3592, Sec. 3, 27, respectively, 34 Stat. 596, 603; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; May 9, 1918, ch. 69, Sec. 3, 40 Stat. 548; on the subject of section 408 see sections 1421(c) and 1443(c) of this title, and on the subject of section 409 see sections 1445(a)-(d), (f), and 1449 of this title. Sections 410 to 415, relating to the punishment of crimes in connection with the naturalization of aliens, were from act June 29, 1906, ch. 3592, Sec. 18, 20-24, respectively, 34 Stat. 602, 603; present provisions are contained in sections 1451(a), (b), (d), (e), (g)-(i) and 1459 of this title and sections 911, 1015, 1421-1429, 1719 and 3282 of Title 18, Crimes and Criminal Procedure. Section 416, authorizing punishment of offenses against naturalization laws committed prior to May 9, 1918, under laws then in effect but since repealed, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from act May 9, 1918, ch. 69, Sec. 2, 40 Stat. 547. See note set out under section 1101 of this title. ------DocID 11536 Document 78 of 470------ -CITE- 8 USC CHAPTER 10 -EXPCITE- TITLE 8 CHAPTER 10 -HEAD- CHAPTER 10 - ALIEN REGISTRATION ------DocID 11537 Document 79 of 470------ -CITE- 8 USC Sec. 451 to 460 -EXPCITE- TITLE 8 CHAPTER 10 -HEAD- Sec. 451 to 460. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(39), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 451, act June 28, 1940, ch. 439, title III, Sec. 30, 54 Stat. 673, required an alien seeking entry into United States to be registered and fingerprinted before the issuance to him of a visa. See sections 1182(a)(20), (26), 1201(b) and 1301 of this title. Section 452, act June 28, 1940, ch. 439, title III, Sec. 31, 54 Stat. 673, related to registration of aliens in United States. See section 1302 of this title. Section 453, act June 28, 1940, ch. 439, title III, Sec. 32, 54 Stat. 674, related to special provisions governing registration. See section 1303 of this title. Section 454, act June 28, 1940, ch. 439, title III, Sec. 33, 54 Stat. 674, related to places of registration and duties of postmasters. Section 455, act June 28, 1940, ch. 439, title III, Sec. 34, 54 Stat. 674, related to forms and procedure, confidential status of records and oaths in connection with the registration and fingerprinting of aliens. See section 1304 of this title. Section 456, acts June 28, 1940, ch. 439, title III, Sec. 35, 54 Stat. 675; Sept. 23, 1950, ch. 1024, title I, Sec. 24(a), 64 Stat. 1012, related to notice of change of address. See section 1305 of this title. Section 457, acts June 28, 1940, ch. 439, title III, Sec. 36, 54 Stat. 675; Oct. 13, 1941, ch. 432, 55 Stat. 736; Sept. 23, 1950, ch. 1024, title I, Sec. 24(b), 64 Stat. 1013, related to penalties. See section 1306 of this title. Section 458, act June 28, 1940, ch. 439, title III, Sec. 37, 54 Stat. 675, related to administration and enforcement of registration law. See section 1306 of this title. Section 459, act June 28, 1940, ch. 439, title III, Sec. 38, 54 Stat. 675, related to definitions and effective date. See section 1101(a)(8), (38) of this title. Section 460, act June 28, 1940, ch. 439, title III, Sec. 39, 54 Stat. 676, related to registration of aliens in Canal Zone. NATIONALITY ACT OF 1940 On October 14, 1940, and subsequent to the enactment of former section 451 et seq. of this title, Congress passed the Nationality Act of 1940 (former section 501 et seq. of this title) for the purpose of consolidating and restating the laws of the United States upon citizenship, naturalization and expatriation. Said act contained further provisions relating to registry of aliens (former sections 728 and 746(l) of this title), and former section 504 thereof, in addition to certain specific repeals, provided that all acts or parts of acts in conflict therewith were thereby repealed. ------DocID 11538 Document 80 of 470------ -CITE- 8 USC CHAPTER 11 -EXPCITE- TITLE 8 CHAPTER 11 -HEAD- CHAPTER 11 - NATIONALITY ------DocID 11539 Document 81 of 470------ -CITE- 8 USC SUBCHAPTER I -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER I -HEAD- SUBCHAPTER I - DEFINITIONS ------DocID 11540 Document 82 of 470------ -CITE- 8 USC Sec. 501 to 504 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 501 to 504. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Sections, act Oct. 14, 1940, ch. 876, title I, subch. I, Sec. 101-104, 54 Stat. 1137, 1138, related to definitions and place of general abode. See various provisions of section 1101 of this title. ------DocID 11541 Document 83 of 470------ -CITE- 8 USC SUBCHAPTER II -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER II -HEAD- SUBCHAPTER II - NATIONALITY AT BIRTH ------DocID 11542 Document 84 of 470------ -CITE- 8 USC Sec. 601 to 605 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 601 to 605. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 601, acts Oct. 14, 1940, ch. 876, title I, subch. II, Sec. 201, 54 Stat. 1138; July 31, 1946, ch. 708, 60 Stat. 721, related to persons born nationals and citizens. See section 1401 of this title. Sections 602 to 605, act Oct. 14, 1940, ch. 876, title I, subch. II, Sec. 202-205, 54 Stat. 1139, related to citizens by birth in Puerto Rico, Canal Zone or Panama, nationals but not citizens and children born out of wedlock. See sections 1402, 1403, 1408, 1409(a), (c), and 1407, respectively, of this title. ------DocID 11543 Document 85 of 470------ -CITE- 8 USC Sec. 606 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 606. Transferred -COD- CODIFICATION Section transferred to section 1421l of Title 48, Territories and Insular Possessions. That section was later repealed. See section 1407 of this title. ------DocID 11544 Document 86 of 470------ -CITE- 8 USC SUBCHAPTER III -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION ------DocID 11545 Document 87 of 470------ -CITE- 8 USC Sec. 701 to 724a -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 701 to 724a. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952 -MISC1- Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 301, 54 Stat. 1140, related to jurisdiction to naturalize. See section 1421 of this title. Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See section 1422 of this title. Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, Sec. 3, 57 Stat. 601; July 2, 1946, ch. 534, Sec. 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, Sec. 4(b), 64 Stat. 385, related to races affecting eligibility. See section 1422 of this title. Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, Sec. 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See section 1423 of this title. Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, Sec. 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424(a)-(c), 1427(f), and 1451(c) of this title. Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See section 1425 of this title. Section 707, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 307, 54 Stat. 1142, related to residence as affecting eligibility. See sections 1427(a)-(c) and 1441(a)(2) of this title. Section 708, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 308, 54 Stat. 1143, related to temporary absence of clergyman as affecting eligibility. See section 1428 of this title. Section 709, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 309, 54 Stat. 1143, related to requirements as to proof of eligibility. See sections 1446(f)-(h) and 1447(e) of this title. Section 710, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 310, 54 Stat. 1144, related to married persons being excepted from certain requirements. See section 1430(a) of this title. Section 711, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 311, 54 Stat. 1145, related to spouse of United States citizen residing in United States, in marital union prior to petition. See section 1430(a) of this title. Section 712, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 312, 54 Stat. 1145, related to alien whose spouse is United States citizen regularly stationed abroad by United States employer. See section 1430(b) of this title. Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 313, 54 Stat. 1145, related to children born outside United States, one parent a continuous United States citizen and the other an alien subsequently naturalized. See section 1431 of this title. Section 714, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 314, 54 Stat. 1145, related to children born outside United States, both parents aliens, or one an alien and the other a citizen subsequently losing citizenship. See section 1432 of this title. Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 315, 54 Stat. 1146, related to children born of one parent a United States citizen. See section 1433 of this title. Section 716, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 316, 54 Stat. 1146, related to children adopted by United States citizens. See section 1434(a) of this title. Section 717, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 317, 54 Stat. 1146, related to former citizens being excepted from certain requirements. See sections 1435(a), (c) and 1482 of this title. Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 318-320, 54 Stat. 1147, 1148, related respectively to citizenship lost by parent's expatriation, minor child's citizenship lost through cancellation of parent's naturalization and the exception from certain requirements of persons misinformed of citizenship status. Sections 718 and 719 are covered by sections 1482 and 1451(f), respectively, of this title. Section 720a, act July 2, 1940, ch. 512, Sec. 1, 2, 54 Stat. 715, related to aliens spending childhood in United States as excepted from certain requirements. Section 721, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 321, 54 Stat. 1148, related to nationals but not citizens of the United States. See section 1436 of this title. Section 721a, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 321a, as added July 2, 1946, ch. 534, Sec. 2, 60 Stat. 417, related to resident Filipinos excepted from certain requirements. See section 1437 of this title. Section 722, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 322, 54 Stat. 1148, related to persons born in Puerto Rico of alien parents. See section 1402 of this title. Section 723, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 323, 54 Stat. 1149; Apr. 2, 1942, ch. 208, 56 Stat. 198; Aug. 7, 1946, ch. 769, 60 Stat. 865; Aug. 16, 1951, ch. 321, Sec. 2, 65 Stat. 191, related to former United States citizens losing citizenship by entering armed forces of nonenemy countries during World Wars I and II. See section 1438(a) of this title. Section 723a, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 323a, as added Dec. 7, 1942, ch. 690, 56 Stat. 1041, related to naturalization of persons serving in the armed forces of United States during World War I and earlier wars. See section 1440(a) of this title. Section 724, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 324, 54 Stat. 1149; July 2, 1946, ch. 534, Sec. 3, 60 Stat. 417, related to persons serving in the armed forces of the United States. See section 1439 of this title. Section 724a, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 324a, as added June 1, 1948, ch. 360, Sec. 1, 62 Stat. 282, and amended June 29, 1949, ch. 274, 63 Stat. 282, related to persons serving on active duty in armed forces of United States during World Wars I and II. See section 1440(a)-(c) of this title. ------DocID 11546 Document 88 of 470------ -CITE- 8 USC Sec. 724a-1 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 724a-1. Transferred -COD- CODIFICATION Section, acts June 30, 1950, ch. 443, Sec. 4, 64 Stat. 316; June 27, 1952, ch. 477, title IV, Sec. 402(e), 66 Stat. 276, is set out as a note under section 1440 of this title. ------DocID 11547 Document 89 of 470------ -CITE- 8 USC Sec. 725 to 727 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 725 to 727. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 725, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 325, 54 Stat. 1150; Sept. 23, 1950, ch. 1024, title I, Sec. 26, 64 Stat. 1015, related to aliens serving on certain United States vessels. See section 1441(a)(1) of this title. Section 726, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 326, 54 Stat. 1150, related to alien enemies. See section 1442(a)-(c), (e) of this title. Section 727, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 327, 54 Stat. 1150; May 16, 1947, ch. 72, 61 Stat. 97, related to administration of naturalization laws. See section 1443 of this title. ------DocID 11548 Document 90 of 470------ -CITE- 8 USC Sec. 727a -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 727a. Repealed. Feb. 29, 1952, ch. 49, Sec. 3, 66 Stat. 10 -MISC1- Section, act May 3, 1940, ch. 183, Sec. 2, 54 Stat. 178, related to patriotic address to new citizens. See section 154 of Title 36, Patriotic Societies and Observances. ------DocID 11549 Document 91 of 470------ -CITE- 8 USC Sec. 728 to 746 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 728 to 746. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), (46), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 728, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 328, 54 Stat. 1151, related to registration of aliens. See sections 1230 and 1259 of this title. Section 729, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 329, 54 Stat. 1152; Sept. 23, 1950, ch. 1024, title I, Sec. 27, 64 Stat. 1015, related to certificate of arrival. See section 1429 of this title. Section 730, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 330, 54 Stat. 1152, related to photographs. See section 1444 of this title. Section 731, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 331, 54 Stat. 1153; May 31, 1947, ch. 87, Sec. 1, 61 Stat. 121, related to declaration of intention. See section 1445(f) of this title. Section 732, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 332, 54 Stat. 1154; May 31, 1947, ch. 87, Sec. 2, 61 Stat. 122; June 25, 1948, ch. 656, 62 Stat. 1026, related to petition for naturalization. See section 1445(a)-(d) of this title. Section 732a, act May 31, 1947, ch. 87, Sec. 5, 61 Stat. 122, related to waiver of appearance or petition for naturalization. See section 1445(e) of this title. Section 733, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 333, 54 Stat. 1156; Sept. 23, 1950, ch. 1024, title I, Sec. 28(a), 64 Stat. 1016, related to hearings on petitions. See section 1446(a)-(e) of this title. Section 734, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 334, 54 Stat. 1156; May 31, 1947, ch. 87, Sec. 3, 61 Stat. 122; Sept. 23, 1950, ch. 1024, title I, Sec. 28(b), 64 Stat. 1016, related to final hearings. See section 1447(a)-(d), (f) of this title. Section 735, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 335, 54 Stat. 1157; May 31, 1947, ch. 87, Sec. 4, 61 Stat. 122; Sept. 23, 1950, ch. 1024, title I, Sec. 29, 64 Stat. 1017, related to oath of renunciation and allegiance. See section 1448 of this title. Section 736, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 336, 54 Stat. 1157, related to certificate of naturalization. See section 1449 of this title. Section 737, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 337, 54 Stat. 1158, related to functions and duties of the clerks of courts. See sections 1449 and 1450 of this title. Section 738, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 338, 54 Stat. 1158, related to revocation of naturalization. See section 1451(a), (b), (d), (e), (g)-(i) of this title. Section 739, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 339, 54 Stat. 1160; Jan. 20, 1944, ch. 2, Sec. 3, 58 Stat. 4; July 23, 1947, ch. 304, Sec. 2, 61 Stat. 414, related to certificates of derivative citizenship. See section 1452 of this title. Section 740, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 340, 54 Stat. 1160, related to revocation of certificates issued by the commissioner or deputy. See section 1453 of this title. Section 741, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 341, 54 Stat. 1160, related to documents and copies issued by commissioner or deputy. See section 1454 of this title. Section 742, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 342, 54 Stat. 1161; Jan. 20, 1944, ch. 2, Sec. 3, 58 Stat. 5; Sept. 27, 1944, ch. 415, 58 Stat. 745; Sept. 28, 1944, ch. 446, Sec. 1, 2, 58 Stat. 755; Nov. 21, 1945, ch. 490, 59 Stat. 585; July 1, 1947, ch. 194, 61 Stat. 240, related to fiscal provisions. See section 1455 of this title. Sections 743 to 745, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 343-345, 54 Stat. 1163, related to mail, textbooks, and compilation of naturalization statistics. See sections 1457 and 1458 of this title. Section 746, acts Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 346, 54 Stat. 1163; June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, related to penal provisions. See section 1459 of this title and sections 911, 1015, 1421-1429, 1719, and 3282 of Title 18, Crimes and Criminal Procedure. ------DocID 11550 Document 92 of 470------ -CITE- 8 USC Sec. 747 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 747. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 347, 54 Stat. 1168, related to saving clauses. Similar subject matter is contained in note under section 1101 of this title. ------DocID 11551 Document 93 of 470------ -CITE- 8 USC SUBCHAPTER IV -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - LOSS OF NATIONALITY ------DocID 11552 Document 94 of 470------ -CITE- 8 USC Sec. 800 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 800. Transferred -COD- CODIFICATION Section, R.S. Sec. 1999, is set out as a note under section 1481 of this title. ------DocID 11553 Document 95 of 470------ -CITE- 8 USC Sec. 801 to 810 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 801 to 810. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 801, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 401, 54 Stat. 1168; Jan. 20, 1944, ch. 2, Sec. 1, 58 Stat. 4; July 1, 1944, ch. 368, Sec. 1, 58 Stat. 677; Sept. 27, 1944, ch. 418, Sec. 1, 58 Stat. 746, related to general means of losing United States nationality. See section 1481(a) of this title. Section 802, act Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 402, 54 Stat. 1169, related to presumption of expatriation. See section 1482 of this title. Section 803, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 403, 54 Stat. 1169; July 1, 1944, ch. 368, Sec. 2, 58 Stat. 677, related to restrictions on expatriation. See sections 1482 and 1483(b) of this title. Section 804, act Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 404, 54 Stat. 1170, related to expatriation of naturalized nationals by residence abroad. See section 1484(a) of this title. Section 805, act Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 405, 54 Stat. 1170, related to exceptions in the case of persons employed or compensated by United States while residing abroad. See section 1485(1), (2) of this title. Section 806, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 406, 54 Stat. 1170; Dec. 8, 1942, ch. 696, 56 Stat. 1043; Dec. 24, 1942, ch. 819, 56 Stat. 1085, related to additional exceptions. See section 1485(3)-(9) of this title. Section 807, act Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 407, 54 Stat. 1170, related to minor children of naturalized nationals losing nationality by foreign residence. See section 1487 of this title. Section 808, act Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 408, 54 Stat. 1171, related to exclusiveness of means of losing nationality. See section 1488 of this title. Section 809, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 409, 54 Stat. 1171; Oct. 16, 1941, ch. 446, 55 Stat. 743; Oct. 9, 1942, ch. 585, 56 Stat. 779; Sept. 27, 1944, ch. 419, 58 Stat. 747; Oct. 11, 1945, ch. 410, 59 Stat. 544, related to nationality not lost under sections 804 or 807 until October, 1942. See section 1487 of this title. Section 810, act Oct. 14, 1940, ch. 876, title I, subchap. IV, Sec. 410, 54 Stat. 1171, related to chapter being inapplicable where it contravened convention of treaties. See section 1489 of this title. ------DocID 11554 Document 96 of 470------ -CITE- 8 USC SUBCHAPTER V -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER V -HEAD- SUBCHAPTER V - MISCELLANEOUS ------DocID 11555 Document 97 of 470------ -CITE- 8 USC Sec. 901 to 903 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 901 to 903. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 901, act Oct. 14, 1940, ch. 876, title I, subchap. V, Sec. 501, 54 Stat. 1171, related to procedure when diplomatic officials believe that persons in foreign state have lost American nationality. See section 1501 of this title. Section 902, act Oct. 14, 1940, ch. 876, title I, subchap. V, Sec. 502, 54 Stat. 1171, related to certificates of nationality for non-naturalized United States nationals. See section 1502 of this title. Section 903, act Oct. 14, 1940, ch. 876, title I, subchap. V, Sec. 503, 54 Stat. 1171, related to judicial proceedings for declaration of United States nationality in event of denial of rights and privileges as national. See section 1503 of this title. ------DocID 11556 Document 98 of 470------ -CITE- 8 USC Sec. 903a, 903b -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 903a, 903b. Transferred -COD- CODIFICATION Sections 903a and 903b transferred to sections 1731 and 1732, respectively, of Title 22, Foreign Relations and Intercourse. ------DocID 11557 Document 99 of 470------ -CITE- 8 USC Sec. 904 to 907 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 904 to 907. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 904, act Oct. 14, 1940, ch. 876, title I, subchap. V, Sec. 504, 54 Stat. 1172, related to repeals. Section 905, act Oct. 14, 1940, ch. 876, title I, subchap. V, Sec. 505, 54 Stat. 1174, related to separability clause. Section 906, act Oct. 14, 1940, ch. 876, title I, subchap. V, Sec. 505, 54 Stat. 1174, related to effective date of chapter. Section 907, act Oct. 14, 1940, ch. 876, title I, Sec. 1, 54 Stat. 1137, related to short title of chapter. SPECIFIC REPEALS BY ACT OCTOBER 14, 1940 In addition to the provisions from which former section 904 was taken, section 504 of act Oct. 14, 1940, specifically repealed all or parts of the following: Title 8, Sec. 1, 3, 5a-1, 5d, 5e, 6, 7, 8, 9, 9a, 11, 16, 17, 17a, 18, 106, 106a, 106b, 106c, 351, 352, 353, 354, 356, 356a, 357, 358, 358a, 360, 362, 364, 365, 366, 366a, 367, 368, 368a, 369, 369a, 372, 372a, 373, 377, 377b, 377c, 378, 379, 380, 380a, 380b, 381, 382, 382a, 382b, 382c, 384, 385, 386, 387, 388, 389, 390, 391, 392, 392b, 392c note, 392d note, 392e, 392f, 392g, 393, 394, 395, 396, 397, 398, 399, 399a, 399b, 399c, 399d, 399e, 399f, 400, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415; Title 18, Sec. 135, 137, 138, 139, 140, 141, 142, 143; Title 39, Sec. 324; Title 48, Sec. 733b; Title 50 App. Sec. 202. ------DocID 11558 Document 100 of 470------ -CITE- 8 USC SUBCHAPTER VI -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II ------DocID 11559 Document 101 of 470------ -CITE- 8 USC Sec. 1001 to 1006 -EXPCITE- TITLE 8 CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 1001 to 1006. Repealed. June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952 -MISC1- Section 1001, act Oct. 14, 1940, ch. 876, title III, Sec. 701, as added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 182, and amended Dec. 22, 1944, ch. 662, Sec. 1, 58 Stat. 886; Dec. 28, 1945, ch. 590, Sec. 1(c)(1), 59 Stat. 658, related to exceptions from certain requirements of naturalization of persons serving in the armed forces during World War II. See section 1440 of this title. Section 1002, act Oct. 14, 1940, ch. 876, title III, Sec. 702, as added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 182, and amended Dec. 22, 1944, ch. 662, Sec. 2, 58 Stat. 887, related to alien serving outside of jurisdiction of naturalization court. See section 1440 of this title. Section 1003, act Oct. 14, 1940, ch. 876, title III, Sec. 703, as added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 183, related to waiver of notice to commissioner in case of alien enemy. See section 1440 of this title. Section 1004, act Oct. 14, 1940, ch. 876, title III, Sec. 704, as added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 183, related to persons excepted from former subchapter. See section 1440 of this title. Section 1005, act Oct. 14, 1940, ch. 876, title III, Sec. 705, as added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 183, related to forms, rules and regulations. See section 1440 of this title. Section 1006, act Oct. 14, 1940, ch. 876, title III, Sec. 706, as added Dec. 28, 1945, ch. 590, Sec. 1(c)(2), 59 Stat. 658, related to time of service limitation. See section 1440 of this title. ------DocID 11560 Document 102 of 470------ -CITE- 8 USC CHAPTER 12 -EXPCITE- TITLE 8 CHAPTER 12 -HEAD- CHAPTER 12 - IMMIGRATION AND NATIONALITY -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1101. Definitions. 1102. Diplomatic and semidiplomatic immunities. 1103. Powers and duties. (a) Attorney General. (b) Commissioner; appointment. (c) Statistical information system. (d) Annual report. 1104. Powers and duties of Secretary of State; Bureau of Consular Affairs. (a) Powers and duties. (b) Creation of Bureau of Consular Affairs; duties of Assistant Secretary of State for Consular Affairs. (c) Passport Office, Visa Office, and other offices; directors. (d) Transfer of duties. (e) General Counsel of Visa Office; appointment and duties. 1105. Liaison with internal security officers. 1105a. Judicial review of orders of deportation and exclusion. (a) Exclusiveness of procedure. (b) Limitation of certain aliens to habeas corpus proceedings. (c) Exhaustion of administrative remedies or departure from United States; disclosure of prior judicial proceedings. 1106. Repealed. SUBCHAPTER II - IMMIGRATION PART I - SELECTION SYSTEM 1151. Worldwide level of immigration. (a) In general. (b) Aliens not subject to direct numerical limitations. (c) Worldwide level of family-sponsored immigrants. (d) Worldwide level of employment-based immigrants. (e) Worldwide level of diversity immigrants. 1151a. Repealed. 1152. Numerical limitations on individual foreign states. (a) Per country level. (b) Rules for chargeability. (c) Chargeability for dependent areas. (d) Changes in territory. (e) Special rules for countries at ceiling. 1153. Allocation of immigrant visas. (a) Preference allocation for family-sponsored immigrants. (b) Preference allocation for employment-based immigrants. (c) Diversity immigrants. (d) Treatment of family members. (e) Order of consideration. (f) Presumption. (g) Lists. 1154. Procedure for granting immigrant status. (a) Petitioning procedure. (b) Investigation; consultation; approval; authorization to grant preference status. (c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud. (d) Recommendation of valid home-study. (e) Subsequent finding of non-entitlement to preference classification. (f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982. (g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings. 1155. Revocation of approval of petitions; notice of revocation; effective date. 1156. Unused immigrant visas. 1157. Annual admission of refugees and admission of emergency situation refugees. (a) Maximum number of admissions; increases for humanitarian concerns; allocations. (b) Determinations by President respecting number of admissions for humanitarian concerns. (c) Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse or child. (d) Oversight reporting and consultation requirements. (e) 'Appropriate consultation' defined. 1158. Asylum procedure. (a) Establishment by Attorney General; coverage. (b) Termination of asylum by Attorney General; criteria. (c) Status of spouse or child of alien granted asylum. (d) Aliens convicted of aggravated felony. 1159. Adjustment of status of refugees. (a) Criteria and procedures applicable for admission as immigrant; effect of adjustment. (b) Maximum number of adjustments; recordkeeping. (c) Applicability of other Federal statutory requirements. 1160. Special agricultural workers. (a) Lawful residence. (b) Applications for adjustment of status. (c) Waiver of numerical limitations and certain grounds for exclusion. (d) Temporary stay of exclusion or deportation and work authorization for certain applicants. (e) Administrative and judicial review. (f) Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children. (g) Treatment of special agricultural workers. (h) 'Seasonal agricultural services' defined. 1161. Determination of agricultural labor shortages and admission of additional special agricultural workers. (a) Determination of need to admit additional special agricultural workers. (b) Annual numerical limitation on admission of additional special agricultural workers. (c) Admission of additional special agricultural workers. (d) Rights of aliens admitted or adjusted under this section. (e) Determination of admissibility of additional workers. (f) Terms of employment respecting aliens admitted under this section. (g) General definitions. PART II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS 1181. Admission of immigrants into the United States. (a) Documents required; admission under quotas before June 30, 1968. (b) Readmission without required documents; Attorney General's discretion. (c) Nonapplicability to aliens admitted as refugees. 1182. Excludable aliens. (a) Classes of excludable aliens. (b) Notices of denials. (c) Nonapplicability of subsection (a). (d) Temporary admission of nonimmigrants. (e) Educational visitor status; foreign residence requirement; waiver. (f) Suspension of entry or imposition of restrictions by President. (g) Bond and conditions for admission of alien excludable on health-related grounds. (h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E). (i) Admission of alien excludable for fraud or willful misrepresentation of material fact. (j) Limitation on immigration of foreign medical graduates. (k) Attorney General's discretion to admit otherwise excludable aliens who possess immigrant visas. (l) Guam; waiver of requirements for nonimmigrant visitors; conditions of waiver; acceptance of funds from Guam. (m) Requirements for admission of nonimmigrant nurses during five-year period. (n) Labor condition application. 1182a to 1182c. Repealed. 1183. Admission of aliens on giving bond or undertaking; return upon permanent departure. 1184. Admission of nonimmigrants. (a) Regulations. (b) Presumption of status; written waiver. (c) Petition of importing employer; involvement of Departments of Labor and Agriculture. (d) Issuance of visa to fiancee or fiance of citizen. (e) Professionals from Canada. (f) Denial of crewmember status in case of certain labor disputes. (g) Temporary workers and trainees; limitation on numbers. (h) Intention to abandon foreign residence. (i) 'Specialty occupation' defined. 1184a. Philippine Traders as nonimmigrants. 1185. Travel control of citizens and aliens. (a) Restrictions and prohibitions. (b) Citizens. (c) Definitions. (d) Nonadmission of certain aliens. (e) Revocation of proclamation as affecting penalties. (f) Permits to enter. 1186. Transferred. 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters. (a) In general. (b) Termination of status if finding that qualifying marriage improper. (c) Requirements of timely petition and interview for removal of condition. (d) Details of petition and interview. (e) Treatment of period for purposes of naturalization. (f) Treatment of certain waivers. (g) Definitions. 1186b. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children. (a) In general. (b) Termination of status if finding that qualifying entrepreneurship improper. (c) Requirements of timely petition and interview for removal of condition. (d) Details of petition and interview. (e) Treatment of period for purposes of naturalization. (f) Definitions. 1187. Visa waiver pilot program for certain visitors. (a) Establishment of pilot program. (b) Waiver of rights. (c) Designation of pilot program countries. (d) Authority. (e) Carrier agreements. (f) 'Pilot program period' defined. 1188. Admission of temporary H-2A workers. (a) Conditions for approval of H-2A petitions. (b) Conditions for denial of labor certification. (c) Special rules for consideration of applications. (d) Roles of agricultural associations. (e) Expedited administrative appeals of certain determinations. (f) Violators disqualified for 5 years. (g) Authorization of appropriations. (h) Miscellaneous provisions. (i) Definitions. PART III - ISSUANCE OF ENTRY DOCUMENTS 1201. Issuance of visas. (a) Immigrants; nonimmigrants. (b) Registration; photographs; waiver of requirement. (c) Period of validity; requirement of visa. (d) Physical examination. (e) Surrender of visa. (f) Surrender of documents. (g) Nonissuance of visas or other documents. (h) Nonadmission upon arrival. (i) Revocation of visas or documents. 1201a. Repealed. 1202. Application for visas. (a) Immigrant visas. (b) Other documentary evidence for immigrant visa. (c) Nonimmigrant visas; nonimmigrant registration; form, manner and contents of application. (d) Other documentary evidence for nonimmigrant visa. (e) Signing and verification of application. (f) Confidential nature of records. 1203. Reentry permit. (a) Application; contents. (b) Issuance of permit; nonrenewability. (c) Multiple reentries. (d) Presented and surrendered. (e) Permit in lieu of visa. 1204. Immediate relative and special immigrant visas. 1205. Repealed. PART IV - PROVISIONS RELATING TO ENTRY AND EXCLUSION 1221. Lists of alien and citizen passengers arriving and departing. (a) Shipment or aircraft manifest; arrival; form and contents; exclusions. (b) Departure; shipment or aircraft manifest; form and contents; exclusions. (c) Record of citizens and resident aliens leaving permanently for foreign countries. (d) Penalties against noncomplying shipments or aircraft. (e) Waiver of requirements. 1222. Detention of aliens for observation and examination upon arrival. 1223. Repealed. 1224. Physical and mental examinations; appeal of findings. 1225. Inspection by immigration officers. (a) Powers of officers. (b) Detention for further inquiry; challenge of favorable decision. (c) Temporary exclusion; permanent exclusion by Attorney General. 1226. Exclusion of aliens. (a) Proceedings. (b) Appeal. (c) Finality of decision of special inquiry officers. (d) Physical and mental defects. (e) Custody of alien. 1227. Immediate deportation of aliens excluded from admission or entering in violation of law. (a) Maintenance expenses. (b) Unlawful practice of transportation lines. (c) Transportation expense of deportation. (d) Stay of deportation; payment of maintenance expenses. (e) Deportation of alien accompanying physically disabled alien. 1228. Entry through or from foreign contiguous territory and adjacent islands. (a) Necessity of transportation contract. (b) Landing stations. (c) Landing agreements. (d) Definitions. 1229. Designation of ports of entry for aliens arriving by aircraft. 1230. Records of admission. PART V - DEPORTATION; ADJUSTMENT OF STATUS 1251. Deportable aliens. (a) Classes of deportable aliens. (b) Deportation of certain nonimmigrants. (c) Repealed. (d) Applicability to all aliens. (e) Redesignated (b). (f), (g) Repealed. (h) Waiver of grounds for deportation. 1251a. Repealed. 1252. Apprehension and deportation of aliens. (a) Arrest and custody; review of determination by court; aliens committing aggravated felonies; report to Congressional committees. (b) Proceedings to determine deportability; removal expenses. (c) Final order of deportation; place of detention. (d) Supervision of deportable alien; violation by alien. (e) Penalty for willful failure to depart; suspension of sentence. (f) Unlawful reentry. (g) Voluntary deportation; payment of expenses. (h) Service of prison sentence prior to deportation. (i) Expeditious deportation of convicted aliens. 1252a. Expedited procedures for deportation of aliens convicted of committing aggravated felonies. (a) In general. (b) Implementation. (c) Presumption of deportability. (d) Expedited proceedings. (e) Review. 1252b. Deportation procedures. (a) Notices. (b) Securing of counsel. (c) Consequences of failure to appear. (d) Treatment of frivolous behavior. (e) Limitation on discretionary relief for failure to appear. (f) Definitions. 1253. Countries to which aliens shall be deported. (a) Acceptance by designated country; deportation upon nonacceptance by country. (b) Deportation during war. (c) Payment of deportation costs; within five years. (d) Cost of deportation, subsequent to five years. (e) Refusal to transport or to pay. (f) Payment of expenses of physically incapable deportees. (g) Countries delaying acceptance of deportees. (h) Withholding of deportation or return. 1254. Suspension of deportation. (a) Adjustment of status for permanent residence; contents. (b) Continuous physical presence: inapplicability based on service in Armed Forces; brief, casual, and innocent absences. (c) Fulfillment of requirements of subsection (a). (d) Record of cancellation of deportation. (e) Voluntary departure. (f) Alien crewmen; nonimmigrant exchange aliens admitted to receive graduate medical education or training; other. 1254a. Temporary protected status. (a) Granting of status. (b) Designations. (c) Aliens eligible for temporary protected status. (d) Documentation. (e) Relation of period of temporary protected status to suspension of deportation. (f) Benefits and status during period of temporary protected status. (g) Exclusive remedy. (h) Limitation on consideration in Senate of legislation adjusting status. (i) Annual report and review. 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence. (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa. (b) Record of lawful admission for permanent residence; reduction of preference visas. (c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa. (d) Alien admitted for permanent residence on conditional basis; fiancee or fiance of citizen. (e) Restriction on adjustment of status based on marriages entered while in exclusion or deportation proceedings; bona fide marriage exception. (f) Limitation on adjustment of status. 1255a. Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence. (a) Temporary resident status. (b) Subsequent adjustment to permanent residence and nature of temporary resident status. (c) Applications for adjustment of status. (d) Waiver of numerical limitations and certain grounds for exclusion. (e) Temporary stay of deportation and work authorization for certain applicants. (f) Administrative and judicial review. (g) Implementation of section. (h) Temporary disqualification of newly legalized aliens from receiving certain public welfare assistance. (i) Dissemination of information on legalization program. 1255b. Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence. (a) Application. (b) Record of admission. (c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota. (d) Limitations. 1256. Rescission of adjustment of status; report to Congress; effect upon naturalized citizen. 1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions. 1258. Change of nonimmigrant classification. 1259. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972. 1260. Removal of aliens falling into distress. PART VI - SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN 1281. Alien crewmen. (a) Arrival; submission of list; exceptions. (b) Reports of illegal landings. (c) Departure; submission of list; exceptions. (d) Violations. (e) Regulations. 1282. Conditional permits to land temporarily. (a) Period of time. (b) Revocation; expenses of detention. (c) Penalties. 1283. Hospital treatment of alien crewmen afflicted with certain diseases. 1284. Control of alien crewmen. (a) Penalties for failure. (b) Prima facie evidence against transportation line. (c) Deportation on other than arriving vessel or aircraft; expenses. 1285. Employment on passenger vessels of aliens afflicted with certain disabilities. 1286. Discharge of alien crewmen; penalties. 1287. Alien crewmen brought into the United States with intent to evade immigration laws; penalties. 1288. Limitations on performance of longshore work by alien crewmen. (a) In general. (b) 'Longshore work' defined. (c) Prevailing practice exception. (d) Reciprocity exception. PART VII - REGISTRATION OF ALIENS 1301. Alien seeking entry; contents. 1302. Registration of aliens. 1303. Registration of special groups. 1304. Forms for registration and fingerprinting. (a) Preparation; contents. (b) Confidential nature. (c) Information under oath. (d) Certificate of alien registration or alien receipt card. (e) Personal possession of registration or receipt card; penalties. 1305. Notices of change of address. (a) Notification of change. (b) Current address of natives of any one or more foreign states. (c) Notice to parent or legal guardian. 1306. Penalties. (a) Willful failure to register. (b) Failure to notify change of address. (c) Fraudulent statements. (d) Counterfeiting. PART VIII - GENERAL PENALTY PROVISIONS 1321. Prevention of unauthorized landing of aliens. (a) Failure to report; penalties. (b) Prima facie evidence. (c) Liability of owners and operators of international bridges and toll roads. 1322. Bringing in aliens subject to exclusion on a health-related ground; persons liable; clearance papers; exceptions; 'person' defined. 1323. Unlawful bringing of aliens into United States. (a) Persons liable. (b) Evidence. (c) Remission or refund. (d) Alien stowaways. 1324. Bringing in and harboring certain aliens. (a) Criminal penalties. (b) Seizure and forfeiture of conveyances; exceptions; officers and authorized persons; disposition of forfeited conveyances; suits and actions. (c) Authority to arrest. 1324a. Unlawful employment of aliens. (a) Making employment of unauthorized aliens unlawful. (b) Employment verification system. (c) No authorization of national identification cards. (d) Evaluation and changes in employment verification system. (e) Compliance. (f) Criminal penalties and injunctions for pattern or practice violations. (g) Prohibition of indemnity bonds. (h) Miscellaneous provisions. (i) Effective dates. (j) General Accounting Office reports. (k) Review by taskforce. (l) Termination date for employer sanctions. (m) Expedited procedures in House of Representatives. (n) Expedited procedures in Senate. 1324b. Unfair immigration-related employment practices. (a) Prohibition of discrimination based on national origin or citizenship status. (b) Charges of violations. (c) Special Counsel. (d) Investigation of charges. (e) Hearings. (f) Testimony and authority of hearing officers. (g) Determinations. (h) Awarding of attorney's fees. (i) Review of final orders. (j) Court enforcement of administrative orders. (k) Termination dates. (l) Dissemination of information concerning anti-discrimination provisions. 1324c. Penalties for document fraud. (a) Activities prohibited. (b) Exception. (c) Construction. (d) Enforcement. 1325. Improper entry by alien. (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts. (b) Marriage fraud. (c) Immigration-related entrepreneurship fraud. 1326. Reentry of deported alien; criminal penalties for reentry of certain deported aliens. 1327. Aiding or assisting certain aliens to enter. 1328. Importation of alien for immoral purpose. 1329. Jurisdiction of district courts. 1330. Collection of penalties and expenses. PART IX - MISCELLANEOUS 1351. Nonimmigrant visa fees. 1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public. 1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States. 1353a. Officers and employees; overtime services; extra compensation; length of working day. 1353b. Extra compensation; payment. 1353c. Immigration officials; service in foreign contiguous territory. 1353d. Disposition of money received as extra compensation. 1354. Applicability to members of the Armed Forces. 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts. 1356. Disposition of moneys collected under the provisions of this subchapter. (a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations. (b) Purchase of evidence. (c) Fees and administrative fines and penalties; exception. (d) Schedule of fees. (e) Limitations on fees. (f) Collection. (g) Provision of immigration inspection and preinspection services. (h) Disposition of receipts. (i) Reimbursement. (j) Regulations. (k) Advisory committee. (l) Report to Congress. (m) Immigration Examinations Fee Account. (n) Reimbursement of administrative expenses; transfer of deposits to General Fund of United States Treasury. (o) Annual financial reports to Congress. (p) Additional effective dates. (q) Land Border Inspection Fee Account. 1357. Powers of immigration officers and employees. (a) Powers without warrant. (b) Administration of oath; taking of evidence. (c) Search without warrant. (d) Detainer of aliens for violation of controlled substances laws. (e) Restriction on warrantless entry in case of outdoor agricultural operations. (f) Fingerprinting and photographing of certain aliens. 1358. Local jurisdiction over immigrant stations. 1359. Application to American Indians born in Canada. 1360. Establishment of central file; information from other departments and agencies. 1361. Burden of proof upon alien. 1362. Right to counsel. 1363. Deposit of and interest on cash received to secure immigration bonds. 1364. Triennial comprehensive report on immigration. (a) Triennial report. (b) Details in each report. (c) History and projections. (d) Recommendations. 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals. (a) Reimbursement of States. (b) Illegal aliens convicted of a felony. (c) Marielito Cubans convicted of a felony. (d) Authorization of appropriations. (e) 'State' defined. SUBCHAPTER III - NATIONALITY AND NATURALIZATION PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION 1401. Nationals and citizens of United States at birth. 1401a. Birth abroad before 1952 to service parent. 1401b. Repealed. 1402. Persons born in Puerto Rico on or after April 11, 1899. 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904. 1404. Persons born in Alaska on or after March 30, 1867. 1405. Persons born in Hawaii. 1406. Persons living in and born in the Virgin Islands. 1407. Persons living in and born in Guam. 1408. Nationals but not citizens of the United States at birth. 1409. Children born out of wedlock. PART II - NATIONALITY THROUGH NATURALIZATION 1421. Naturalization authority. (a) Authority in Attorney General. (b) Administration of oaths. (c) Judicial review. (d) Sole procedure. 1422. Eligibility for naturalization. 1423. Requirements as to understanding the English language, history, principles and form of government of the United States. 1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government. 1425. Ineligibility to naturalization of deserters from the Armed Forces. 1426. Citizenship denied alien relieved of service in Armed Forces because of alienage. (a) Permanent ineligibility. (b) Conclusiveness of records. (c) Service in armed forces of foreign country. 1427. Requirements of naturalization. (a) Residence. (b) Absences. (c) Physical presence. (d) Moral character. (e) Determination. (f) Persons making extraordinary contributions to national security. 1428. Temporary absence of persons performing religious duties. 1429. Prerequisite to naturalization; burden of proof. 1430. Married persons and employees of certain nonprofit organizations. 1431. Children born outside United States of one alien and one citizen parent; conditions for automatic citizenship. 1432. Children born outside of United States of alien parents; conditions for automatic citizenship. 1433. Children born outside United States. (a) Naturalization on application of citizen parents; requirements. (b) Adopted children. (c) Specified period of residence for adopted children; waiver of proof; requirements. 1434. Repealed. 1435. Former citizens regaining citizenship. (a) Requirements. (b) Additional requirements. (c) Oath of allegiance. 1436. Nationals but not citizens; residence within outlying possessions. 1437. Resident Philippine citizens excepted from certain requirements. 1438. Former citizens losing citizenship by entering armed forces of foreign countries during World War II. (a) Requirements; oath; certified copies of oath. (b) Exceptions. (c) Status. (d) Span of World War II. (e) Inapplicability to certain persons. 1439. Naturalization through service in the armed forces. (a) Requirements. (b) Exceptions. (c) When service not continuous. (d) Residence requirements. (e) Moral character. 1440. Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities. (a) Requirements. (b) Exceptions. (c) Revocation. 1440-1. Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities. (a) Permitting granting of posthumous citizenship. (b) Noncitizens eligible for posthumous citizenship. (c) Requests for posthumous citizenship. (d) Documentation of posthumous citizenship. (e) No benefits to survivors. 1440a to 1440d. Omitted. 1440e. Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General. 1441. Constructive residence through service on certain United States vessels. 1442. Alien enemies. (a) Naturalization under specified conditions. (b) Procedure. (c) Exceptions from classification. (d) Effect of cessation of hostilities. (e) Apprehension and removal. 1443. Administration. (a) Rules and regulations governing examination of petitioners. (b) Instruction in citizenship. (c) Prescription of forms. (d) Administration of oaths and depositions. (e) Issuance of certificate of naturalization or citizenship. (f) Copies of records. (g) Furnished quarters for photographic studios. (h) Public education regarding naturalization benefits. 1444. Photographs; number. 1445. Application for naturalization; declaration of intention. (a) Evidence and form. (b) Who may file. (c) Hearings. (d) Filing of application. (e) Substitute filing place and administering oath other than before Attorney General. (f) Redesignated (g). (g) Declaration of intention. 1446. Investigation of applicants; examination of applications. (a) Waiver. (b) Conduct of examinations; authority of designees; record. (c) Transmittal of record of examination. (d) Determination to grant or deny application. (e) Withdrawal of application. (f) Transfer of application. 1447. Hearings on denials of applications for naturalization. (a) Request for hearing before immigration officer. (b) Request for hearing before district court. (c) Appearance of Attorney General. (d) Subpena of witnesses. (e) Change of name. 1448. Oath of renunciation and allegiance. (a) Public ceremony. (b) Hereditary titles or orders of nobility. (c) Other than public ceremony. (d) Rules and regulations. 1449. Certificate of naturalization; contents. 1450. Functions and duties of clerks and records of declarations of intention and applications for naturalization. 1451. Revocation of naturalization. (a) Concealment of material evidence; refusal to testify. (b) Notice to party. (c) Membership in certain organizations; prima facie evidence. (d) Foreign residence. (e) Applicability to citizenship through naturalization of parent or spouse. (f) Citizenship unlawfully procured. (g) Cancellation of certificate of naturalization. (h) Applicability to certificates of naturalization and citizenship. (i) Power to correct, reopen, alter, modify or vacate order. 1452. Certificates of citizenship or U.S. non-citizen national status; procedure. (a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance. (b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance. (c) Application to Attorney General for certificate of citizenship for adopted child. 1453. Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status. 1454. Documents and copies issued by Attorney General. 1455. Fiscal provisions. 1456. Repealed. 1457. Publication and distribution of citizenship textbooks; use of naturalization fees. 1458. Compilation of naturalization statistics and payment for equipment. 1459. Repealed. PART III - LOSS OF NATIONALITY 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions. 1482. Repealed. 1483. Restrictions on expatriation. 1484 to 1487. Repealed. 1488. Nationality lost solely from performance of acts or fulfillment of conditions. 1489. Application of treaties; exceptions. PART IV - MISCELLANEOUS 1501. Certificate of diplomatic or consular officer of United States as to loss of American nationality. 1502. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state. 1503. Denial of rights and privileges as national. (a) Proceedings for declaration of United States nationality. (b) Application for certificate of identity; appeal. (c) Application for admission to United States under certificate of identity; revision of determination. SUBCHAPTER IV - REFUGEE ASSISTANCE 1521. Office of Refugee Resettlement; establishment; appointment of Director; functions. 1522. Authorization for programs for domestic resettlement of and assistance to refugees. (a) Conditions and considerations. (b) Program of initial resettlement. (c) Project grants and contracts for services for refugees. (d) Assistance for refugee children. (e) Cash assistance and medical assistance to refugees. (f) Assistance to States and counties for incarceration of certain Cuban nationals; priority for removal and return to Cuba. 1523. Congressional reports. 1524. Authorization of appropriations. 1525. United States Coordinator for Refugee Affairs. (a) Appointment; rank. (b) Duties and functions. (c) Consultations with States, localities, etc.; reports by Secretaries of Labor and Education and inclusion of information in report of Coordinator. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 sections 1308-3, 1996, 2020, 3508; title 10 sections 510, 591, 3253, 8253; title 18 section 1203; title 22 sections 2454, 2778, 3303; title 25 section 1300b-13; title 42 section 6705; title 46 section 8103; title 50 sections 47c, 47f. ------DocID 11561 Document 103 of 470------ -CITE- 8 USC SUBCHAPTER I -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 11562 Document 104 of 470------ -CITE- 8 USC Sec. 1101 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1101. Definitions -STATUTE- (a) As used in this chapter - (1) The term 'administrator' means the Assistant Secretary of State for Consular Affairs. (2) The term 'advocates' includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term 'alien' means any person not a citizen or national of the United States. (4) The term 'application for admission' has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term 'Attorney General' means the Attorney General of the United States. (6) The term 'border crossing identification card' means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. (7) The term 'clerk of court' means a clerk of a naturalization court. (8) The terms 'Commissioner' and 'Deputy Commissioner' mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively. (9) The term 'consular officer' means any consular, diplomatic, or other officer of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas. (10) The term 'crewman' means a person serving in any capacity on board a vessel or aircraft. (11) The term 'diplomatic visa' means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe. (12) The term 'doctrine' includes, but is not limited to, policies, practices, purposes, aims, or procedures. (13) The term 'entry' means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception. (14) The term 'foreign state' includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states. (15) The term 'immigrant' means every alien except an alien who is within one of the following classes of nonimmigrant aliens - (A)(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government, recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family; (ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and (iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above; (B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; (C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758); (D)(i) an alien crewman serving in good faith as such in a capacity required for normal operation and service on board a vessel, as defined in section 1288(a) of this title (other than a fishing vessel having its home port or an operating base in the United States) or aircraft, who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; (ii) an alien crewman serving in good faith as such in any capacity required for normal operations and service aboard a fishing vessel having its home port or an operating base in the United States who intends to land temporarily in Guam and solely in pursuit of his calling as a crewman and to depart from Guam with the vessel on which he arrived; (E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him; (i) solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national; or (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; (F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him; (G)(i) a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (59 Stat. 669) (22 U.S.C. 288 et seq.), accredited resident members of the staff of such representatives, and members of his or their immediate family; (ii) other accredited representatives of such a foreign government to such international organizations, and the members of their immediate families; (iii) an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is not a member of such international organization; and the members of his immediate family; (iv) officers, or employees of such international organizations, and the members of their immediate families; (v) attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the immediate families of such attendants, servants, and personal employees; (H) an alien (i)(a) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 1182(m)(1) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 1182(m)(2) of this title for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien's employer or controlled by the employer) for which the alien will perform the services, or (b) who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title, who meets the requirements for the occupation specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this title; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of title 26 and agriculture as defined in section 203(f) of title 29, of a temporary or seasonal nature, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him, in a training program that is not designed primarily to provide productive employment; (I) upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative, if accompanying or following to join him; (J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title, and the alien spouse and minor children of any such alien if accompanying him or following to join him; (K) an alien who is the fiancee or fiance of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after entry, and the minor children of such fiancee or fiance accompanying him or following to join him; (L) an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him; (M)(i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States particularly designated by him and approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him; (N)(i) the parent of an alien accorded the status of special immigrant under paragraph (27)(I)(i), but only if and while the alien is a child, or (ii) a child of such parent or of an alien accorded the status of a special immigrant under clause (ii), (iii), or (iv) of paragraph (27)(I); (O) an alien who - (i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability, but only if the Attorney General determines that the alien's entry into the United States will substantially benefit prospectively the United States; or (ii)(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events, (II) is an integral part of such actual performance, (III)(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant principal photography will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and (IV) has a foreign residence which the alien has no intention of abandoning; or (iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien; (P) an alien having a foreign residence which the alien has no intention of abandoning who - (i)(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and (II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance; (ii)(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and (II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in the United States and an organization in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers, between the United States and the foreign states involved; (iii)(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and (II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a program that is culturally unique; or (iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien; (Q) an alien having a residence in a foreign country which he has no intention of abandoning who is coming temporarily (for a period not to exceed 15 months) to the United States as a participant in an international cultural exchange program designated by the Attorney General for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the alien's nationality and who will be employed under the same wages and working conditions as domestic workers; or (R) an alien, and the spouse and children of the alien if accompanying or following to join the alien, who - (i) for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and (ii) seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii). (16) The term 'immigrant visa' means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter. (17) The term 'immigration laws' includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, or expulsion of aliens. (18) The term 'immigration officer' means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title. (19) The term 'ineligible to citizenship,' when used in reference to any individual, means, notwithstanding the provisions of any treaties relating to military service, an individual who is, or was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) (50 App. U.S.C. 454(a)), or under any section of this chapter, or any other Act, or under any law amendatory of, supplementary to, or in substitution for, any of such sections or Acts. (20) The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. (21) The term 'national' means a person owing permanent allegiance to a state. (22) The term 'national of the United States' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. (23) The term 'naturalization' means the conferring of nationality of a state upon a person after birth, by any means whatsoever. (24) The term 'naturalization court', unless otherwise particularly described, means a court authorized by section 1421(a) (FOOTNOTE 1) of this title to exercise naturalization jurisdiction. (FOOTNOTE 1) See References in Text note below. (25) The term 'noncombatant service' shall not include service in which the individual is not subject to military discipline, court martial, or does not wear the uniform of any branch of the armed forces. (26) The term 'nonimmigrant visa' means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this chapter. (27) The term 'special immigrant' means - (A) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; (B) an immigrant who was a citizen of the United States and may, under section 1435(a) or 1438 of this title, apply for reacquisition of citizenship; (C) an immigrant, and the immigrant's spouse and children if accompanying or following to join the immigrant, who - (i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; (ii) seeks to enter the United States - (I) solely for the purpose of carrying on the vocation of a minister of that religious denomination, (II) before October 1, 1994, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or (III) before October 1, 1994, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of title 26) at the request of the organization in a religious vocation or occupation; and (iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (i); (D) an immigrant who is an employee, or an honorably retired former employee, of the United States Government abroad, and who has performed faithful service for a total of fifteen years, or more, and his accompanying spouse and children: Provided, That the principal officer of a Foreign Service establishment, in his discretion, shall have recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status; (E) an immigrant, and his accompanying spouse and children, who is or has been an employee of the Panama Canal Company or Canal Zone Government before the date on which the Panama Canal Treaty of 1977 (as described in section 3602(a)(1) of title 22) enters into force (October 1, 1979), who was resident in the Canal Zone on the effective date of the exchange of instruments of ratification of such Treaty (April 1, 1979), and who has performed faithful service as such an employee for one year or more; (F) an immigrant, and his accompanying spouse and children, who is a Panamanian national and (i) who, before the date on which such Panama Canal Treaty of 1977 enters into force (October 1, 1979), has been honorably retired from United States Government employment in the Canal Zone with a total of 15 years or more of faithful service, or (ii) who, on the date on which such Treaty enters into force, has been employed by the United States Government in the Canal Zone with a total of 15 years or more of faithful service and who subsequently is honorably retired from such equipment; (G) an immigrant, and his accompanying spouse and children, who was an employee of the Panama Canal Company or Canal Zone Government on the effective date of the exchange of instruments of ratification of such Panama Canal Treaty of 1977 (April 1, 1979), who has performed faithful service for five years or more as such an employee, and whose personal safety, or the personal safety of whose spouse or children, as a direct result of such Treaty, is reasonably placed in danger because of the special nature of any of that employment; (H) an immigrant, and his accompanying spouse and children, who - (i) has graduated from a medical school or has qualified to practice medicine in a foreign state, (ii) was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date, (iii) entered the United States as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) of this section before January 10, 1978, and (iv) has been continuously present in the United States in the practice or study of medicine since the date of such entry; (I)(i) an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least seven years between the ages of five and 21 years, and (II) applies for a visa or adjustment of status under this subparagraph no later than his twenty-fifth birthday or six months after October 24, 1988, whichever is later; (ii) an immigrant who is the surviving spouse of a deceased officer or employee of such an international organization, and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the death of such officer or employee, and (II) applies for a visa or adjustment of status under this subparagraph no later than six months after the date of such death or six months after October 24, 1988, whichever is later; (iii) an immigrant who is a retired officer or employee of such an international organization, and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the officer or employee's retirement from any such international organization, and (II) applies for a visa or adjustment of status under this subparagraph before January 1, 1993, and no later than six months after the date of such retirement or six months after October 24, 1988, whichever is later; or (iv) an immigrant who is the spouse of a retired officer or employee accorded the status of special immigrant under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate family; or (J) an immigrant (i) who has been declared dependent on a juvenile court located in the United States and has been deemed eligible by that court for long-term foster care, and (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; except that no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter. (28) The term 'organization' means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects. (29) The term 'outlying possessions of the United States' means American Samoa and Swains Island. (30) The term 'passport' means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the entry of the bearer into a foreign country. (31) The term 'permanent' means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law. (32) The term 'profession' shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. (33) The term 'residence' means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent. (34) The term 'Service' means the Immigration and Naturalization Service of the Department of Justice. (35) The term 'spouse', 'wife', or 'husband' do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated. (36) The term 'State' includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States. (37) The term 'totalitarian party' means an organization which advocates the establishment in the United States of a totalitarian dictatorship or totalitarianism. The terms 'totalitarian dictatorship' and 'totalitarianism' mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party. (38) The term 'United States', except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States. (39) The term 'unmarried', when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married. (40) The term 'world communism' means a revolutionary movement, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist political movement. (41) The term 'graduates of a medical school' means aliens who have graduated from a medical school or who have qualified to practice medicine in a foreign state, other than such aliens who are of national or international renown in the field of medicine. (42) The term 'refugee' means (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term 'refugee' does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (43) The term 'aggravated felony' means murder, any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including any drug trafficking crime as defined in section 924(c)(2) of title 18, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years, or any attempt or conspiracy to commit any such act,. (FOOTNOTE 2) Such term applies to offenses described in the previous sentence whether in violation of Federal or State law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years. (FOOTNOTE 2) So in original. (44)(A) The term 'managerial capacity' means an assignment within an organization in which the employee primarily - (i) manages the organization, or a department, subdivision, function, or component of the organization; (ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; (iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and (iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional. (B) The term 'executive capacity' means an assignment within an organization in which the employee primarily - (i) directs the management of the organization or a major component or function of the organization; (ii) establishes the goals and policies of the organization, component, or function; (iii) exercises wide latitude in discretionary decision-making; and (iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. (C) If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or executive capacity (as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed. (45) The term 'substantial' means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government. (b) As used in subchapters I and II of this chapter - (1) The term 'child' means an unmarried person under twenty-one years of age who is - (A) a legitimate child; (B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; (C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; (D) an illegitimate child, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person; (E) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or (F) a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 1151(b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child's proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter. (2) The terms 'parent', 'father', or 'mother' mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term 'parent' does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption. (3) The term 'person' means an individual or an organization. (4) The term 'special inquiry officer' means any immigration officer who the Attorney General deems specially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be conducted by or before a special inquiry officer and who is designated and selected by the Attorney General, individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to such supervision and shall perform such duties, not inconsistent with this chapter, as the Attorney General shall prescribe. (5) The term 'adjacent islands' includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea. (c) As used in subchapter III of this chapter - (1) The term 'child' means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431 to 1434 (FOOTNOTE 3) of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of sixteen years, and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption. (FOOTNOTE 3) See References in Text note below. (2) The terms 'parent', 'father', and 'mother' include in the case of a posthumous child a deceased parent, father, and mother. (d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102 Stat. 2619. (e) For the purposes of this chapter - (1) The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocating. (2) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation. (3) Advocating the economic, international, and governmental doctrines of world communism means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement. (f) For the purposes of this chapter - No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established is, or was - (1) a habitual drunkard; (2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95 Stat. 1611. (3) a member of one or more of the classes of persons, whether excludable or not, described in paragraphs (2)(D), (6)(E), and (9)(A) of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof of such section (FOOTNOTE 4) (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period; (FOOTNOTE 4) So in original. The phrase 'of such section' probably should not appear. (4) one whose income is derived principally from illegal gambling activities; (5) one who has been convicted of two or more gambling offenses committed during such period; (6) one who has given false testimony for the purpose of obtaining any benefits under this chapter; (7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period; (8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section). The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character. (g) For the purposes of this chapter any alien ordered deported (whether before or after the enactment of this chapter) who has left the United States, shall be considered to have been deported in pursuance of law, irrespective of the source from which the expenses of his transportation were defrayed or of the place to which he departed. (h) For purposes of section 1182(a)(2)(E) of this title, the term 'serious criminal offense' means - (1) any felony; (2) any crime of violence, as defined in section 16 of title 18; or (3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another. -SOURCE- (June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Sept. 11, 1957, Pub. L. 85-316, Sec. 1, 2, 71 Stat. 639; July 7, 1958, Pub. L. 85-508, Sec. 22, 72 Stat. 351; Mar. 18, 1959, Pub. L. 86-3, Sec. 20(a), 73 Stat. 13; Sept. 21, 1961, Pub. L. 87-256, Sec. 109(a), (b), 75 Stat. 534; Sept. 26, 1961, Pub. L. 87-301, Sec. 1, 2, 7, 75 Stat. 650, 653; Oct. 3, 1965, Pub. L. 89-236, Sec. 8, 24, 79 Stat. 916, 922; Nov. 2, 1966, Pub. L. 89-710, 80 Stat. 1104; Apr. 7, 1970, Pub. L. 91-225, Sec. 1, 84 Stat. 116; Dec. 16, 1975, Pub. L. 94-155, 89 Stat. 824; Oct. 12, 1976, Pub. L. 94-484, title VI, Sec. 601(b), (e), 90 Stat. 2301, 2302; Oct. 20, 1976, Pub. L. 94-571, Sec. 7(a), 90 Stat. 2706; Oct. 12, 1976, Pub. L. 94-484, title VI, Sec. 602(c), as added Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(q)(3), 91 Stat. 395; Aug. 17, 1977, Pub. L. 95-105, title I, Sec. 109(b)(3), 91 Stat. 847; Sept. 27, 1979, Pub. L. 96-70, title III, Sec. 3201(a), 93 Stat. 496; Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 201(a), 94 Stat. 102; Dec. 29, 1981, Pub. L. 97-116, Sec. 2, 5(d)(1), 18(a), 95 Stat. 1611, 1614, 1619; Oct. 30, 1984, Priv. L. 98-47, Sec. 3, 98 Stat. 3435; Oct. 21, 1986, Pub. L. 99-505, Sec. 1, 100 Stat. 1806; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095; Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 301(a), 312, 315(a), 100 Stat. 3411, 3434, 3439; Nov. 14, 1986, Pub. L. 99-653, Sec. 2, 3, 100 Stat. 3655; Oct. 1, 1988, Pub. L. 100-459, title II, Sec. 210(a), 102 Stat. 2203; Oct. 24, 1988, Pub. L. 100-525, Sec. 2(o)(1), 8(b), 9(a), 102 Stat. 2613, 2617, 2619; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7342, 102 Stat. 4469; Nov. 21, 1989, Pub. L. 101-162, title VI, Sec. 611(a), 103 Stat. 1038; Dec. 18, 1989, Pub. L. 101-238, Sec. 3(a), 103 Stat. 2100; Feb. 16, 1990, Pub. L. 101-246, title I, Sec. 131(b), 104 Stat. 31; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 123, 151(a), 153(a), 162(f)(2)(A), title II, Sec. 203(c), 204(a), (c), 205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, Sec. 407(a)(2), title V, Sec. 501(a), 509(a), title VI, Sec. 603(a)(1), 104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022, 5023, 5026, 5027, 5040, 5048, 5051, 5082.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 3(d) of Pub. L. 101-238, see Effective and Termination Dates of 1989 Amendments note below. -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4), and (e)-(g), was in the original, 'this Act', meaning act June 27, 1952, ch. 477, 66 Stat. 163, as amended, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Headquarters Agreement with the United Nations (61 Stat. 758), referred to in subsec. (a)(15)(C), is set out as a note under section 287 of Title 22, Foreign Relations and Intercourse. The International Organizations Immunities Act (59 Stat. 669), referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. Section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), referred to in subsec. (a)(19), was classified to section 303 of Title 50, Appendix, War and National Defense, and was omitted from the Code as obsolete. The Selective Service Act of 1948, referred to in subsec. (a)(19), was redesignated the Universal Military Training and Service Act by act June 19, 1951, 65 Stat. 75, and then redesignated the Military Selective Service Act of 1967 by act June 30, 1967, Pub. L. 90-40, 81 Stat. 100 and subsequently redesignated the Military Selective Service Act by Pub. L. 92-129, title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348. Section 1421(a) of this title, referred to in subsec. (a)(24), was amended generally by Pub. L. 101-649, title IV, Sec. 401(a), Nov. 29, 1990, 104 Stat. 5038, and, as so amended, no longer authorizes courts to exercise naturalization jurisdiction. Section 1434 of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 95-417, Sec. 7, Oct. 5, 1978, 92 Stat. 918. -MISC2- AMENDMENTS 1990 - Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c), substituted 'a capacity' for 'any capacity' and inserted ', as defined in section 1288(a) of this title' after 'on board a vessel'. Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted ', including trade in services or trade in technology' after 'substantial trade'. Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out 'having a residence in a foreign country which he has no intention of abandoning' after 'an alien'. Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A), substituted 'for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien's employer or controlled by the employer) for which the alien will perform the services, or' for 'for the facility for which the alien will perform the services, or'. Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1), substituted 'who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title, who meets the requirements for the occupation specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this title' for 'who is of distinguished merit and ability and who is coming temporarily to the United States to perform services (other than services as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency'. Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3), substituted '(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States' for 'who is coming temporarily to the United States (a)', and in subcl. (b) inserted 'having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States' after '(b)'. Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4), inserted 'having a residence in a foreign country which he has no intention of abandoning' after '(iii)'. Pub. L. 101-649, Sec. 205(d), inserted ', in a training program that is not designed primarily to provide productive employment' before semicolon at end. Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted 'within 3 years preceding' for 'immediately preceding'. Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added subpars. (O) and (P). Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q). Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar. (R). Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: '(i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him;'. Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar. (J). Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out '(except as used in section 1421(a) of this title)' after 'includes'. Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted 'and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years' after 'Federal or State law'. Pub. L. 101-649, Sec. 501(a)(5), inserted at end 'Such term applies to offenses described in the previous sentence whether in violation of Federal or State law.' Pub. L. 101-649, Sec. 501(a)(4), struck out 'committed within the United States' after 'to commit any such act,'. Pub. L. 101-649, Sec. 501(a)(3), inserted 'any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years,' after 'section 921 of such title,'. Pub. L. 101-649, Sec. 501(a)(2), inserted 'any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including' after 'murder,'. Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43). Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44). Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45). Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted 'paragraphs (2)(D), (6)(E), and (9)(A)' for 'paragraphs (11), (12), and (31)'. Pub. L. 101-649, Sec. 603(a)(1)(B), substituted 'subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof' for 'paragraphs (9) and (10) of section 1182(a) of this title and paragraph (23)'. Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted 'an aggravated felony (as defined in subsection (a)(43) of this section)' for 'the crime of murder'. Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted '1182(a)(2)(E) of this title' for '1182(a)(34) of this title'. Pub. L. 101-246 added subsec. (h). 1989 - Subsec. (a)(15)(H)(i). Pub. L. 101-238 temporarily added subcl. (a), designated existing provisions as subcl. (b), and inserted '(other than services as a registered nurse)' after 'to perform services'. See Effective and Termination Dates of 1989 Amendments note below. Subsec. (b)(2). Pub. L. 101-162 inserted before period at end ', except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term 'parent' does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption'. 1988 - Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1), substituted 'Director of the United States Information Agency' for 'Secretary of State'. Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525, Sec. 2(o)(1), substituted 'October 24, 1988' for 'November 6, 1986' and 'applies for a visa or adjustment of status' for 'applies for admission'. Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out 'For the purpose of issuing certificates of citizenship to persons who are citizens of the United States, the term 'United States' as used in section 1452 of this title includes the Canal Zone.' Subsec. (a)(43). Pub. L. 100-690 added par. (43). Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before period at end ', except that, for purposes of paragraph (1)(F) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term 'parent' does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption'. See Effective and Termination Dates of 1988 Amendments note below. Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L. 99-653, Sec. 3. See 1986 Amendment note below. Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec. (d) defining 'veteran', 'Spanish-American War', 'World War I', 'World War II', and 'Korean hostilities' as those terms were used in part III of subchapter III of this chapter. 1986 - Subsec. (a)(15)(D). Pub. L. 99-505 designated existing provisions as cl. (i) and added cl. (ii). Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated existing provisions of cl. (ii) as subcl. (b) and added subcl. (a) relating to persons performing agricultural labor or services as defined by the Secretary of Labor in regulations and including agricultural labor as defined in section 3121(g) of title 26 and agriculture as defined in section 203(f) of title 29 of a temporary or seasonal nature. Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar. (N). Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar. (I). Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted 'or to its natural father if the father has or had a bona fide parent-child relationship with the person'. Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out 'thereafter' after 'the child has'. Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1) defining 'child', was repealed by Pub. L. 100-525, Sec. 8(b), and such par. (1) was revived as of Nov. 14, 1986, see Repeal and Revival note below. 1984 - Subsec. (a)(9). Priv. L. 98-47 struck out provisions which directed that in Canal Zone and outlying possessions of the United States 'consular officer' meant an officer designated by the Governor of the Canal Zone, or the governors of the outlying possessions for purposes of issuing immigrant or nonimmigrant visas under this chapter. 1981 - Subsec. (a)(15)(F). Pub. L. 97-116, Sec. 2(a)(1), 18(a)(1), substituted in cl. (i) 'college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program' for 'institution of learning or other recognized place of study', and 'Secretary of Education' for 'Office of Education of the United States'. Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2), substituted a semicolon for a period at end of subpars. (H), (J), (K), and (L) and inserted 'or' at end of subpar. (L). Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar. (M). Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar. (H). Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out provision that residence be considered continuous for the purposes of sections 1482 and 1484 of this title where there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or states or outside the United States. Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck out 'or' at the end. Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted a semicolon for the period at end. Subsec. (b)(1)(E). Pub. L. 97-116, Sec. 2(b), 18(a)(5)(C), substituted 'sixteen' for 'fourteen', and '; or' for the period at the end. Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted 'sixteen' for 'fourteen'. Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which provided that a person not be considered a person of good moral character if within the period for which good moral character is required to be established the person commits adultery, and substituted in par. (3) 'paragraphs (9) and (10) of section 1182(a) of this title and paragraph (23) of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana)' for 'paragraphs (9), (10), and (23) of section 1182(a) of this title'. 1980 - Subsec. (a)(42). Pub. L. 96-212 added par. (42). 1979 - Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars. (E) to (G). 1977 - Subsec. (a)(1). Pub. L. 95-105 substituted 'Assistant Secretary of State for Consular Affairs' for 'administrator of the Bureau of Security and Consular Affairs of the Department of State'. Subsec. (a)(41). Pub. L. 95-83 inserted 'a' after 'graduates of' and ', other than such aliens who are of national or international renown in the field of medicine' after 'in a foreign state'. 1976 - Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1), inserted ', and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency'. Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted ', but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession'. Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted ', other than to receive graduate medical education or training'. Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted 'and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title'. Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision defining term 'special immigrant' to include an immigrant born in any independent foreign country of the Western Hemisphere or in the Canal Zone and the spouse and children of any such immigrant, if accompanying, or following to join him and restricting issuance of an immigrant visa until consular officer was in receipt of a determination made by the Secretary of Labor pursuant to former provisions of section 1182(a)(14) of this title; and redesignated as subpars. (A) to (D) former subpars. (B) to (E). Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41). 1975 - Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of alien children under the age of fourteen by unmarried United States citizens who are at least twenty-five years of age and inserted requirement that before adoption the Attorney General be satisfied that proper care will be provided the child after admission. 1970 - Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided for nonimmigrant alien status for alien spouse and minor children of any alien specified in par. (H) if accompanying him or following to join him and struck out 'temporary', 'other', and 'industrial' before 'services', 'temporary services', and 'trainee' in cls. (i) to (iii), respectively. Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added subpars. (K) and (L). 1966 - Subsec. (a)(38). Pub. L. 89-710 inserted sentence providing that term 'United States' as used in section 1452 of this title, for the purpose of issuing certificates of citizenship to persons who are citizens of the United States, shall include the Canal Zone. 1965 - Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted 'special immigrant' for 'nonquota immigrant' as term being defined. Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term 'profession' and its definition for term 'quota immigrant' and its definition. Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition to include a child, under the age of 14 at the time a petition is filed in his behalf to accord a classification as an immediate relative or who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the child if admitted to the United States and who has in writing irrevocably released the child for emigration and adoption, and made minor amendments in the existing definition. Subsec. (b)(6). Pub. L. 89-236, Sec. 24, struck out par. (6) which defined term 'eligible orphan'. 1961 - Subsec. (a)(15). Pub. L. 87-256 included the alien spouse and minor children of any such alien if accompanying him or following to join him in subpar. (F), and added subpar. (J). Subsec. (b)(1)(F). Pub. L. 87-301, Sec. 2, added subpar. (F). Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6). Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted 'or from June 25, 1950, to July 1, 1955,'. Subsec. (d)(2). Pub. L. 87-301, Sec. 7(b), inserted definition of 'Korean hostilities'. 1959 - Subsec. (a)(36). Pub. L. 86-3 struck out reference to Hawaii. 1958 - Subsec. (a)(36). Pub. L. 85-508 struck out reference to Alaska. 1957 - Subsec. (b)(1). Pub. L. 85-316 inserted 'whether or not born out of wedlock' in subpar. (B), and added subpars. (D) and (E). EFFECTIVE DATE OF 1990 AMENDMENT Section 161 of title I of Pub. L. 101-649 provided that: '(a) In General. - Except as otherwise provided in this section, the amendments made by this title (enacting section 1186b of this title, amending this section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title, section 3304 of Title 26, Internal Revenue Code, and section 1382c of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 1255 of this title) shall take effect on October 1, 1991, and apply beginning with fiscal year 1992. '(b) Provisions Taking Effect Upon Enactment. - The following sections (and amendments made by such sections) shall take effect on the date of the enactment of this Act (Nov. 29, 1990) and (unless otherwise provided) apply to fiscal year 1991: '(1) Section 103 (enacting provisions set out as a note under section 1152 of this title) (relating to per country limitation for Hong Kong). '(2) Section 104 (amending sections 1157 and 1159 of this title and enacting provisions set out as notes under section 1159 of this title) (relating to asylee adjustments). '(3) Section 124 (enacting provisions set out as a note under section 1153 of this title) (relating to transition for employees of certain U.S. businesses in Hong Kong). '(4) Section 133 (enacting provisions set out as a note under section 1153 of this title) (relating to one-year diversity transition for aliens who have been notified of availability of NP-5 visas). '(5) Section 134 (enacting provisions set out as a note under section 1153 of this title) (relating to transition for displaced Tibetans). '(6) Section 153 (amending this section and section 1251 of this title and enacting provisions set out as a note under section 1251 of this title) (relating to special immigrants who are dependent on a juvenile court). '(7) Section 154 (enacting provisions set out as a note under section 1201 of this title) (permitting extension of validity of visas for certain residents of Hong Kong). '(8) Section 155 (enacting provisions set out as a note under section 1153 of this title) (relating to expedited issuance of Lebanese second and fifth preference visas). '(9) Section 162(b) (amending section 1154 of this title) (relating to immigrant visa petitioning process), but only insofar as such section relates to visas for fiscal years beginning with fiscal year 1992. '(c) General Transitions. - '(1) In the case of a petition filed under section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) before October 1, 1991, for preference status under section 203(a)(3) or section 203(a)(6) of such Act (8 U.S.C. 1153(a)(3), (6)) (as in effect before such date) - '(A) in order to maintain the priority date with respect to such a petition, the petitioner must file (by not later than October 1, 1993) a new petition for classification of the employment under paragraph (1), (2), or (3) of section 203(b) of such Act (as amended by this title), and '(B) any labor certification under section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) required with respect to the new petition shall be deemed approved if the labor certification with respect to the previous petition was previously approved under section 212(a)(14) of such Act. '(2) Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(4) or section 203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title). '(d) Admissibility Standards. - When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission, the immigrant's admissibility under paragraph (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(A)) shall be determined under the provisions of law in effect on the date of the issuance of such visa. '(e) Construction. - Nothing in this title (see subsec. (a) above) shall be construed as affecting the provisions of section 19 of Public Law 97-116 (8 U.S.C. 1151 note), section 2(c)(1) of Public Law 97-271 (8 U.S.C. 1255 note), or section 202(e) of Public Law 99-603 (8 U.S.C. 1255a note).' Section 162(f)(3) of Pub. L. 101-649 provided that: 'The amendments made by this subsection (amending this section, section 1182 of this title, and provisions set out as a note under section 1255 of this title) shall apply as though included in the enactment of the Immigration Nursing Relief Act of 1989 (Pub. L. 101-238).' Section 203(d) of Pub. L. 101-649 provided that: 'The amendments made by this section (enacting section 1288 of this title and amending this section and section 1281 of this title) shall apply to services performed on or after 180 days after the date of the enactment of this Act (Nov. 29, 1990).' Section 231 of title II of Pub. L. 101-649 provided that: 'Except as otherwise provided in this title, this title, and the amendments made by this title (enacting section 1288 of this title, amending this section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and enacting provisions set out as notes under this section and sections 1182, 1184, 1187, and 1288 of this title), shall take effect on October 1, 1991, except that sections 222 and 223 (enacting provisions set out as notes under this section) shall take effect on the date of the enactment of this Act (Nov. 29, 1990).' Amendment by section 407(a)(2) of Pub. L. 101-649 effective Nov. 29, 1990, with general savings provisions, see section 408(a)(3), (d) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment; Savings Provisions note under section 1421 of this title. Section 501(b) of Pub. L. 101-649 provided that: 'The amendments made by subsection (a) (amending this section) shall apply to offenses committed on or after the date of the enactment of this Act (Nov. 29, 1990), except that the amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if included in the enactment of section 7342 of the Anti-Drug Abuse Act of 1988 (Pub. L. 100-690).' Section 509(b) of Pub. L. 101-649 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on the date of the enactment of this Act (Nov. 29, 1990) and shall apply to convictions occurring on or after such date.' Section 601(e) of Pub. L. 101-649 provided that: '(1) Except as provided in paragraph (2), the amendments made by this section (amending section 1182 of this title) and by section 603(a) of this Act (amending this section and sections 1102, 1153, 1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322, and 1327 of this title, repealing section 2691 of Title 22, Foreign Relations and Intercourse, amending provisions set out as notes under this section and sections 1255 and 1255a of this title, and repealing provisions set out as notes under section 1182 of this title) shall apply to individuals entering the United States on or after June 1, 1991. '(2) The amendments made by paragraphs (5) and (13) of section 603(a) (amending sections 1160 and 1255a of this title) shall apply to applications for adjustment of status made on or after June 1, 1991.' EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENTS Amendment by Pub. L. 101-238 applicable to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after Dec. 18, 1989, see section 3(d) of Pub. L. 101-238, set out as a note under section 1182 of this title. Section 611(b) of Pub. L. 101-162 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on October 1, 1989, upon the expiration of the similar amendment made by section 210(a) of the Department of Justice Appropriations Act, 1989 (title II of Public Law 100-459, 102 Stat. 2203).' EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Section 2(s) of Pub. L. 100-525 provided that: 'The amendments made by this section (amending this section, sections 1160, 1161, 1184, 1186, 1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a, 1324b, and 1357 of this title, section 1546 of Title 18, Crimes and Criminal Procedure, and section 1091 of Title 20, Education, amending provisions set out as notes under this section and sections 1188 and 1255a of this title and section 1802 of Title 29, Labor, and repealing provisions set out as a note under section 1255a of this title) shall be effective as if they were included in the enactment of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603).' Section 210(b) of Pub. L. 100-459 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect as if included in the enactment of section 315 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603) and shall expire on October 1, 1989.' EFFECTIVE DATE OF 1986 AMENDMENTS Section 23(a) of Pub. L. 99-653, as added by Pub. L. 100-525, Sec. 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that: 'The amendments made by sections 2, 4, and 7 (amending this section and sections 1152, 1182, 1228, 1251, and 1356 of this title) apply to visas issued, and admissions occurring, on or after November 14, 1986.' Amendment by section 301(a) 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. EFFECTIVE DATE OF 1981 AMENDMENT Section 21 of Pub. L. 97-116 provided that: '(a) Except as provided in subsection (b) and in section 5(c) (set out as a note under section 1182 of this title), the amendments made by this Act (see Short Title of 1981 Amendment note set out below) shall take effect on the date of the enactment of this Act (Dec. 29, 1981). '(b)(1) The amendments made by section 2(a) (amending this section) shall apply on and after the first day of the sixth month beginning after the date of the enactment of this Act (Dec. 29, 1981). '(2) The amendment made by section 16 (amending section 1455 of this title) shall apply to fiscal years beginning on or after October 1, 1981.' EFFECTIVE DATE OF 1980 AMENDMENT Section 204(a)-(c) of title II of Pub. L. 96-212 provided that: '(a) Except as provided in subsections (b) and (c), this title and the amendments made by this title (enacting sections 1157, 1158, and 1159 of this title, amending this section and sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this title, enacting provisions set out as notes under sections 1153, 1157, 1158, 1182, and 1521 of this title, and amending provisions set out as a note under sections 1182 and 1255 of this title) shall take effect on the date of the enactment of this Act (Mar. 17, 1980), and shall apply to fiscal years beginning with the fiscal year beginning October 1, 1979. '(b)(1)(A) Section 207(c) of the Immigration and Nationality Act (as added by section 201(b) of this Act) (section 1157(c) of this title) and the amendments made by subsections (b), (c), and (d) of section 203 of this Act (amending sections 1152, 1153, 1182, and 1254 of this title) shall take effect on April 1, 1980. '(B) The amendments made by section 203(f) (amending section 1182 of this title) shall apply to aliens paroled into the United States on or after the sixtieth day after the date of the enactment of this Act (Mar. 17, 1980). '(C) The amendments made by section 203(i) (amending section 1153 of this title and provisions set out as notes under section 1255 of this title) shall take effect immediately before April 1, 1980. '(2) Notwithstanding sections 207(a) and 209(b) of the Immigration and Nationality Act (as added by section 201(b) of this Act) (sections 1157(a) and 1159(b) of this title), the fifty thousand and five thousand numerical limitations specified in such respective sections shall, for fiscal year 1980, be equal to 25,000 and 2,500, respectively. '(3) Notwithstanding any other provision of law, for fiscal year 1980 - '(A) the fiscal year numerical limitation specified in section 201(a) of the Immigration and Nationality Act (section 1151(a) of this title) shall be equal to 280,000, and '(B) for the purpose of determining the number of immigrant visa and adjustments of status which may be made available under sections 203(a)(2) and 202(e)(2) of such Act (sections 1153(a)(2) and 1152(e)(2) of this title), the granting of a conditional entry or adjustment of status under section 203(a)(7) or 202(e)(7) of such Act after September 30, 1979, and before April 1, 1980, shall be considered to be the granting of an immigrant visa under section 203(a)(2) or 202(e)(2), respectively, of such Act during such period. '(c)(1) The repeal of subsections (g) and (h) of section 203 of the Immigration and Nationality Act, made by section 203(c)(8) of this title (section 1153(g) and (h) of this title), shall not apply with respect to any individual who before April 1, 1980, was granted a conditional entry under section 203(a)(7) of the Immigration and Nationality Act (and under section 202(e)(7) of such Act (section 1152(e)(7) of this title), if applicable), as in effect immediately before such date, and it shall not apply to any alien paroled into the United States before April 1, 1980, who is eligible for the benefits of section 5 of Public Law 95-412 (set out as a note under section 1182 of this title). '(2) An alien who, before April 1, 1980, established a date of registration at an immigration office in a foreign country on the basis of entitlement to a conditional entrant status under section 203(a)(7) of the Immigration and Nationality Act (as in effect before such date) (section 1153(a)(7) of this title), shall be deemed to be entitled to refugee status under section 207 of such Act (as added by section 201(b) of this title) (section 1157 of this title) and shall be accorded the date of registration previously established by that alien. Nothing in this paragraph shall be construed to preclude the acquisition by such an alien of a preference status under section 203(a) of such Act. '(3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) if section 212(a) of the Immigration and Nationality Act (section 1182(a)(14), (15), (20), (21), (25), and (32) of this title) shall not be applicable to any alien who has entered the United States before April 1, 1980, pursuant to section 203(a)(7) of such Act (section 1153(a)(7) of this title) or who has been paroled as a refugee into the United States under section 212(d)(5) of such Act, and who is seeking adjustment of status, and the Attorney General may waive any other provision of section 212(a) of such Act (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.' EFFECTIVE DATE OF 1979 AMENDMENT Section 3201(d)(1) of Pub. L. 96-70 provided that: 'The amendments made by this section (amending this section and section 1182 of this title) shall take effect on the date of the enactment of this Act (Sept. 27, 1979).' EFFECTIVE DATE OF 1977 AMENDMENT Section 602(d) of Pub. L. 94-484, as added Pub. L. 95-83, title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided that: 'This section (amending this section and enacting provisions set out as a note under section 1182 of this title) and the amendment made by subsection (c) (amending this section) are effective January 10, 1977, and the amendments made by subsections (b)(4) and (d) of section 601 (amending this section and section 1182 of this title) shall apply only on and after January 10, 1978, notwithstanding subsection (f) of such section (set out as an Effective Date of 1976 Amendments note under section 1182 of this title).' EFFECTIVE DATE OF 1976 AMENDMENTS Section 10 of Pub. L. 94-571 provided that: 'The foregoing provisions of this Act, including the amendments made by such provisions (see Short Title of 1976 Amendment note below), shall become effective on the first day of the first month which begins more than sixty days after the date of enactment of this Act (Oct. 20, 1976).' Amendment by section 601(b)(4) of Pub. L. 94-484 applicable only on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L. 94-484, see section 602(d) of Pub. L. 94-484, as added by section 307(q)(3) of Pub. L. 95-83, set out as an Effective Date of 1977 Amendment note above. Amendment by Pub. L. 94-484 effective ninety days after Oct. 12, 1976, see section 601(f) of Pub. L. 94-484, set out as a note under section 1182 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. EFFECTIVE DATE Section 407 of act June 27, 1952, provided that: 'Except as provided in subsection (k) of section 401 (former section 1106(k) of this title), this Act (this chapter) shall take effect at 12:01 ante meridian United States Eastern Standard Time on the one hundred eightieth day immediately following the date of its enactment (June 27, 1952).' SHORT TITLE OF 1990 AMENDMENTS Section 1(a) of Pub. L. 101-649 provided that: 'This Act (see Tables for classification) may be cited as the 'Immigration Act of 1990'.' Pub. L. 101-249, Sec. 1, Mar. 6, 1990, 104 Stat. 94, provided that: 'This Act (enacting section 1440-1 of this title) may be cited as the 'Posthumous Citizenship for Active Duty Service Act of 1989'.' SHORT TITLE OF 1989 AMENDMENT Section 1 of Pub. L. 101-238 provided that: 'This Act (amending sections 1101, 1160, and 1182 of this title, enacting provisions set out as notes under sections 1182, 1255, 1255a, and 1324a of this title, and amending provisions set out as a note under section 1255a of this title) may be cited as the 'Immigration Nursing Relief Act of 1989'.' SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-658, Sec. 1, Nov. 15, 1988, 102 Stat. 3908, provided that: 'This Act (enacting provisions set out as notes under this section and section 1153 of this title and amending provisions set out as a note under section 1153 of this title) may be cited as the 'Immigration Amendments of 1988'.' Section 1(a) of Pub. L. 100-525 provided that: 'This Act (amending sections 1101, 1102, 1103, 1104, 1105a, 1152, 1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201, 1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a, 1255b, 1259, 1301, 1302, 1304, 1305, 1324, 1324a, 1324b, 1353, 1356, 1357, 1360, 1408, 1409, 1421, 1422, 1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, 1446, 1447, 1451, 1452, 1454, 1455, 1459, 1481, 1483, 1489, 1522, 1523, and 1524 of this title, section 1546 of Title 18, Crimes and Criminal Procedure, section 1091 of Title 20, Education, and section 4195 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under sections 1101, 1153, 1182, 1201, 1227, 1254, 1255, 1356, 1401, 1409, 1451, 1481, and 1522 of this title and section 4195 of Title 22, amending provisions set out as notes under sections 1101, 1153, 1182, 1188, and 1255a of this title and section 1802 of Title 29, Labor, and repealing provisions set out as a note under section 1255a of this title) may be cited as the 'Immigration Technical Corrections Act of 1988'.' SHORT TITLE OF 1986 AMENDMENTS Section 1(a) of Pub. L. 99-653, as amended by Pub. L. 100-525, Sec. 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided that: 'this Act (amending sections 1101, 1152, 1182, 1201, 1202, 1228, 1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481, and 1483 of this title and section 4195 of Title 22, Foreign Relations and Intercourse, and repealing section 1201a of this title and provisions set out as notes under section 1153 of this title) may be cited as the 'Immigration and Nationality Act Amendments of 1986'.' Pub. L. 99-639, Sec. 1, Nov. 10, 1986, 100 Stat. 3537, provided that: 'This Act (enacting section 1186a of this title, amending sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and enacting provisions set out as notes under sections 1154, 1182, 1184, and 1255 of this title) may be cited as the 'Immigration Marriage Fraud Amendments of 1986'.' Pub. L. 99-605, Sec. 1(a), Nov. 6, 1986, 100 Stat. 3449, provided that: 'This Act (amending sections 1522 to 1524 of this title and enacting provisions set out as notes under section 1522 of this title) may be cited as the 'Refugee Assistance Extension Act of 1986'.' Section 1(a) of Pub. L. 99-603 provided that: 'This Act (enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b, 1364, and 1365 of this title and section 1437r of Title 42, The Public Health and Welfare, amending sections 1101, 1152, 1184, 1251, 1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of this title, section 2025 of Title 7, Agriculture, section 1546 of Title 18, Crimes and Criminal Procedure, sections 1091 and 1096 of Title 20, Education, sections 1802, 1813, and 1851 of Title 29, Labor, and sections 303, 502, 602, 603, 672, 673, 1203, 1320b-7, 1353, 1396b, and 1436a of Title 42, repealing section 1816 of Title 29, enacting provisions set out as notes under sections 1101, 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title, section 1802 of Title 29, and sections 405, 502, and 1320b-7 of Title 42, and amending provisions set out as notes under section 1101 of this title and section 1383 of Title 42) may be cited as the 'Immigration Reform and Control Act of 1986'.' SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-363, Sec. 1, Oct. 25, 1982, 96 Stat. 1734, provided that: 'This Act (amending sections 1522, 1523, and 1524 of this title and enacting provisions set out as a note under section 1522 of this title) may be cited as the 'Refugee Assistance Amendments of 1982'.' SHORT TITLE OF 1981 AMENDMENT Section 1(a) of Pub. L. 97-116 provided that: 'this Act (amending sections 1101, 1105a, 1151, 1152, 1154, 1182, 1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258, 1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433, 1439, 1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483 of this title and section 1429 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under sections 1101, 1151, and 1182 of this title, amending a provision set out as a note under this section, and repealing a provision set out as a note under section 1182 of this title) may be cited as the 'Immigration and Nationality Act Amendments of 1981'.' SHORT TITLE OF 1980 AMENDMENT Section 1 of Pub. L. 96-212 provided: 'That this Act (enacting sections 1157 to 1159 and 1521 to 1525 of this title, amending sections 1101, 1151 to 1153, 1181, 1182, 1253, and 1254 of this title, and section 2601 of Title 22, Foreign Relations and Intercourse, enacting provision set out as notes under sections 1101, 1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set out as notes under sections 1182 and 1255 of this title, and repealing provisions set out as a note under section 2601 of Title 22) may be cited as the 'Refugee Act of 1980'.' SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-571 provided: 'That this Act (amending sections 1101, 1151, 1152 to 1154, 1181, 1182, 1251, 1254, and 1255 of this title and enacting provisions set out as notes under sections 1101, 1153, and 1255 of this title) may be cited as the 'Immigration and Nationality Act Amendments of 1976'.' SHORT TITLE Section 1 of act June 27, 1952, provided that such act, enacting this chapter, section 1429 of Title 18, Crimes and Criminal Procedure, amending sections 1353a, 1353d, 1552 of this title, sections 342b, 342c, 342e of former Title 5, Executive Departments and Government Officers and Employees, sections 1114, 1546 of Title 18, sections 618, 1446 of Title 22, Foreign Relations and Intercourse, sections 1, 177 of former Title 49, Transportation, sections 1952 to 1955 and 1961 of Title 50 App., War and National Defense, repealing section 530 of former Title 31, Money and Finance, enacting provisions set out as notes under section 1101 of this title, and amending provisions set out as notes under sections 1435 and 1440 of this title, may be cited as the 'Immigration and Nationality Act'. REPEAL AND REVIVAL Section 8(b) of Pub. L. 100-525 provided that: 'Section 3 of INAA (Pub. L. 99-653, repealing subsec. (c)(1) of this section) is repealed and the language stricken by such section is revived as of November 14, 1986.' REPEALS Section 403(b) of act June 27, 1952, provided that: 'Except as otherwise provided in section 405 (set out below), all other laws, or parts of laws, in conflict or inconsistent with this Act (this chapter) are, to the extent of such conflict or inconsistency, repealed.' SAVINGS CLAUSE Section 405 of act June 27, 1952, provided in part that: '(a) Nothing contained in this Act (this chapter), unless otherwise specifically provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be valid at the time this Act (this chapter) shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal done or existing, at the time this Act (this chapter) shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act (this chapter) are, unless otherwise specifically provided therein, hereby continued in force and effect. When an immigrant, in possession of an unexpired immigrant visa issued prior to the effective date of this Act (this chapter), makes application for admission, his admissibility shall be determined under the provisions of law in effect on the date of the issuance of such visa. An application for suspension of deportation under section 19 of the Immigration Act of 1917, as amended (former section 155 of this title), or for adjustment of status under section 4 of the Displaced Persons Act of 1948, as amended (former section 1953 of Appendix to Title 50), which is pending on the date of enactment of this Act (June 27, 1952), shall be regarded as a proceeding within the meaning of this subsection. '(b) Except as otherwise specifically provided in title III (subchapter III of this chapter), any petition for naturalization heretofore filed which may be pending at the time this Act (this chapter) shall take effect shall be heard and determined in accordance with the requirements of law in effect when such petition was filed. '(c) Except as otherwise specifically provided in this Act (this chapter), the repeal of any statute by this Act (this chapter) shall not terminate nationality heretofore lawfully acquired nor restore nationality heretofore lost under any law of the United States or any treaty to which the United States may have been a party. '(d) Except as otherwise specifically provided in this Act (this chapter), or any amendment thereto, fees, charges and prices for purposes specified in title V of the Independent Offices Appropriation Act, 1952 (Public Law 137, Eighty-second Congress, approved August 31, 1951), may be fixed and established in the manner and by the head of any Federal Agency as specified in that Act. '(e) This Act (this chapter) shall not be construed to repeal, alter, or amend section 231(a) of the Act of April 30, 1946 (60 Stat. 148; (section 1281(a) of title 22)), the Act of June 20, 1949 (Public Law 110, section 8, Eighty-first Congress, first session; 63 Stat. 208 (section 403h of title 50)), the Act of June 5, 1950 (Public Law 535, Eighty-first Congress, second session (former section 1501 et seq. of title 22)), nor title V of the Agricultural Act of 1949, as amended (Public Law 78, Eighty-second Congress, first session (former sections 1461 to 1468 of title 7)).' SEPARABILITY Section 406 of act June 27, 1952, provided that: 'If any particular provision of this Act (this chapter), or the application thereof to any person or circumstance, is held invalid, the remainder of the Act (this chapter) and the application of such provision to other persons or circumstances shall not be affected thereby.' ADMISSION OF ALASKA AS STATE Effectiveness of amendment of this section by Pub. L. 85-508 as dependent on admission of State of Alaska into the Union, see section 8(b) of Pub. L. 85-508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding former section 491 of Title 48, Territories and Insular Possessions. APPROPRIATIONS Section 404 of act June 27, 1952, as amended by acts Dec. 29, 1981, Pub. L. 97-116, Sec. 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub. L. 99-603, title I, Sec. 113, 100 Stat. 3383; Pub. L. 101-649, title VII, Sec. 705(a), Nov. 29, 1990, 104 Stat. 5087, provided that: '(a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act (this chapter) (other than chapter 2 of title IV) (subchapter IV of this chapter). '(b)(1) There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol or other enforcement activities of the Service and for reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the House of Representatives and of the Senate. '(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever - '(i) a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter, '(ii) the lives, property, safety, or welfare of the residents of a State or locality are endangered, or '(iii) in any other circumstances as determined by the Attorney General. '(B) Not more than $20,000,000 shall be made available for all localities under this paragraph. '(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply. '(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the Attorney General within 15 days after the date of receipt of the application.' (Section 705(b) of Pub. L. 101-649 provided that: 'Section 404(b)(2)(A)(i) of the Immigration and Nationality Act (act June 27, 1952, set out above), as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) (amending section 404 of act June 27, 1952, set out above) before October 1, 1991.') -CROSS- DEFINITIONS; APPLICABILITY OF SECTION 1101(A) AND (B) OF THIS TITLE Section 14 of Pub. L. 85-316 provided that: 'Except as otherwise specifically provided in this Act, the definitions contained in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101(a), (b)) shall apply to sections 4, 5, 6, 7, 8, 9, 12, 13, and 15 of this Act (enacting sections 1182b, 1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and provisions set out as notes under section 1153 of this title and section 1971a of the Appendix to Title 50, War and National Defense.)' -MISC7- ADDITIONAL DEFINITIONS Many of the terms listed in this section are similarly defined in section 782 of Title 50, War and National Defense. PHILIPPINE TRADERS AS NONIMMIGRANTS Philippine traders classifiable as nonimmigrants under subsec. (a)(15)(E) of this section, see section 1184a of this title. COMMISSION ON LEGAL IMMIGRATION REFORM Section 141 of Pub. L. 101-649 provided that: '(a) Establishment and Composition of Commission. - (1) Effective October 1, 1991, there is established a Commission on Legal Immigration Reform (in this section referred to as the 'Commission') which shall be composed of 9 members to be appointed as follows: '(A) One member who shall serve as Chairman, to be appointed by the President. '(B) Two members to be appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives. '(C) Two members to be appointed by the Minority Leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives. '(D) Two members to be appointed by the Majority Leader of the Senate who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate. '(E) Two members to be appointed by the Minority Leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate. '(2) Initial appointments to the Commission shall be made during the 45-day period beginning on October 1, 1991. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. '(3) Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (1)(A) shall expire at noon on January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission. '(b) Functions of Commission. - The Commission shall - '(1) review and evaluate the impact of this Act and the amendments made by this Act (see Tables for classification), in accordance with subsection (c); and '(2) transmit to the Congress - '(A) not later than September 30, 1994, a first report describing the progress made in carrying out paragraph (1), and '(B) not later than September 30, 1997, a final report setting forth the Commission's findings and recommendations, including such recommendations for additional changes that should be made with respect to legal immigration into the United States as the Commission deems appropriate. '(c) Considerations. - '(1) Particular considerations. - In particular, the Commission shall consider the following: '(A) The requirements of citizens of the United States and of aliens lawfully admitted for permanent residence to be joined in the United States by immediate family members and the impact which the establishment of a national level of immigration has upon the availability and priority of family preference visas. '(B) The impact of immigration and the implementation of the employment-based and diversity programs on labor needs, employment, and other economic and domestic conditions in the United States. '(C) The social, demographic, and natural resources impact of immigration. '(D) The impact of immigration on the foreign policy and national security interests of the United States. '(E) The impact of per country immigration levels on family-sponsored immigration. '(F) The impact of the numerical limitation on the adjustment of status of aliens granted asylum. '(G) The impact of the numerical limitations on the admission of nonimmigrants under section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)). '(2) Diversity program. - The Commission shall analyze the information maintained under section 203(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(c)(3)) and shall report to Congress in its report under subsection (b)(2) on - '(A) the characteristics of individuals admitted under section 203(c) of the Immigration and Nationality Act, and '(B) how such characteristics compare to the characteristics of family-sponsored immigrants and employment-based immigrants. The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2) of section 203(c) of the Immigration and Nationality Act on the diversity, educational, and skill level of aliens admitted. '(d) Compensation of Members. - (1) Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS-18 of the General Schedule. Each member of the Commission who is such an officer or employee shall serve without additional pay. '(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence. '(e) Meetings, Staff, and Authority of Commission. - The provisions of subsections (e) through (g) of section 304 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out as a note under section 1160 of this title) shall apply to the Commission in the same manner as they apply to the Commission established under such section, except that paragraph (2) of subsection (e) thereof shall not apply. '(f) Authorization of Appropriations. - (1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. '(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts. '(g) Termination Date. - The Commission shall terminate on the date on which a final report is required to be transmitted under subsection (b)(2)(B), except that the Commission may continue to function until January 1, 1998, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under this section and disseminating that report. '(h) Congressional Response. - (1) No later than 90 days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the House of Representatives and of the Senate shall initiate hearings to consider the findings and recommendations of the report. '(2) No later than 180 days after the date of receipt of such a report, each such Committee shall report to its respective House its oversight findings and any legislation it deems appropriate.' (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT UNITED STATES MISSION IN HONG KONG (D SPECIAL IMMIGRANTS) Section 152 of Pub. L. 101-649 provided that: '(a) In General. - Subject to subsection (c), an alien described in subsection (b) shall be treated as a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)). '(b) Aliens Covered. - An alien is described in this subsection if - '(1) the alien is - '(A) an employee at the United States consulate in Hong Kong under the authority of the Chief of Mission (including employment pursuant to section 5913 of title 5, United States Code) who has performed faithful service for a total of three years or more, or '(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the date of the enactment of this Act (Nov. 29, 1990)) of an employee described in subparagraph (A) who has been living with the employee in the same household; '(2) the welfare of the employee or such an immediate family member is subject to a clear threat due directly to the employee's employment with the United States Government or under a United States Government official; and '(3) the principal officer in Hong Kong, in the officer's discretion, has recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status. '(c) Expiration. - Subsection (a) shall only apply to aliens who file an application for special immigrant status under this section by not later than January 1, 2002. '(d) Limited Waiver of Numerical Limitations. - The first 500 visas made available to aliens as special immigrants under this section shall not be counted against any numerical limitation established under section 201 or 202 of the Immigration and Nationality Act (8 U.S.C. 1151 or 1152).' INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649 Amendment by section 203(c) of Pub. L. 101-649 not to affect performance of longshore work in United States by citizens or nationals of United States, see section 203(a)(2) of Pub. L. 101-649, set out as a note under section 1288 of this title. APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN STATES Section 204(b) of Pub. L. 101-649 provided that: 'Each of the following foreign states shall be considered, for purposes of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), to be a foreign state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals of the United States: '(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(c)(1))) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act (8 U.S.C. 1152)) and (B) does not have a treaty of commerce and navigation with the United States. '(2) The foreign state which (A) was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out as a note under section 1153 of this title) and (B) does not have a treaty of commerce and navigation with the United States, but (C) had such a treaty with the United States before 1925.' CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING FIRMS Section 206(a) of Pub. L. 101-649 provided that: 'In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)), in the case of a partnership that is organized in the United States to provide accounting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.' ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT, AND COPRODUCTION PROJECTS Section 222 of Pub. L. 101-649 provided that: '(a) In General. - Subject to the succeeding provisions of this section, the Attorney General shall provide for nonimmigrant status in the case of an alien who - '(1) has a residence in a foreign country which the alien has no intention of abandoning, and '(2) is coming to the United States, upon a basis of reciprocity, to perform services of an exceptional nature requiring such merit and ability relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense, but not to exceed a period of more than 10 years, or who is the spouse or minor child of such an alien if accompanying or following to join the alien. '(b) Numerical Limitation. - The number of aliens who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section at any time may not exceed 100.' ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE VISITOR PROGRAM Section 223 of Pub. L. 101-649 provided that: '(a) In General. - Subject to subsection (b), the Attorney General shall provide for nonimmigrant status in the case of an alien who - '(1) has a residence in a foreign country which the alien has no intention of abandoning, and '(2) is coming temporarily to the United States (for a period not to exceed 18 months) as a participant in a special education training program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities. '(b) Numerical Limitation. - The number of aliens who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section in any fiscal year may not exceed 50.' EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND COPRODUCTION PROJECTS Pub. L. 101-189, div. A, title IX, Sec. 937, Nov. 29, 1989, 103 Stat. 1538, provided that: 'The Attorney General shall provide for the extension through December 31, 1991, of nonimmigrant status under section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) for an alien to perform temporarily services relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense in the case of an alien who has had such status for a period of at least five years if such status has not expired as of the date of the enactment of this Act (Nov. 29, 1989) but would otherwise expire during 1989, 1990, or 1991, due only to the time limitations with respect to such status.' EXTENSION OF H-1 STATUS FOR CERTAIN REGISTERED NURSES THROUGH DECEMBER 31, 1989 Pub. L. 100-658, Sec. 4, Nov. 15, 1988, 102 Stat. 3909, provided that: 'The Attorney General shall provide for the extension through December 31, 1989, of nonimmigrant status under section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) for an alien to perform temporarily services as a registered nurse in the case of an alien who has had such status for a period of at least 5 years if - '(1) such status has not expired as of the date of the enactment of this Act (Nov. 15, 1988) but would otherwise expire during 1988 or 1989, due only to the time limitation with respect to such status; or '(2)(A) the alien's status as such a nonimmigrant expired during the period beginning on January 1, 1987, and ending on the date of the enactment of this Act, due only to the time limitation with respect to such status, '(B) the alien is present in the United States as of the date of the enactment of this Act, '(C) the alien has been employed as a registered nurse in the United States since the date of expiration of such status, and '(D) in the case of an alien whose status expired during 1987, the alien's employer has filed with the Immigration and Naturalization Service, before the date of the enactment of this Act, an appeal of a petition filed in connection with the alien's application for extension of such status.' RESIDENCE WITHIN UNITED STATES CONTINUED DURING PERIOD OF ABSENCE Section 2(o)(2) of Pub. L. 100-525 provided that: 'Only for purposes of section 101(a)(27)(I) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(I)), an alien who is or was an officer or employee of an international organization (or is the unmarried son or daughter or surviving spouse of such an officer or employee or former officer or employee) is considered to be residing and physically present in the United States during a period in which the alien is residing in the United States but is absent from the United States because of the officer's or employee's need to conduct official business on behalf of the organization or because of customary leave, but only if during the period of the absence the officer or employee continues to have a duty station in the United States and, in the case of such an unmarried son or daughter, the son or daughter is not enrolled in a school outside the United States.' NONIMMIGRANT TRADERS AND INVESTORS UNDER UNITED STATES-CANADA FREE-TRADE AGREEMENT For provisions allowing Canadian citizens to be classifiable as nonimmigrants under subsec. (a)(15)(E) of this section upon a basis of reciprocity secured by the United States-Canada Free-Trade Agreement, see section 307(a) of Pub. L. 100-449, set out in a note under section 2112 of Title 19, Customs Duties. AMERASIAN IMMIGRATION Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-15, as amended by Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1211; Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996, provided: 'That the provisions of subsection (c) of section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in section 101(e) of Public Law 100-202 (set out below), shall apply to an individual who (1) departs from Vietnam after the date of the enactment of this Act (Oct. 1, 1988), and (2) is described in subsection (b) of such section, but who is issued an immigrant visa under section 201(b) or 203(a) of the Immigration and Nationality Act (8 U.S.C. 1151(b), 1153(a)) (rather than under subsection (a) of such section), or would be described in subsection (b) of such section if such section also applied to principal aliens who were citizens of the United States (rather than merely to aliens)'. Pub. L. 100-202, Sec. 101(e) (title V, Sec. 584), Dec. 22, 1987, 101 Stat. 1329-183, as amended by Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1211; Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 228; Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996; Pub. L. 101-649, title VI, Sec. 603(a)(20), Nov. 29, 1990, 104 Stat. 5084, provided that: '(a)(1) Notwithstanding any numerical limitations specified in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General may admit aliens described in subsection (b) to the United States as immigrants if - '(A) they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and '(B) they are issued an immigrant visa and depart from Vietnam on or after March 22, 1988. '(2) The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4), (5), and (7)(A)) shall not be applicable to any alien seeking admission to the United States under this section, and the Attorney General on the recommendation of a consular officer may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (D) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation by a consular officer. '(3) Notwithstanding section 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)), immigrant visas issued to aliens under this section shall be valid for a period of one year. '(b)(1) An alien described in this section is an alien who, as of the date of the enactment of this Act (Dec. 22, 1987), is residing in Vietnam and who establishes to the satisfaction of a consular officer or an officer of the Immigration and Naturalization Service after a face-to-face interview, that the alien - '(A)(i) was born in Vietnam after January 1, 1962, and before January 1, 1976, and (ii) was fathered by a citizen of the United States (such an alien in this section referred to as a 'principal alien'); '(B) is the spouse or child of a principal alien and is accompanying, or following to join, the principal alien; or '(C) subject to paragraph (2), either (i) is the principal alien's natural mother (or is the spouse or child of such mother), or (ii) has acted in effect as the principal alien's mother, father, or next-of-kin (or is the spouse or child of such an alien), and is accompanying, or following to join, the principal alien. '(2) An immigrant visa may not be issued to an alien under paragraph (1)(C) unless the officer referred to in paragraph (1) has determined, in the officer's discretion, that (A) such an alien has a bona fide relationship with the principal alien similar to that which exists between close family members and (B) the admission of such an alien is necessary for humanitarian purposes or to assure family unity. If an alien described in paragraph (1)(C)(ii) is admitted to the United States, the natural mother of the principal alien involved shall not, thereafter, be accorded any right, privilege, or status under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by virtue of such parentage. '(3) For purposes of this section, the term 'child' has the meaning given such term in section 101(b)(1)(A), (B), (C), (D), and (E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(A)-(E)). '(c) Any alien admitted (or awaiting admission) to the United States under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act (8 U.S.C. 1157) are eligible for benefits under such chapter. '(d) The Attorney General, in cooperation with the Secretary of State, shall report to Congress 1 year, 2 years, and 3 years, after the date of the enactment of this Act (Dec. 22, 1987) on the implementation of this section. Each such report shall include the number of aliens who are issued immigrant visas and who are admitted to the United States under this section and number of waivers granted under subsection (a)(2) and the reasons for granting such waivers. '(e) Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in the administration of this section and nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.' (Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996, provided that the amendment made by Pub. L. 101-513 to Pub. L. 100-202, Sec. 101(e) (title V, Sec. 584(b)(2)), set out above, is effective Dec. 22, 1987.) AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT AND SERVICE ACTIVITIES OF IMMIGRATION AND NATURALIZATION SERVICE Section 111 of Pub. L. 99-603 provided that: '(a) Two Essential Elements. - It is the sense of Congress that two essential elements of the program of immigration control established by this Act (see Short Title of 1986 Amendments note above) are - '(1) an increase in the border patrol and other inspection and enforcement activities of the Immigration and Naturalization Service and of other appropriate Federal agencies in order to prevent and deter the illegal entry of aliens into the United States and the violation of the terms of their entry, and '(2) an increase in examinations and other service activities of the Immigration and Naturalization Service and other appropriate Federal agencies in order to ensure prompt and efficient adjudication of petitions and applications provided for under the Immigration and Nationality Act (this chapter). '(b) Increased Authorization of Appropriations for INS and EOIR. - In addition to any other amounts authorized to be appropriated, in order to carry out this Act there are authorized to be appropriated to the Department of Justice - '(1) for the Immigration and Naturalization Service, for fiscal year 1987, $422,000,000, and for fiscal year 1988, $419,000,000; and '(2) for the Executive Office of Immigration Review, for fiscal year 1987, $12,000,000, and for fiscal year 1988, $15,000,000. Of the amounts authorized to be appropriated under paragraph (1) sufficient funds shall be available to provide for an increase in the border patrol personnel of the Immigration and Naturalization Service so that the average level of such personnel in each of fiscal years 1987 and 1988 is at least 50 percent higher than such level for fiscal year 1986. '(c) Use of Funds for Improved Services. - Of the funds appropriated to the Department of Justice for the Immigration and Naturalization Service, the Attorney General shall provide for improved immigration and naturalization services and for enhanced community outreach and in-service training of personnel of the Service. Such enhanced community outreach may include the establishment of appropriate local community taskforces to improve the working relationship between the Service and local community groups and organizations (including employers and organizations representing minorities). '(d) Supplemental Authorization of Appropriations for Wage and Hour Enforcement. - There are authorized to be appropriated, in addition to such sums as may be available for such purposes, such sums as may be necessary to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Federal Contract Compliance Programs within the Employment Standards Administration of the Department in order to deter the employment of unauthorized aliens and remove the economic incentive for employers to exploit and use such aliens.' ELIGIBILITY OF H-2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL ASSISTANCE Section 305 of Pub. L. 99-603 provided that: 'A nonimmigrant worker admitted to or permitted to remain in the United States under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricultural labor or service shall be considered to be an alien described in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes of establishing eligibility for legal assistance under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.), but only with respect to legal assistance on matters relating to wages, housing, transportation, and other employment rights as provided in the worker's specific contract under which the nonimmigrant was admitted.' DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE OF STRIKES Section 315(d) of Pub. L. 99-603 provided that: '(1) Except as provided in paragraph (2), during the one-year period beginning on the date of the enactment of this Act (Nov. 6, 1986), an alien may not be admitted to the United States as an alien crewman (under section 101(a)(15)(D) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of performing service on board a vessel or aircraft at a time when there is a strike in the bargaining unit of the employer in which the alien intends to perform such service. '(2) Paragraph (1) shall not apply to an alien employee who was employed before the date of the strike concerned and who is seeking admission to enter the United States to continue to perform services as a crewman to the same extent and on the same routes as the alien performed such services before the date of the strike.' SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO Section 407 of Pub. L. 99-603 provided that: 'It is the sense of the Congress that the President of the United States should consult with the President of the Republic of Mexico within 90 days after enactment of this Act (Nov. 6, 1986) regarding the implementation of this Act (see Short Title of 1986 Amendments note above) and its possible effect on the United States or Mexico. After the consultation, it is the sense of the Congress that the President should report to the Congress any legislative or administrative changes that may be necessary as a result of the consultation and the enactment of this legislation.' COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT Section 601 of Pub. L. 99-603, as amended by Pub. L. 100-525, Sec. 2(r), Oct. 24, 1988, 102 Stat. 2614, provided that: '(a) Establishment and Composition of Commission. - (1) There is established a Commission for the Study of International Migration and Cooperative Economic Development (in this section referred to as the 'Commission'), to be composed of twelve members - '(A) three members to be appointed by Speaker of the House of Representatives; '(B) three members to be appointed by the minority leader of the House of Representatives; '(C) three members to be appointed by the Majority Leader of the Senate; and '(D) three members to be appointed by the Minority Leader of the Senate. '(2) Members shall be appointed for the life of the Commission. Appointments to the Commission shall be made within 90 days after the date of the enactment of this Act (Nov. 6, 1986). A vacancy in the Commission shall be filled in the manner in which the original appointment was made. '(3) A majority of the members of the Commission shall elect a Chairman. '(b) Duty of Commission. - The Commission, in consultation with the governments of Mexico and other sending countries in the Western Hemisphere, shall examine the conditions in Mexico and such other sending countries which contribute to unauthorized migration to the United States and mutually beneficial, reciprocal trade and investment programs to alleviate such conditions. For purposes of this section, the term 'sending country' means a foreign country a substantial number of whose nationals migrate to, or remain in, the United States without authorization. '(c) Report to the President and Congress. - Not later than three years after the appointment of the members of the Commission, the Commission shall prepare and transmit to the President and to the Congress a report describing the results of the Commission's examination and recommending steps to provide mutually beneficial reciprocal trade and investment programs to alleviate conditions leading to unauthorized migration to the United States. '(d) Compensation of Members, Meetings, Staff, Authority of Commission, and Authorization of Appropriations. - (1) The provisions of subsections (d), (e)(3), (f), (g), and (h) of section 304 (8 U.S.C. 1160 note) shall apply to the Commission in the same manner as they apply to the Commission established under section 304. Not more than 1 percent of the amounts appropriated for the Commission may be used, at the sole discretion of the Chairman, for official entertainment. '(2) Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. '(e) Termination Date. - The Commission shall terminate on the date on which a report is required to be transmitted by subsection (c), except that the Commission may continue to function for not more than thirty days thereafter for the purpose of concluding its activities.' TREATMENT OF DEPARTURES FROM GUAM Section 2 of Pub. L. 99-505 provided that: 'In the administration of section 101(a)(15)(D)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)) (added by the amendment made by section 1 of this Act), an alien crewman shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the alien arrives in a foreign state before returning to Guam.' ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT Priv. L. 98-53, Oct. 30, 1984, 98 Stat. 3437, provided: 'That an alien lawfully admitted to the United States for permanent residence shall be considered, for purposes of section 101(a)(27)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be temporarily visiting abroad during any period (before or after the date of the enactment of this Act (Oct. 30, 1984)) in which the alien is employed by the American University of Beirut.' STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR GRADUATE MEDICAL EDUCATION OF ALIEN GRADUATES OF FOREIGN MEDICAL SCHOOLS; REPORT TO CONGRESS NOT LATER THAN JANUARY 15, 1983 Section 5(e) of Pub. L. 97-116 provided that: 'The Secretary of Health and Human Services, after consultation with the Attorney General, the Secretary of State, and the Director of the International Communication Agency, shall evaluate the effectiveness and value to foreign nations and to the United States of exchange programs for the graduate medical education or training of aliens who are graduates of foreign medical schools, and shall report to Congress, not later than January 15, 1983, on such evaluation and include in such report such recommendations for changes in legislation and regulations as may be appropriate.' ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN ISLANDS TO PERMANENT RESIDENT ALIEN STATUS Upon application during the one-year period beginning Sept. 30, 1982, by an alien who was inspected and admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under subsec. (a)(15)(H)(ii) of this section or as a spouse or minor child of such worker, and has resided continuously in the Virgin Islands since June 30, 1975, the Attorney General may adjust the status of such nonimmigrant alien to that of an alien lawfully admitted for permanent residence, provided certain conditions are met, and such alien is not to be deported for failure to maintain nonimmigrant status until final action is taken on the alien's application for adjustment, see section 2(a), (b) of Pub. L. 97-271, set out as a note under section 1255 of this title. 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 section 1184(c) of this title in the case of importing any alien as a nonimmigrant under subsec. (a)(15)(H)(ii) of this section 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. LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS Section 3201(c) of Pub. L. 96-70 provided that: 'Notwithstanding any other provision of law, not more than 15,000 individuals may be admitted to the United States as special immigrants under subparagraphs (E), (F), and (G) of section 101(a)(27) of the Immigration and Nationality Act (subsec. (a)(27) of this section), as added by subsection (a) of this section, of which not more than 5,000 may be admitted in any fiscal year.' EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH RESPECT TO NATIONALS OF PEOPLE'S REPUBLIC OF CHINA Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, the Attorney General and the Secretary of State are hereby ordered to exercise their authority, including that under the Immigration and Nationality Act (8 U.S.C. 1101-1557), as follows: Section 1. The Attorney General is directed to take any steps necessary to defer until January 1, 1994, the enforced departure of all nationals of the People's Republic of China (PRC) and their dependents who were in the United States on or after June 5, 1989, up to and including the date of this order (hereinafter 'such PRC nationals'). Sec. 2. The Secretary of State and the Attorney General are directed to take all steps necessary with respect to such PRC nationals (a) to waive through January 1, 1994, the requirement of a valid passport and (b) to process and provide necessary documents, both within the United States and at U.S. consulates overseas, to facilitate travel across the borders of other nations and reentry into the United States in the same status such PRC nationals had upon departure. Sec. 3. The Secretary of State and the Attorney General are directed to provide the following protections: (a) irrevocable waiver of the 2-year home country residence requirement that may be exercised until January 1, 1994, for such PRC nationals; (b) maintenance of lawful status for purposes of adjustment of status or change of nonimmigrant status for such PRC nationals who were in lawful status at any time on or after June 5, 1989, up to and including the date of this order; (c) authorization for employment of such PRC nationals through January 1, 1994; and (d) notice of expiration of nonimmigrant status (if applicable) rather than the institution of deportation proceedings, and explanation of options available for such PRC nationals eligible for deferral of enforced departure whose nonimmigrant status has expired. Sec. 4. The Secretary of State and the Attorney General are directed to provide for enhanced consideration under the immigration laws for individuals from any country who express a fear of persecution upon return to their country related to that country's policy of forced abortion or coerced sterilization, as implemented by the Attorney General's regulation effective January 29, 1990. Sec. 5. The Attorney General is directed to ensure that the Immigration and Naturalization Service finalizes and makes public its position on the issue of training for individuals in F-1 visa status and on the issue of reinstatement into lawful nonimmigrant status of such PRC nationals who have withdrawn their applications for asylum. Sec. 6. The Departments of Justice and State are directed to consider other steps to assist such PRC nationals in their efforts to utilize the protections that I have extended pursuant to this order. Sec. 7. This order shall be effective immediately. George Bush. CROSS REFERENCES Definition of the terms - Alien enemies, see section 21 of Title 50, War and National Defense. Crew list visa, see section 1201 of this title. Order of deportation, see section 1252 of this title. Permits to enter, see section 1185 of this title. Person, see sections 1185 and 1322 of this title. Religious training and belief, see section 1448 of this title. Transportation line and transportation company, see section 1228 of this title. United States, see section 1185 of this title. Immigration and Naturalization Service, see section 1551 et seq. of this title. Peace Corps programs, nonimmigrant status of foreign participants, see section 2508 of Title 22, Foreign Relations and Intercourse. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1151, 1152, 1153, 1154, 1157, 1158, 1159, 1160, 1161, 1181, 1182, 1184, 1184a, 1186, 1187, 1201, 1251, 1252a, 1254, 1254a, 1255, 1255a, 1255b, 1257, 1258, 1281, 1282, 1288, 1303, 1356, 1365 of this title; title 2 section 441e; title 7 section 2015; title 10 section 2864; title 18 sections 613, 831, 1091, 1203, 2331, 3077, 3142; title 19 section 58c; title 22 sections 1474, 2128, 2395, 2508, 3508, 5001; title 26 sections 871, 872, 1441, 3121, 3231, 3306, 7701; title 29 sections 1506, 1802; title 42 sections 410, 1436a; title 45 sections 231, 351; title 46 section 2101; title 50 sections 424, 1801; title 50 App. sections 453, 456. ------DocID 11563 Document 105 of 470------ -CITE- 8 USC Sec. 1102 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1102. Diplomatic and semidiplomatic immunities -STATUTE- Except as otherwise provided in this chapter, for so long as they continue in the nonimmigrant classes enumerated in this section, the provisions of this chapter relating to ineligibility to receive visas and the exclusion or deportation of aliens shall not be construed to apply to nonimmigrants - (1) within the class described in paragraph (15)(A)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and regulations as the President may deem to be necessary, the provisions of paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title; (2) within the class described in paragraph (15)(G)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title; and (3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title. -SOURCE- (June 27, 1952, ch. 477, title I, Sec. 102, 66 Stat. 173; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(b), 102 Stat. 2619; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec. 603(a)(2), 104 Stat. 5082.) -MISC1- AMENDMENTS 1990 - Pars. (1) to (3). Pub. L. 101-649 substituted '(3) (other than subparagraph (E))' for '(27)' in pars. (1) and (2), and 'paragraph (3) (other than subparagraph (E))' for 'paragraphs (27) and (29)' in par. (3). 1988 - Par. (2). Pub. L. 100-525 substituted 'documentation' for 'documentaion'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO UNITED NATIONS Pub. L. 101-246, title IV, Sec. 407, Feb. 16, 1990, 104 Stat. 67, provided that: '(a) In General. - The President shall use his authority, including the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Public Law 80-357) (Aug. 4, 1947, ch. 482, set out as a note under 22 U.S.C. 287), to deny any individual's admission to the United States as a representative to the United Nations if the President determines that such individual has been found to have been engaged in espionage activities directed against the United States or its allies and may pose a threat to United States national security interests. '(b) Waiver. - The President may waive the provisions of subsection (a) if the President determines, and so notifies the Congress, that such a waiver is in the national security interests of the United States.' -CROSS- CROSS REFERENCES All cases affecting ambassadors, other public ministers and consuls - Judicial power as extending to, see Const. Art. III, Sec. 2, cl. 1. Supreme Court as having original jurisdiction in, see Const. Art. III, Sec. 2, cl. 2. Definition of alien, immigrant visa, nonimmigrant alien, nonimmigrant visa, and passport, see section 1101 of this title. International organizations, privileges, exemptions, and immunities of officers, employees, and their families, see section 288d of Title 22, Foreign Relations and Intercourse. Original and exclusive jurisdiction of - District courts of all actions and proceedings against consuls or vice consuls of foreign states, see section 1351 of Title 28, Judiciary and Judicial Procedure. Supreme Court of all actions or proceedings against ambassadors or other public ministers of foreign states or their domestics or domestic servants not inconsistent with the law of nations, see section 1251 of Title 28. Original but not exclusive jurisdiction of Supreme Court of all actions or proceedings brought by ambassadors or other public ministers of foreign states or to which consuls or vice consuls of foreign states are parties, see section 1251 of Title 28. ------DocID 11564 Document 106 of 470------ -CITE- 8 USC Sec. 1103 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1103. Powers and duties -STATUTE- (a) Attorney General The Attorney General shall be charged with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of aliens, except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, the Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and ruling by the Attorney General with respect to all questions of law shall be controlling. He shall have control, direction, and supervision of all employees and of all the files and records of the Service. He shall establish such regulations; prescribe such forms of bond, reports, entries, and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out his authority under the provisions of this chapter. He may require or authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon any other employee of the Service. He shall have the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such number of employees of the Service as to him shall appear necessary and proper. He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the Department or other independent establishment under whose jurisdiction the employee is serving, any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Service. He may, with the concurrence of the Secretary of State, establish officers of the Service in foreign countries; and, after consultation with the Secretary of State, he may, whenever in his judgment such action may be necessary to accomplish the purposes of this chapter, detail employees of the Service for duty in foreign countries. (b) Commissioner; appointment The Commissioner shall be a citizen of the United States and shall be appointed by the President, by and with the advice and consent of the Senate. He shall be charged with any and all responsibilities and authority in the administration of the Service and of this chapter which are conferred upon the Attorney General as may be delegated to him by the Attorney General or which may be prescribed by the Attorney General. (c) Statistical information system (1) The Commissioner, in consultation with interested academicians, government agencies, and other parties, shall provide for a system for collection and dissemination, to Congress and the public, of information (not in individually identifiable form) useful in evaluating the social, economic, environmental, and demographic impact of immigration laws. (2) Such information shall include information on the alien population in the United States, on the rates of naturalization and emigration of resident aliens, on aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the United States (by occupation, basis for admission, and duration of stay), on aliens who have been excluded or deported from the United States, on the number of applications filed and granted for suspension of deportation, and on the number of aliens estimated to be present unlawfully in the United States in each fiscal year. (3) Such system shall provide for the collection and dissemination of such information not less often than annually. (d) Annual report (1) The Commissioner shall submit to Congress annually a report which contains a summary of the information collected under subsection (c) of this section and an analysis of trends in immigration and naturalization. (2) Each annual report shall include information on the number, and rate of denial administratively, of applications for naturalization, for each district office of the Service and by national origin group. -SOURCE- (June 27, 1952, ch. 477, title I, Sec. 103, 66 Stat. 173; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(c), 102 Stat. 2619; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 142, 104 Stat. 5004.) -MISC1- AMENDMENTS 1990 - Subsecs. (c), (d). Pub. L. 101-649 added subsecs. (c) and (d). 1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(c)(1), substituted 'instructions' for 'intructions' and amended fourth sentence generally. Prior to amendment, fourth sentence read as follows: 'He is authorized, in accordance with the civil-service laws and regulations and the Classification Act of 1949, to appoint such employees of the Service as he deems necessary, and to delegate to them or to any officer or employee of the Department of Justice in his discretion any of the duties and powers imposed upon him in this chapter; he may require or authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon any other employee of the Service.' Subsec. (b). Pub. L. 100-525, Sec. 9(c)(2), struck out provision that Commissioner was to receive compensation at rate of $17,500 per annum. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, set out as a note under section 1101 of this title. MACHINE-READABLE DOCUMENT BORDER SECURITY PROGRAM Pub. L. 100-690, title IV, Sec. 4604, Nov. 18, 1988, 102 Stat. 4289, provided that: '(a) Requirement To Develop Program. - (1) The Department of State, the United States Customs Service, and the Immigration and Naturalization Service shall develop a comprehensive machine-readable travel and identity document border security program that will improve border entry and departure control through automated data capture of machine-readable travel and identity documents. '(2) Within 60 days after the date of enactment of this Act (Nov. 18, 1988), the Department of State, the Customs Service, and the Immigration and Naturalization Service shall jointly submit a detailed implementation plan to the Congress and the President regarding how they intend to carry out the program required by this section. '(3) The border security program required by this section shall include an integrated cooperative data exchange system that will incorporate law enforcement data on narcotics traffickers, terrorists, convicted criminals, fugitives, and others currently documented in the Lookout Systems of all three agencies and departments. '(4) In developing the border security program mandated in this section, the agencies and departments shall ensure that at least the following documents shall be integrated into the program and be machine-readable: border crossing cards; alien registration; pilots licenses; passports; and visas. '(b) Agencies That Will Contribute Law Enforcement Data for the System. - The following agencies and organizations shall contribute appropriate law enforcement data to the integrated cooperative data exchange system mandated in this section and shall update such information into the system on no less than a monthly basis: '(1) The Drug Enforcement Administration. '(2) The Federal Bureau of Investigation. '(3) The Bureau of Alcohol, Tobacco, and Firearms. '(4) The Internal Revenue Service. '(5) The Federal Aviation Administration. '(6) The United States Marshals Service. '(7) The United States Coast Guard. '(c) Authorization of Appropriations. - (1) There are authorized to be appropriated $23,000,000 for fiscal year 1989 for the development, procurement, and implementation of a machine-readable travel and identity document border security program. Of this amount $7,000,000 shall be available only for the United States Customs Service, $7,000,000 shall be available only for the Immigration and Naturalization Service, and $9,000,000 shall be available only for the Department of State to carry out the provisions of this section. '(2) The amounts authorized by paragraph (1) are in addition to other amounts authorized to be appropriated for fiscal year 1989. '(d) Continuing Full Implementation Required. - All agencies participating in the development and implementation of the border security program and systems mandated in this section shall maintain their participation and contributions to the program and systems authorized under this section at full implementation levels in fiscal years 1990, 1991, and 1992, subject to the availability of appropriations.' IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT Pub. L. 100-690, title VII, Sec. 7350, Nov. 18, 1988, 102 Stat. 4473, provided that: '(a) Pilot Program Regarding the Identification of Certain Aliens. - '(1) Within 6 months after the effective date of this subtitle (Nov. 18, 1988), the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as the 'Service') to respond to inquiries from Federal, State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as added by section 7342 of this subtitle). '(2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and local prosecutors and law enforcement agencies. The Attorney General shall submit a report containing the conclusions of such evaluation to the Committees on the Judiciary of the House of Representatives and of the Senate within 60 days after the completion of such evaluation. '(b) Hiring of Investigative Agents. - '(1) Any investigative agent hired by the Attorney General for purposes of this section shall be employed exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and crimes of violence by aliens. '(2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available to individuals who perform hazardous law enforcement activities.' PILOT PROGRAM TO ESTABLISH OR IMPROVE COMPUTER CAPABILITIES Pub. L. 99-570, title I, Sec. 1751(e), Oct. 27, 1986, 100 Stat. 3207-48, provided that: '(1) From the sums appropriated to carry out this Act, the Attorney General, through the Investigative Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the computer capabilities of the local offices of the Service and of local law enforcement agencies to respond to inquiries concerning aliens who have been arrested or convicted for, or are the subject to criminal investigation relating to, a violation of any law relating to controlled substances. The Attorney General shall select cities in a manner that provides special consideration for cities located near the land borders of the United States and for large cities which have major concentrations of aliens. Some of the sums made available under the pilot program shall be used to increase the personnel level of the Investigative Division. '(2) At the end of the first year of the pilot program, the Attorney General shall provide for an evaluation of the effectiveness of the program and shall report to Congress on such evaluation and on whether the pilot program should be extended or expanded.' EMERGENCY PLANS FOR REGULATION OF NATIONALS OF ENEMY COUNTRIES Attorney General to develop national security emergency plans for regulation of immigration, regulation of nationals of enemy countries, and plans to implement laws for control of persons entering or leaving the United States, see section 1101(4) of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title 50, Appendix, War and National Defense. -CROSS- CROSS REFERENCES Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see section 1201 of this title. Definition of alien, attorney general, commissioner, consular officer, entry, immigration laws, and service, see section 1101 of this title. Office of Commissioner of Immigration and Naturalization, see section 1552 of this title. ------DocID 11565 Document 107 of 470------ -CITE- 8 USC Sec. 1104 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1104. Powers and duties of Secretary of State; Bureau of Consular Affairs -STATUTE- (a) Powers and duties The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immigration and nationality laws relating to (1) the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the granting or refusal of visas; (2) the powers, duties, and functions of the Bureau of Consular Affairs; and (3) the determination of nationality of a person not in the United States. He shall establish such regulations; prescribe such forms of reports, entries and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out such provisions. He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment under whose jurisdiction the employee is serving, any of the powers, functions, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Department of State or of the American Foreign Service. (b) Creation of Bureau of Consular Affairs; duties of Assistant Secretary of State for Consular Affairs There is established in the Department of State a Bureau of Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs. The Assistant Secretary of State for Consular Affairs shall be a citizen of the United States, qualified by experience, and shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this chapter by consular officers. He shall be charged with any and all responsibility and authority in the administration of the Bureau and of this chapter which are conferred on the Secretary of State as may be delegated to him by the Secretary of State or which may be prescribed by the Secretary of State. He shall also perform such other duties as the Secretary of State may prescribe. (c) Passport Office, Visa Office, and other offices; directors Within the Bureau there shall be a Passport Office, a Visa Office, and such other offices as the Secretary of State may deem to be appropriate, each office to be headed by a director. The Directors of the Passport Office and the Visa Office shall be experienced in the administration of the nationality and immigration laws. (d) Transfer of duties The functions heretofore performed by the Passport Division and the Visa Division of the Department of State shall hereafter be performed by the Passport Office and the Visa Office, respectively, of the Bureau of Consular Affairs. (e) General Counsel of Visa Office; appointment and duties There shall be a General Counsel of the Visa Office, who shall be appointed by the Secretary of State and who shall serve under the general direction of the Legal Adviser of the Department of State. The General Counsel shall have authority to maintain liaison with the appropriate officers of the Service with a view to securing uniform interpretations of the provisions of this chapter. -SOURCE- (June 27, 1952, ch. 477, title I, Sec. 104, 66 Stat. 174; June 28 1962, Pub. L. 87-510, Sec. 4(a)(2), 76 Stat. 123; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 305(43), 78 Stat. 428; Aug. 17, 1977, Pub. L. 95-105, title I, Sec. 109(b)(1), 91 Stat. 847; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(d), 102 Stat. 2620.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-525 substituted 'Bureau of Consular Affairs' for 'Bureau of Security and Consular Affairs' in section catchline. 1977 - Subsec. (a)(2). Pub. L. 95-105, Sec. 109(b)(1)(A), struck out 'Security and' after 'Bureau of'. Subsec. (b). Pub. L. 95-105, Sec. 109(b)(1)(B), substituted 'Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs' for 'Security and Consular Affairs, to be headed by an administrator (with an appropriate title to be designated by the Secretary of State), with rank equal to that of an Assistant Secretary of State' and 'Assistant Secretary of State for Consular Affairs' for 'administrator' and struck out provision that the administrator shall be appointed by the President by and with the advice and consent of the Senate. Subsec. (d). Pub. L. 95-105, Sec. 109(b)(1)(C), struck out 'Security and' after 'Bureau of'. Subsec. (f). Pub. L. 95-105, Sec. 109(b)(1)(D), struck out subsec. (f) which placed Bureau of Security and Consular Affairs under immediate jurisdiction of Deputy Under Secretary of State for Administration. 1964 - Subsec. (b). Pub. L. 88-426 repealed provisions which related to compensation of Administrator. See section 5311 et seq. of Title 5, Government Organization and Employees. 1962 - Subsec. (b). Pub. L. 87-510 provided for appointment of Administrator of Bureau of Security and Consular Affairs by President by and with advice and consent of Senate. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. ASSUMPTION OF DUTIES BY ADMINISTRATOR OF BUREAU OF SECURITY AND CONSULAR AFFAIRS Section 109(b)(4) of Pub. L. 95-105 provided that: 'The individual holding the position of administrator of the Bureau of Security and Consular Affairs on the date of enactment of this section (Aug. 17, 1977) shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section.' REFERENCES TO BUREAU OF SECURITY AND CONSULAR AFFAIRS OR ADMINISTRATOR Section 109(b)(5) of Pub. L. 95-105 provided that: 'Any reference in any law to the Bureau of Security and Consular Affairs or to the administrator of such Bureau shall be deemed to be a reference to the Bureau of Consular Affairs or to the Assistant Secretary of State for Consular Affairs, respectively.' -CROSS- CROSS REFERENCES Definition of administrator, consular officer, immigrant visa, immigration laws, national, nonimmigrant visa, passport, and service, see section 1101 of this title. Deputy Under Secretaries of State, see sections 2652 and 2653 of Title 22, Foreign Relations and Intercourse. Legal Adviser of the Department of State, establishment of office, appointment and rank, see section 2653 of Title 22. ------DocID 11566 Document 108 of 470------ -CITE- 8 USC Sec. 1105 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1105. Liaison with internal security officers -STATUTE- The Commissioner and the Assistant Secretary of State for Consular Affairs shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal security of the United States. The Commissioner and the Assistant Secretary of State for Consular Affairs shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws. -SOURCE- (June 27, 1952, ch. 477, title I, Sec. 105, 66 Stat. 175; Aug. 17, 1977, Pub. L. 95-105, title I, Sec. 109(b)(2), 91 Stat. 847.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-105 substituted 'Assistant Secretary of State for Consular Affairs' for 'administrator' in two places. -CROSS- CROSS REFERENCES Central Intelligence Agency, see section 403 et seq. of Title 50, War and National Defense. Definition of administrator, commissioner, and immigration laws, see section 1101 of this title. Federal Bureau of Investigation, see section 531 et seq. of Title 28, Judiciary and Judicial Procedure. Internal security, see section 781 et seq. of Title 50, War and National Defense. ------DocID 11567 Document 109 of 470------ -CITE- 8 USC Sec. 1105a -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1105a. Judicial review of orders of deportation and exclusion -STATUTE- (a) Exclusiveness of procedure The procedure prescribed by, and all the provisions of chapter 158 of title 28, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of deportation, heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 1252(b) of this title or comparable provisions of any prior Act, except that - (1) Time for filing petition a petition for review may be filed not later than 90 days after the date of the issuance of the final deportation order, or, in the case of an alien convicted of an aggravated felony, not later than 30 days after the issuance of such order; (2) Venue the venue of any petition for review under this section shall be in the judicial circuit in which the administrative proceedings before a special inquiry officer were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this chapter, of the petitioner, but not in more than one circuit; (3) Respondent; service of petition; stay of deportation the action shall be brought against the Immigration and Naturalization Service, as respondent. Service of the petition to review shall be made upon the Attorney General of the United States and upon the official of the Immigration and Naturalization Service in charge of the Service district in which the office of the clerk of the court is located. The service of the petition for review upon such official of the Service shall stay the deportation of the alien pending determination of the petition by the court, unless the court otherwise directs or unless the alien is convicted of an aggravated felony, in which case the Service shall not stay the deportation of the alien pending determination of the petition of the court unless the court otherwise directs; (4) Determination upon administrative record except as provided in clause (B) of paragraph (5) of this subsection, the petition shall be determined solely upon the administrative record upon which the deportation order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive; (5) Claim of nationality; determination or transfer to district court for hearing de novo whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of section 2201 of title 28. Any such petitioner shall not be entitled to have such issue determined under section 1503(a) of this title or otherwise; (6) Consolidation whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order; (7) Challenge of validity of deportation order in criminal proceeding; motion for judicial review before trial; hearing de novo on nationality claim; determination of motion; dismissal of indictment upon invalidity of order; appeal if the validity of a deportation order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (d) or (e) of section 1252 of this title only by separate motion for judicial review before trial. Such motion shall be determined by the court without a jury and before the trial of the general issue. Whenever a claim to United States nationality is made in such motion, and in the opinion of the court, a genuine issue of material fact as to the alien's nationality is presented, the court shall accord him a hearing de novo on the nationality claim and determine that issue as if proceedings had been initiated under the provisions of section 2201 of title 28. Any such alien shall not be entitled to have such issue determined under section 1503(a) of this title or otherwise. If no such hearing de novo as to nationality is conducted, the determination shall be made solely upon the administrative record upon which the deportation order is based and the Attorney General's findings of fact, if supported by reasonable, substantial and probative evidence on the record considered as a whole, shall be conclusive. If the deportation order is held invalid, the court shall dismiss the indictment and the United States shall have the right to appeal to the court of appeals within thirty days. The procedure on such appeals shall be as provided in the Federal rules of criminal procedure. No petition for review under this section may be filed by any alien during the pendency of a criminal proceeding against such alien for violation of subsection (d) or (e) of section 1252 of this title; (8) Deferment of deportation; compliance of alien with other provisions of law; detention or taking into custody of alien nothing in this section shall be construed to require the Attorney General to defer deportation of an alien after the issuance of a deportation order because of the right of judicial review of the order granted by this section, or to relieve any alien from compliance with subsections (d) and (e) of section 1252 of this title. Nothing contained in this section shall be construed to preclude the Attorney General from detaining or continuing to detain an alien or from taking him into custody pursuant to subsection (c) of section 1252 of this title at any time after the issuance of a deportation order; (9) Typewritten record and briefs it shall not be necessary to print the record or any part thereof, or the briefs, and the court shall review the proceedings on a typewritten record and on typewritten briefs; and (10) Habeas corpus any alien held in custody pursuant to an order of deportation may obtain judicial review thereof by habeas corpus proceedings. (b) Limitation of certain aliens to habeas corpus proceedings Notwithstanding the provisions of any other law, any alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of section 1226 of this title or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise. (c) Exhaustion of administrative remedies or departure from United States; disclosure of prior judicial proceedings An order of deportation or of exclusion shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations or if he has departed from the United States after the issuance of the order. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order. -SOURCE- (June 27, 1952, ch. 477, title I, Sec. 106, as added Sept. 26, 1961, Pub. L. 87-301, Sec. 5(a), 75 Stat. 651, and amended Dec. 29, 1981, Pub. L. 97-116, Sec. 18(b), 95 Stat. 1620; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(e), 102 Stat. 2620; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7347(b), 102 Stat. 4472; Nov. 29, 1990, Pub. L. 101-649, title V, Sec. 502(a), 513(a), 545(b), 104 Stat. 5048, 5052, 5065.) -REFTEXT- REFERENCES IN TEXT The Federal rules of criminal procedure, referred to in subsec. (a)(7), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. -MISC2- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 545(b)(1), substituted '90 days' for '6 months'. Pub. L. 101-649, Sec. 502(a), substituted '30 days' for '60 days'. Subsec. (a)(3). Pub. L. 101-649, Sec. 513(a), inserted before semicolon at end 'or unless the alien is convicted of an aggravated felony, in which case the Service shall not stay the deportation of the alien pending determination of the petition of the court unless the court otherwise directs'. Subsec. (a)(6) to (10). Pub. L. 101-649, Sec. 545(b)(2), (3), added par. (6) and redesignated former pars. (6) to (9) as (7) to (10), respectively. 1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(e)(1), substituted 'chapter 158 of title 28' for 'the Act of December 29, 1950, as amended (64 Stat. 1129; 68 Stat. 961; 5 U.S.C. 1031 et seq.)' in introductory provisions. Subsec. (a)(1). Pub. L. 100-690 amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'a petition for review may be filed not later than six months from the date of the final deportation order.' Pub. L. 100-525, Sec. 9(e)(2), struck out 'or from the effective date of this section, whichever is the later'. 1981 - Subsec. (a)(1). Pub. L. 97-116 substituted a semicolon for a period at end. EFFECTIVE DATE OF 1990 AMENDMENT Section 502(b) of Pub. L. 101-649 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to final deportation orders issued on or after January 1, 1991.' Section 513(b) of Pub. L. 101-649 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to petitions to review filed more than 60 days after the date of the enactment of this Act (Nov. 29, 1990).' Amendment by section 545(b) of Pub. L. 101-649 applicable to final orders of deportation entered on or after Jan. 1, 1991, see section 545(g)(4) of Pub. L. 101-649, set out as a note under section 1252b of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 7347(b) of Pub. L. 100-690 applicable in the case of any alien convicted of an aggravated felony on or after Nov. 18, 1988, see section 7347(c) of Pub. L. 100-690, set out as an Effective Date note under section 1252a of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. EFFECTIVE DATE; PENDING PROCEEDINGS; SEPARABILITY Section 5(b) of Pub. L. 87-301 provided that: 'This section shall take effect on the thirtieth day after its approval (Sept. 26, 1961) and, notwithstanding the provisions of any other law, including section 405 of the Immigration and Nationality Act (set out as a note under section 1101 of this title), shall then be applicable to all administrative proceedings involving deportation or exclusion of aliens notwithstanding (1) that the person involved entered the United States prior to the effective date of this section or of the Immigration and Nationality Act (this chapter) or (2) that the administrative proceeding was commenced or conducted prior to the effective date of this section or of the Immigration and Nationality Act (this chapter). Any judicial proceeding to review an order of deportation which is pending unheard in any district court of the United States on the effective date of this section (other than a habeas corpus or criminal proceeding in which the validity of the deportation order has been challenged) shall be transferred for determination in accordance with this section to the court of appeals having jurisdiction to entertain a petition for review under this section. Any judicial proceeding to review an order of exclusion which is pending unheard on the effective date of this section shall be expedited in the same manner as is required in habeas corpus. All laws or parts of laws inconsistent with this section are, to the extent of such inconsistency, repealed. If any particular provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1160, 1252b, 1255a of this title. ------DocID 11568 Document 110 of 470------ -CITE- 8 USC Sec. 1106 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1106. Repealed. Pub. L. 91-510, title IV, Sec. 422(a), Oct. 26, 1970, 84 Stat. 1189 -MISC1- Section, act June 27, 1952, ch. 477, title IV, Sec. 401, 66 Stat. 274, provided for establishment of Joint Committee on Immigration and Nationality, including its composition, necessity of membership on House or Senate Committee on the Judiciary, vacancies and election of chairman, functions, reports, submission of regulations to Committee, hearings and subpena, travel expenses, employment of personnel, payment of Committee expenses, and effective date. EFFECTIVE DATE OF REPEAL Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. ABOLITION OF JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY Pub. L. 91-510, title IV, Sec. 421, Oct. 26, 1970, 84 Stat. 1189, abolished the Joint Committee on Immigration and Nationality established by former subsec. (a) of this section. ------DocID 11569 Document 111 of 470------ -CITE- 8 USC SUBCHAPTER II -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II -HEAD- SUBCHAPTER II - IMMIGRATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1101, 1364 of this title. ------DocID 11570 Document 112 of 470------ -CITE- 8 USC Part I -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Part I - Selection System ------DocID 11571 Document 113 of 470------ -CITE- 8 USC Sec. 1151 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1151. Worldwide level of immigration -STATUTE- (a) In general Exclusive of aliens described in subsection (b) of this section, aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to - (1) family-sponsored immigrants described in section 1153(a) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(a) of this title) in a number not to exceed in any fiscal year the number specified in subsection (c) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; (2) employment-based immigrants described in section 1153(b) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(b) of this title), in a number not to exceed in any fiscal year the number specified in subsection (d) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and (3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153(c) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(c) of this title) in a number not to exceed in any fiscal year the number specified in subsection (e) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year. (b) Aliens not subject to direct numerical limitations Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a) of this section, are as follows: (1)(A) Special immigrants described in subparagraph (A) or (B) of section 1101(a)(27) of this title. (B) Aliens who are admitted under section 1157 of this title or whose status is adjusted under section 1159 of this title. (C) Aliens whose status is adjusted to permanent residence under section 1160, 1161, or 1255a of this title. (D) Aliens whose deportation is suspended under section 1254(a) of this title. (E) Aliens provided permanent resident status under section 1259 of this title. (2)(A)(i) Immediate relatives. - For purposes of this subsection, the term 'immediate relatives' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 1154(a)(1)(A) of this title within 2 years after such date and only until the date the spouse remarries. (ii) Aliens admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative. (B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. (c) Worldwide level of family-sponsored immigrants (1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to - (i) 480,000, minus (ii) the number computed under paragraph (2), plus (iii) the number (if any) computed under paragraph (3). (B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i). (ii) In no case shall the number computed under subparagraph (A) be less than 226,000. (2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) of this section who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year. (3) The number computed under this paragraph for a fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(b) of this title (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year. (d) Worldwide level of employment-based immigrants (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to - (A) 140,000, plus (B) the number computed under paragraph (2). (2) The number computed under this paragraph for a fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. (e) Worldwide level of diversity immigrants The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 201, 66 Stat. 175; Oct. 3, 1965, Pub. L. 89-236, Sec. 1, 79 Stat. 911; Oct. 20, 1976, Pub. L. 94-571, Sec. 2, 90 Stat. 2703; Oct. 5, 1978, Pub. L. 95-412, Sec. 1, 92 Stat. 907; Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 203(a), 94 Stat. 106; Dec. 29, 1981, Pub. L. 97-116, Sec. 20((a)), 95 Stat. 1621; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 101(a), 104 Stat. 4980.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-649 amended section generally, substituting provisions setting forth general and worldwide levels for family-sponsored, employment-based, and diversity immigrants, for provisions setting forth numerical limitations on total lawful admissions without breakdown as to type. 1981 - Subsec. (a). Pub. L. 97-116 inserted proviso authorizing Secretary of State, to the extent that in a particular fiscal year the number of aliens who are issued immigrant visas or who otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitations of this section, together with the aliens who adjust their status to aliens lawfully admitted for permanent residence pursuant to section 1101(a)(27)(H) of this title or section 19 of the Immigration and Nationality Amendments of 1981, exceed the annual numerical limitation in effect, to reduce to such extent the annual numerical limitation in effect for the following fiscal year. 1980 - Subsec. (a). Pub. L. 96-212 inserted provisions relating to aliens admitted or granted asylums under section 1157 or 1158 of this title, struck out provisions relating to aliens entering conditionally under section 1153(a)(7) of this title, and decreased the authorized number from seventy-seven thousand to seventy-two thousand in each of the first three-quarters of any fiscal year, and from two hundred and ninety thousand to two hundred and seventy thousand in any fiscal year as the maximum number of admissions for such periods. 1978 - Subsec. (a). Pub. L. 95-412 substituted provisions establishing a single worldwide annual immigration ceiling of 290,000 aliens and limiting to 77,000 the number of aliens subject to such ceiling which may be admitted in each of the first three quarters of any fiscal year for provisions establishing separate annual immigration ceilings of 170,000 aliens for the Eastern Hemisphere and 120,000 aliens for the Western Hemisphere and limiting to 45,000 the number of aliens subject to the Eastern Hemisphere ceiling and to 32,000 the number of aliens subject to the Western Hemisphere ceiling which may be admitted in the first three quarters of any fiscal year. 1976 - Subsec. (a). Pub. L. 94-571, Sec. 2(1), in amending subsec. (a) generally, designated existing provisions as cl. (1) limited to aliens born in any foreign state or dependent area located in the Eastern Hemisphere and added cl. (2). Subsecs. (c) to (e). Pub. L. 94-571, Sec. 2(2), struck out subsec. (c) which provided for determination of unused quota numbers, subsec. (d) which provided for an immigration pool, limitation on total numbers, and allocations therefrom, and subsec. (e) which provided for termination of immigration pool on June 30, 1968, and for carryover of admissible immigrants. 1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting up a 170,000 maximum on total annual immigration and 45,000 maximum on total quarterly immigration without regard to national origins, for provisions setting an annual quota for quota areas which allowed admission of one-sixth of one per centum of portion of national population of continental United States in 1920 attributable by national origin of that quota area and setting a minimum quota of 100 for each quota area. Subsec. (b). Pub. L. 89-236 substituted provisions defining 'immediate relatives' for provisions calling for a determination of annual quota for each quota area by Secretaries of State and Commerce and Attorney General, and proclamation of quotas by President. Subsec. (c). Pub. L. 89-236 substituted provisions allowing carryover through June 30, 1968, of quotas for quota areas in effect on June 30, 1965, and redistribution of unused quota numbers, for provisions which limited issuance of immigrant visas. Subsec. (d). Pub. L. 89-236 substituted provisions creating an immigration pool and allocating its numbers without reference to the quotas to which an alien is chargeable, for provisions allowing issuance of an immigrant visa to an immigrant as a quota immigrant even though he might be a nonquota immigrant. Subsec. (e). Pub. L. 89-236 substituted provisions terminating the immigration pool on June 30, 1968, for provisions permitting reduction of annual quotas based on national origins pursuant to Act of Congress prior to effective date of proclaimed quotas. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-212 effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Section 20 of Pub. L. 89-236 provided that: 'This Act (amending this section and sections 1101, 1152 to 1156, 1181, 1182, 1201, 1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this title, repealing section 1157 of this title, and enacting provisions set out as a note under this section) shall become effective on the first day of the first month after the expiration of thirty days following the date of its enactment (Oct. 3, 1965) except as provided herein.' INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS RESIDING IN THE UNITED STATES VIRGIN ISLANDS The numerical limitations described in subsec. (a) of this section not to apply in the case of certain aliens residing in the Virgin Islands seeking adjustment of their status to permanent resident alien status, and such adjustment of status not to result in any reduction in the number of aliens who may acquire the status of aliens lawfully admitted to the United States for permanent residence under this chapter, see section 2(c)(1) of Pub. L. 97-271, set out as a note under section 1255 of this title. EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978 Section 19 of Pub. L. 97-116 provided that: 'The numerical limitations contained in sections 201 and 202 of the Immigration and Nationality Act (sections 1151 and 1152 of this title) shall not apply to any alien who is present in the United States and who, on or before June 1, 1978 - '(1) qualified as a nonpreference immigrant under section 203(a)(8) of such Act (section 1153(a)(8) of this title) (as in effect on June 1, 1978); '(2) was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act (section 1182(a)(14) of this title) because the alien had actually invested, before such date, capital in an enterprise in the United States of which the alien became a principal manager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanent residence; and '(3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence.' SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY Section 4 of Pub. L. 95-412, as amended by Pub. L. 96-132, Sec. 23, Nov. 30, 1979, 93 Stat. 1051, provided for the establishment of a Select Commission on Immigration and Refugee Policy to study and evaluate existing laws, policies, and procedures governing the admission of immigrants and refugees to the United States, to make such administrative and legislative recommendations to the President and Congress as appropriate, and to submit a final report no later than Mar. 1, 1981, at which time it ceased to exist although it was authorized to function for up to 60 days thereafter to wind up its affairs. SELECT COMMISSION ON WESTERN HEMISPHERE IMMIGRATION Section 21(a)-(d) and (f)-(h) of Pub. L. 89-236 established a Select Commission on Western Hemisphere Immigration to study the operation of the immigration laws of the United States as they pertain to Western Hemisphere nations, with emphasis on the adequacy of such laws from the standpoint of fairness and the impact of such laws on employment and working conditions within the United States, and to make a final report to the President on or before Jan. 15, 1968, and terminate not later than 60 days after filing the final report. TERMINATION OF QUOTA DEDUCTIONS Section 10 of Pub. L. 85-316, Sept. 11, 1957, 71 Stat. 642, provided that the quota deductions required under the provisions of former subsec. (e) of this section, the Displaced Persons Act of 1948, as amended, the act of June 30, 1950, and the act of April 9, 1952 were terminated effective July 1, 1957. -CROSS- CROSS REFERENCES Definition of immigrant, immigrant visa, and national, see section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1101, 1152, 1153, 1154, 1160, 1186a, 1202, 1255, 1255a of this title. ------DocID 11572 Document 114 of 470------ -CITE- 8 USC Sec. 1151a -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1151a. Repealed. Pub. L. 94-571, Sec. 7(g), Oct. 20, 1976, 90 Stat. 2706 -MISC1- Section, Pub. L. 89-236, Sec. 21(e), Oct. 3, 1965, 79 Stat. 921, limited total number of special immigrants under section 1101(a)(27)(A) of this title, less certain exclusions, to 120,000 for fiscal years beginning July 1, 1968, or later. EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which begins more than 60 days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as an Effective Date of 1976 Amendment note under section 1101 of this title. ------DocID 11573 Document 115 of 470------ -CITE- 8 USC Sec. 1152 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1152. Numerical limitations on individual foreign states -STATUTE- (a) Per country level (1) Nondiscrimination Except as specifically provided in paragraph (2) and in sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence. (2) Per country levels for family-sponsored and employment-based immigrants Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year. (3) Exception if additional visas available If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter. (4) Special rules for spouses and children of lawful permanent resident aliens (A) 75 percent of minimum 2nd preference set-aside for spouses and children not subject to per country limitation (i) In general Of the visa numbers made available under section 1153(a) of this title to immigrants described in section 1153(a)(2)(A) of this title in any fiscal year, 75 percent of the 2-A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2). (ii) '2-A floor' defined In this paragraph, the term '2-A floor' means, for a fiscal year, 77 percent of the total number of visas made available under section 1153(a) of this title to immigrants described in section 1153(a)(2) of this title in the fiscal year. (B) Treatment of remaining 25 percent for countries subject to subsection (e) (i) In general Of the visa numbers made available under section 1153(a) of this title to immigrants described in section 1153(a)(2)(A) of this title in any fiscal year, the remaining 25 percent of the 2-A floor shall be available in the case of a state or area that is subject to subsection (e) of this section only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or area is less than the subsection (e) ceiling (as defined in clause (ii)). (ii) 'Subsection (e) ceiling' defined In clause (i), the term 'subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 1153(a) of this title to immigrants who are natives of the state or area under section 1153(a)(2) of this title consistent with subsection (e) of this section. (C) Treatment of unmarried sons and daughters in countries subject to subsection (e) In the case of a foreign state or dependent area to which subsection (e) of this section applies, the number of immigrant visas that may be made available to natives of the state or area under section 1153(a)(2)(B) of this title may not exceed - (i) 23 percent of the maximum number of visas that may be made available under section 1153(a) of this title to immigrants of the state or area described in section 1153(a)(2) of this title consistent with subsection (e) of this section, or (ii) the number (if any) by which the maximum number of visas that may be made available under section 1153(a) of this title to immigrants of the state or area described in section 1153(a)(2) of this title consistent with subsection (e) of this section exceeds the number of visas issued under section 1153(a)(2)(A) of this title, whichever is greater. (D) Limiting pass down for certain countries subject to subsection (e) In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(a)(2) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(a)(2) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 1153(a) of this title under subsection (e)(2) of this section all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section. (b) Rules for chargeability Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this chapter the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent. (c) Chargeability for dependent areas Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 1151(b) of this title, shall be chargeable for the purpose of the limitation set forth in subsection (a) of this section, to the foreign state. (d) Changes in territory In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change issue appropriate instructions to all diplomatic and consular offices. (e) Special rules for countries at ceiling If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 1153 of this title to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) of this section in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 1153 of this title, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 1153 of this title) in a manner so that - (1) the ratio of the visa numbers made available under section 1153(a) of this title to the visa numbers made available under section 1153(b) of this title is equal to the ratio of the worldwide level of immigration under section 1151(c) of this title to such level under section 1151(d) of this title; (2) except as provided in subsection (a)(4) of this section, the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 1153(a) of this title is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 1153(a) of this title, and (3) the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 1153(b) of this title is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 1153(b) of this title. Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 1153(a) or 1153(b) of this title if there is insufficient demand for visas for such natives under section 1153(b) or 1153(a) of this title, respectively, or as limiting the number of visas that may be issued under section 1153(a)(2)(A) of this title pursuant to subsection (a)(4)(A) of this section. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 202, 66 Stat. 176; Sept. 26, 1961, Pub. L. 87-301, Sec. 9, 75 Stat. 654; Oct. 3, 1965, Pub. L. 89-236, Sec. 2, 79 Stat. 911; Oct. 20, 1976, Pub. L. 94-571, Sec. 3, 90 Stat. 2703; Oct. 5, 1978, Pub. L. 95-412, Sec. 2, 92 Stat. 907; Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 203(b), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97-116, Sec. 18(c), 20(b), 95 Stat. 1620, 1622; Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 311(a), 100 Stat. 3434; Nov. 14, 1986, Pub. L. 99-653, Sec. 4, 100 Stat. 3655; Oct. 24, 1988, Pub. L. 100-525, Sec. 8(c), 9(f), 102 Stat. 2617, 2620; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 102, 104 Stat. 4982.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-649, Sec. 102(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in sections 1101(a)(27), 1151(b), and 1153 of this title: Provided, That the total number of immigrant visas made available to natives of any single foreign state under paragraphs (1) through (7) of section 1153(a) of this title shall not exceed 20,000 in any fiscal year: And provided further, That to the extent that in a particular fiscal year the number of such natives who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical limitations of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 1101(a)(27) of this title or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same foreign state pursuant to this section for the following fiscal year.' Subsec. (b). Pub. L. 101-649, Sec. 102(2), inserted heading and substituted reference to numerical level established under subsec. (a)(2) of this section for reference to numerical limitation set forth in proviso to subsec. (a) of this section, wherever appearing. Subsec. (c). Pub. L. 101-649, Sec. 102(3), inserted heading and substituted 'an alien described in section 1151(b) of this title' for 'a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of a United States citizen, as defined in section 1151(b) of this title' and struck out ', and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 5,000 in any one fiscal year' after 'to the foreign state'. Subsec. (d). Pub. L. 101-649, Sec. 102(4), inserted heading. Subsec. (e). Pub. L. 101-649, Sec. 102(5), amended subsec. (e) generally, substituting provisions relating to special rules for countries at ceiling for provisions relating to availability and allocation of additional visas. 1988 - Subsec. (b). Pub. L. 100-525, Sec. 8(c), amended Pub. L. 99-653, Sec. 4. See 1986 Amendment note below. Subsec. (c). Pub. L. 100-525, Sec. 9(f)(1), substituted 'subsection (a)' for 'section 202(a)' in original, which for purposes of codification had been translated as 'subsection (a) of this section'. Subsec. (e). Pub. L. 100-525, Sec. 9(f)(2), substituted 'this section' for 'section 202' in original, which for purposes of codification had been translated as 'this section'. 1986 - Subsec. (b). Pub. L. 99-653, as amended by Pub. L. 100-525, Sec. 8(c), amended subsec. (b) generally, substituting 'outlying possessions, shall' for 'outlying possessions shall', in cl. (1) substituting 'when accompanied by or following to join his alien' for 'when accompanied by his alien', 'charged to the foreign state of either parent' for 'charged to the same foreign state as the accompanying parent or of either accompanying parent', 'from the parent' for 'from the accompanying parent', 'and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached the numerical' for 'and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical', in cl. (2) substituting 'of his spouse' for 'of his accompanying spouse', 'of the spouse he is accompanying or following to join' for 'of the accompanying spouse', 'and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached the numerical' for 'and if the foreign state to which such spouse has been or would be chargeable has not exceeded the numerical', and in cl. (3) substituting 'subject, or, if' for 'subject, or if' and 'country, in' for 'country then in'. Subsec. (c). Pub. L. 99-603, Sec. 311(a)(1), substituted '5,000' for 'six hundred'. Subsec. (e). Pub. L. 99-603, Sec. 311(a)(2), substituted '5,000' for '600' in provisions preceding par. (1). 1981 - Subsec. (a). Pub. L. 97-116, Sec. 20(b), inserted proviso authorizing Secretary of State, to the extent that in a particular fiscal year the number of natives who are issued visas or who otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitation of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to section 1101(a)(27)(H) of this title and section 19 of the Immigration and Nationality Amendments of 1981, exceed the annual numerical limitation in effect for such year, to reduce to such extent the numerical limitation in effect for the natives of the same foreign state for the following fiscal year. Subsec. (b). Pub. L. 97-116, Sec. 18(c), inserted 'and' before '(4)'. 1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(b)(1), (2), substituted 'through (7)' for 'through (8)', and struck out 'and the number of conditional entries' after 'visas'. Subsec. (e). Pub. L. 96-212, Sec. 203(b)(3)-(7), in introductory text struck out provisions relating to applicability to conditional entries, in par. (2) substituted '(26)' for '(20)', struck out par. (7) relating to availability of conditional entries, and redesignated par. (8) as (7) and substituted 'through (6)' for 'through (7)'. 1978 - Subsec. (c). Pub. L. 95-412 substituted 'limitation set forth in subsection (a) of this section, to the foreign state,' for 'limitations set forth in section 1151(a) and subsection (a) of this section, to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively,' and 'six hundred' for '600'. 1976 - Subsec. (a). Pub. L. 94-571, Sec. 3(1), struck out last proviso which read: 'Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968'. Subsec. (c). Pub. L. 94-571, Sec. 3(2), in revising provisions, substituted 'overseas from the foreign state, other than a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of a United States citizen, as defined in section 1151(b) of this title, shall be chargeable for the purpose of the limitations set forth in section 1151(a) of this title and subsection (a) of this section, to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 600 in any one fiscal year' for 'unless a special immigrant as provided in section 1101(a)(27) of this title or an immediate relative of a United States citizen as specified in section 1151(b) of this title, shall be chargeable, for the purpose of limitation set forth in subsection (a) of this section, to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state'. Subsec. (e). Pub. L. 94-571, Sec. 3(3), added subsec. (e). 1965 - Subsec. (a). Pub. L. 89-236 substituted provisions prohibiting preferences or priorities or discrimination in the issuance of an immigrant visa because of race, sex, nationality, place of birth, or place of residence, setting a limit of 20,000 per year on the total number of entries available to natives of any single foreign state, and prohibiting the 20,000 limitation from reducing the number of immigrants under the quota of any quota area before June 30, 1968, for provisions calling for the charging of immigrants, with certain exceptions, to the annual quota of the quota area of his birth. Subsec. (b). Pub. L. 89-236 substituted provisions calling for treatment of each independent country, self-governing dominion, mandated territory, and trusteeship territory as a separate foreign state for purposes of determining the numerical limitation imposed on each foreign state, and chargeability of immigrants to the country of their birth except where such chargeability would cause the family unit to be divided, for provisions setting up the Asia-Pacific triangle and providing for the special treatment of quota chargeability thereunder on the basis of racial ancestry. Subsec. (c). Pub. L. 89-236 substituted provisions making immigrants born in colonies or other component or dependent areas of a foreign state chargeable to the foreign state and placing a limitation on the number of such immigrants of 1 per centum of the maximum number of visas available to the foreign state, for provisions making immigrants born in colonies for which no specific quota are set chargeable to the governing country and placing a limit of 100 on such immigrants from each governing country each year, with special application to the Asia-Pacific triangle. Subsec. (d). Pub. L. 89-236 substituted provisions requiring Secretary of State, upon a change in the territorial limits of foreign states, to issue appropriate instructions to all diplomatic and consular offices, for provisions that the terms of an immigration quota for a quota area do not constitute recognition of the transfer of territory or of a government not recognized by the United States. Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which allowed revision of quotas. 1961 - Subsec. (e). Pub. L. 87-301 provided that if an area undergoes a change of administrative arrangements, boundaries, or other political change, the annual quota of the newly established area, or the visas authorized to be issued shall not be less than the total of quotas in effect or visas authorized for the area immediately preceding the change, and deleted provisions which in the event of an increase in minimum quota areas above twenty in the Asia-Pacific triangle, would proportionately decrease each quota of the area so the sum of all area quotas did not exceed two thousand. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99-653, set out as a note under section 1101 of this title. Section 311(b) of Pub. L. 99-603 provided that: 'The amendments made by subsection (a) (amending this section) shall apply to fiscal years beginning after the date of the enactment of this Act (Nov. 6, 1986).' EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-212 effective, except as otherwise provided, Apr. 1, 1980, see section 204 of Pub. L. 96-212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS Section 103 of Pub. L. 101-649 provided that: 'The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act (8 U.S.C. 1152(b)) shall be considered to have been granted, effective beginning with fiscal year 1991, with respect to Hong Kong as a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections (a) and (b) of section 203 of such Act (8 U.S.C. 1153(a), (b)) in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000.' (Section 103 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS RESIDING IN THE UNITED STATES VIRGIN ISLANDS The numerical limitations described in text not to apply in the case of certain aliens residing in the Virgin Islands seeking adjustment of their status to permanent resident alien status, and such adjustment of status not to result in any reduction in the number of aliens who may acquire the status of aliens lawfully admitted to the United States for permanent residence under this chapter, see section 2(c)(1) of Pub. L. 97-271, set out as a note under section 1255 of this title. EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978 For provisions rendering inapplicable the numerical limitations contained in this section to certain aliens who had applied for adjustment to the status of permanent resident alien on or before June 1, 1978, see section 19 of Pub. L. 97-116, set out as a note under section 1151 of this title. APPROVAL BY SECRETARY OF STATE TREATING TAIWAN (CHINA) AS SEPARATE FOREIGN STATE FOR PURPOSES OF NUMERICAL LIMITATION ON IMMIGRANT VISAS Pub. L. 97-113, title VII, Sec. 714, Dec. 29, 1981, 95 Stat. 1548, provided that: 'The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act (subsec. (b) of this section) shall be considered to have been granted with respect to Taiwan (China).' -CROSS- CROSS REFERENCES Definition of alien, attorney general, child, consular officer, immigrant, immigrant visa, outlying possessions of the United States, parent, residence, spouse, wife, or husband, and United States, see section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1160, 1255a, 1255b of this title; title 22 section 3303. ------DocID 11574 Document 116 of 470------ -CITE- 8 USC Sec. 1153 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1153. Allocation of immigrant visas -STATUTE- (a) Preference allocation for family-sponsored immigrants Aliens subject to the worldwide level specified in section 1151(c) of this title for family-sponsored immigrants shall be allotted visas as follows: (1) Unmarried sons and daughters of citizens Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4). (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens Qualified immigrants - (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A). (3) Married sons and married daughters of citizens Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2). (4) Brothers and sisters of citizens Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3). (b) Preference allocation for employment-based immigrants Aliens subject to the worldwide level specified in section 1151(d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows: (1) Priority workers Visas shall first be made available in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): (A) Aliens with extraordinary ability An alien is described in this subparagraph if - (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and (iii) the alien's entry into the United States will substantially benefit prospectively the United States. (B) Outstanding professors and researchers An alien is described in this subparagraph if - (i) the alien is recognized internationally as outstanding in a specific academic area, (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and (iii) the alien seeks to enter the United States - (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area, (II) for a comparable position with a university or institution of higher education to conduct research in the area, or (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field. (C) Certain multinational executives and managers An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive. (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability (A) In general Visas shall be made available, in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (B) Waiver of job offer The Attorney General may, when he deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien's services in the sciences, arts, or business be sought by an employer in the United States. (C) Determination of exceptional ability In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability. (3) Skilled workers, professionals, and other workers (A) In general Visas shall be made available, in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2): (i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. (ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions. (iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States. (B) Limitation on other workers Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). (C) Labor certification required An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182(a)(5)(A) of this title. (4) Certain special immigrants Visas shall be made available, in a number not to exceed 10,000, to qualified special immigrants described in section 1101(a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101(a)(27)(C)(ii) of this title. (5) Employment creation (A) In general Visas shall be made available, in a number not to exceed 10,000, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise - (i) which the alien has established, (ii) in which such alien has invested (after November 29, 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and (iii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters). (B) Set-aside for targetted employment areas (i) In general Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who establish a new commercial enterprise described in subparagraph (A) which will create employment in a targetted employment area. (ii) 'Targetted employment area' defined In this paragraph, the term 'targetted employment area' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate). (iii) 'Rural area' defined In this paragraph, the term 'rural area' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States). (C) Amount of capital required (i) In general Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence. (ii) Adjustment for targetted employment areas The Attorney General may, in the case of investment made in a targetted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i). (iii) Adjustment for high employment areas In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment - (I) is not a targetted employment area, and (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i). (c) Diversity immigrants (1) In general Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 1151(e) of this title for diversity immigrants shall be allotted visas each fiscal year as follows: (A) Determination of preference immigration The Attorney General shall determine for the most recent previous 5-fiscal-year period for which data are available, the total number of aliens who are natives of each foreign state and who (i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and (ii) were subject to the numerical limitations of section 1151(a) of this title (other than paragraph (3) thereof) or who were admitted or otherwise provided lawful permanent resident status as an immediate relative or other alien described in section 1151(b)(2) of this title. (B) Identification of high-admission and low-admission regions and high-admission and low-admission states The Attorney General - (i) shall identify - (I) each region (each in this paragraph referred to as a 'high-admission region') for which the total of the numbers determined under subparagraph (A) for states in the region is greater than 1/6 of the total of all such numbers, and (II) each other region (each in this paragraph referred to as a 'low-admission region'); and (ii) shall identify - (I) each foreign state for which the number determined under subparagraph (A) is greater than 50,000 (each such state in this paragraph referred to as a 'high-admission state'), and (II) each other foreign state (each such state in this paragraph referred to as a 'low-admission state'). (C) Determination of percentage of worldwide immigration attributable to high-admission regions The Attorney General shall determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in high-admission regions. (D) Determination of regional populations excluding high-admission states and ratios of populations of regions within low-admission regions and high-admission regions The Attorney General shall determine - (i) based on available estimates for each region, the total population of each region not including the population of any high-admission state; (ii) for each low-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the low-admission regions; and (iii) for each high-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the high-admission regions. (E) Distribution of visas (i) No visas for natives of high-admission states The percentage of visas made available under this paragraph to natives of a high-admission state is 0. (ii) For low-admission states in low-admission regions Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a low-admission region is the product of - (I) the percentage determined under subparagraph (C), and (II) the population ratio for that region determined under subparagraph (D)(ii). (iii) For low-admission states in high-admission regions Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a high-admission region is the product of - (I) 100 percent minus the percentage determined under subparagraph (C), and (II) the population ratio for that region determined under subparagraph (D)(iii). (iv) Redistribution of unused visa numbers If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii). (v) Limitation on visas for natives of a single foreign state The percentage of visas made available under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 percent. (F) 'Region' defined Only for purposes of administering the diversity program under this subsection, Northern Ireland shall be treated as a separate foreign state, each colony or other component or dependent area of a foreign state overseas from the foreign state shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate region: (i) Africa. (ii) Asia. (iii) Europe. (iv) North America (other than Mexico). (v) Oceania. (vi) South America, Mexico, Central America, and the Caribbean. (2) Requirement of education or work experience An alien is not eligible for a visa under this subsection unless the alien - (A) has at least a high school education or its equivalent, or (B) has, within 5 years of the date of application for a visa under this subsection, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience. (3) Maintenance of information The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection. (d) Treatment of family members A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent. (e) Order of consideration (1) Immigrant visas made available under subsection (a) or (b) of this section shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under section 1101(a)(27)(D) of this title, with the Secretary of State) as provided in section 1154(a) of this title. (2) Immigrant visa numbers made available under subsection (c) of this section (relating to diversity immigrants) shall be issued to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved. (3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of State. (f) Presumption Every immigrant shall be presumed not to be described in subsection (a) or (b) of this section, section 1101(a)(27) of this title, or section 1151(b)(2) of this title, until the immigrant establishes to the satisfaction of the consular officer and the immigration officer that the immigrant is so described. In the case of any alien claiming in his application for an immigrant visa to be described in section 1151(b)(1) of this title or in subsection (a) or (b) of this section, the consular officer shall not grant such status until he has been authorized to do so as provided by section 1154 of this title. (g) Lists For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) of this section and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 203, 66 Stat. 178; Sept. 11, 1957, Pub. L. 85-316, Sec. 3, 71 Stat. 639; Sept. 22, 1959, Pub. L. 86-363, Sec. 1-3, 73 Stat. 644; Oct. 3, 1965, Pub. L. 89-236, Sec. 3, 79 Stat. 912; Oct. 20, 1976, Pub. L. 94-571, Sec. 4, 90 Stat. 2705; Oct. 5, 1978, Pub. L. 95-412, Sec. 3, 92 Stat. 907; Oct. 5, 1978, Pub. L. 95-417, Sec. 1, 92 Stat. 917; Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 203(c), (i), 94 Stat. 107, 108; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 111, 121(a), 131, 162(a)(1), title VI, Sec. 603(a)(3), 104 Stat. 4986, 4987, 4997, 5009, 5082.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-649, Sec. 111(2), added subsec. (a) and struck out former subsec. (a) which related to allocation of visas of aliens subject to section 1151(a) limitations. Subsec. (a)(7). Pub. L. 101-649, Sec. 603(a)(3), substituted 'section 1182(a)(5) of this title' for 'section 1182(a)(14) of this title'. Subsec. (b). Pub. L. 101-649, Sec. 111(1), 121(a), added subsec. (b) and redesignated former subsec. (b) as (d). Subsec. (c). Pub. L. 101-649, Sec. 111(1), 131, added subsec. (c) and redesignated former subsec. (c) as (e). Subsec. (d). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (d) and struck out former subsec. (d) which related to order of consideration given applications for immigrant visas. Pub. L. 101-649, Sec. 111(1), redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (e) and struck out former subsec. (e) which related to order of issuance of immigrant visas. Pub. L. 101-649, Sec. 111(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (f) and struck out former subsec. (f) which related to presumption of nonpreference status and grant of status by consular officers. Pub. L. 101-649, Sec. 111(1), redesignated subsec. (d) as (f). Subsec. (g). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (g) and struck out former subsec. (g) which related to estimates of anticipated numbers of visas to be issued, termination and reinstatement of registration of aliens, and revocation of approval of petition. Pub. L. 101-649, Sec. 111(1), redesignated subsec. (e) as (g). 1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(c)(1)-(6), in introductory text struck out applicability to conditional entry, in par. (2) substituted '(26)' for '(20)', struck out par. (7) relating to availability of conditional entries, redesignated former par. (8) as (7) and struck out applicability to number of conditional entries and visas available under former par. (7), and redesignated former par. (9) as (8) and substituted provisions relating to applicability of pars. (1) to (7) to visas, for provisions relating to applicability of pars. (1) to (8) to conditional entries. Subsec. (d). Pub. L. 96-212, Sec. 203(c)(7), substituted 'preference status under paragraphs (1) through (6)' for 'preference status under paragraphs (1) through (7)'. Subsec. (f). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec. (f) which related to reports to Congress of refugees conditionally entering the United States. Subsec. (g). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec. (g) which set forth provisions respecting inspection and examination of refugees after one year. Pub. L. 96-212, Sec. 203(i), substituted provisions relating to inspection and examination of refugees after one year for provisions relating to inspection and examination of refugees after two years. Subsec. (h). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec. (h) which related to the retroactive readjustment of refugee status as an alien lawfully admitted for permanent residence. 1978 - Subsec. (a)(1) to (7). Pub. L. 95-412 substituted '1151(a) of this title' for '1151(a)(1) or (2) of this title' wherever appearing. Subsec. (a)(8). Pub. L. 95-417 inserted provisions requiring a valid adoption home-study prior to the granting of a nonpreference visa for children adopted abroad or coming for adoption by United States citizens and requiring that no other nonpreference visa be issued to an unmarried child under the age of 16 unless accompanying or following to join his natural parents. 1976 - Subsec. (a). Pub. L. 94-571, Sec. 4(1)-(3), substituted 'section 1151(a)(1) or (2) of this title' for 'section 1151(a)(ii) of this title' in pars. (1) to (7); made visas available, in par. (3), to qualified immigrants whose services in the professions, sciences, or arts are sought by an employer in the United States; and required, in par. (5), that the United States citizens be at least twenty-one years of age. Subsec. (e). Pub. L. 94-571, Sec. 4(4), substituted provision requiring Secretary of State to terminate the registration of an alien who fails to apply for an immigrant visa within one year following notification of the availability of such visa, including provision for reinstatement of a registration upon establishment within two years following the notification that the failure to apply was due to circumstances beyond the alien's control for prior provision for discretionary termination of the registration on a waiting list of an alien failing to evidence continued intention to apply for a visa as prescribed by regulation and inserted provision for automatic revocation of approval of a petition approved under section 1154(b) of this title upon such termination. 1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting up preference priorities and percentage allocations of the total numerical limitation for the admission of qualified immigrants, consisting of unmarried sons or daughters of U.S. citizens (20 percent), husbands, wives, and unmarried sons or daughters of alien residents (20 percent plus any unused portion of class 1), members of professions, scientists, and artists (10 percent), married sons or daughters of U.S. citizens (10 percent plus any unused portions of classes 1-3), brothers or sisters of U.S. citizens (24 percent plus any unused portions of classes 1 through 4), skilled or unskilled persons capable of filling labor shortages in the United States (10 percent), refugees (6 percent), otherwise qualified immigrants (portion not used by classes 1 through 7), and allowing a spouse or child to be given the same status and order of consideration as the spouse or parent, for provisions spelling out the preferences under the quotas based on the previous national origins quota systems. Subsec. (b). Pub. L. 89-236 substituted provisions requiring that consideration be given applications for immigrant visas in the order in which the classes of which they are members are listed in subsec. (a), for provisions allowing issuance of quota immigrant visas under the previous national origins quota system in the order of filing in the first calendar month after receipt of notice of approval for which a quota number was available. Subsec. (c). Pub. L. 89-236 substituted provisions requiring issuance of immigrant visas pursuant to paragraphs (1) through (6) of subsection (a) of this section in the order of filing of the petitions therefor with the Attorney General, for provisions which related to issuance of quota immigrant visas in designated classes in the order of registration in each class on quota waiting lists. Subsec. (d). Pub. L. 89-236 substituted provisions requiring each immigrant to establish his preference as claimed and prohibiting consular officers from granting status of immediate relative of a United States citizen or preference until authorized to do so, for provisions spelling out the order for consideration of applications for quota immigrant visas under the various prior classes. Subsec. (e). Pub. L. 89-236 substituted provisions authorizing Secretary of State to make estimates of anticipated members of visas issued and to terminate the waiting-list registration of any registrant failing to evidence a continued intention to apply for a visa, for provisions establishing a presumption of quota status for immigrants and requiring the immigrant to establish any claim to a preference. Subsecs. (f) to (h). Pub. L. 89-236 added subsecs. (f) to (h). 1959 - Subsec. (a)(2). Pub. L. 86-363, Sec. 1, accorded adult unmarried sons or daughters of United States citizens second preference in the allocation of immigrant visas within quotas. Subsec. (a)(3). Pub. L. 86-363, Sec. 2, substituted 'unmarried sons or daughters' for 'children'. Subsec. (a)(4). Pub. L. 86-363, Sec. 3, substituted 'married sons or married daughters' for 'sons, or daughters', increased percentage limitation from 25 to 50 per centum, and made preference available to spouses and children of qualified quota immigrants if accompanying them. 1957 - Subsec. (a)(1). Pub. L. 85-316 substituted 'or following to join him' for 'him'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition provisions, see section 161(a), (c) of Pub. L. 101-649, set out as a note under section 1101 of this title. Amendment by section 603(a)(3) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 203(c) of Pub. L. 96-212 effective, except as otherwise provided, Apr. 1, 1980, and amendment by section 203(i) of Pub. L. 96-212 effective immediately before Apr. 1, 1980, see section 204 of Pub. L. 96-212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS Section 112 of Pub. L. 101-649 provided that: '(a) Additional Visa Numbers. - '(1) In general. - In addition to any immigrant visas otherwise available, immigrant visa numbers shall be available in each of fiscal years 1992, 1993, and 1994 for spouses and children of eligible, legalized aliens (as defined in subsection (c)) in a number equal to 55,000 minus the number (if any) computed under paragraph (2) for the fiscal year. '(2) Offset. - The number computed under this paragraph for a fiscal year is the number (if any) by which - '(A) the sum of the number of aliens described in subparagraphs (A) and (B) of section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)) (or, for fiscal year 1992, section 201(b) of such Act) who were issued immigrant visas or otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year, exceeds '(B) 239,000. '(b) Order. - Visa numbers under this section shall be made available in the order in which a petition, in behalf of each such immigrant for classification under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)), is filed with the Attorney General under section 204 of such Act (8 U.S.C. 1154). '(c) Legalized Alien Defined. - In this section, the term 'legalized alien' means an alien lawfully admitted for temporary or permanent residence who was provided - '(1) temporary or permanent residence status under section 210 of the Immigration and Nationality Act (8 U.S.C. 1160), '(2) temporary or permanent residence status under section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a), or '(3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out as a note under section 1255a of this title).' TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG Section 124 of Pub. L. 101-649 provided that: '(a) Additional Visa Numbers. - '(1) Treatment of principals. - In the case of any alien described in paragraph (3) with respect to whom a classification petition has been filed and approved under subsection (b), there shall be made available, in addition to the immigrant visas otherwise available in each of fiscal years 1991 through 1993 and without regard to section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)), up to 12,000 additional immigrant visas. '(2) Derivative relatives. - A spouse or child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E))) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, the alien's spouse or parent. '(3) Employees of certain united states businesses operating in hong kong. - An alien is described in this paragraph if the alien - '(A) is a resident of Hong Kong and is employed in Hong Kong (and has been so employed during the 12 previous, consecutive months) as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, by a business entity which (i) is owned and organized in the United States (or is the subsidiary or affiliate of a business owned and organized in the United States), (ii) employs at least 100 employees in the United States and at least 50 employees outside the United States, and (iii) has a gross annual income of at least $50,000,000, and '(B) has an offer of employment from such business entity in the United States as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, which offer (i) is effective from the time of filing the petition for classification under this section through and including the time of entry into the United States and (ii) provides for salary and benefits comparable to the salary and benefits provided to others with similar responsibilities and experience within the same company. '(b) Petitions. - Any employer desiring and intending to employ within the United States an alien described in subsection (a)(3) may file a petition with the Attorney General for such classification. No visa may be issued under subsection (a)(1) until such a petition has been approved. '(c) Allocation. - Visa numbers made available under subsection (a) shall be made available in the order which petitions under subsection (b) are filed with the Attorney General. '(d) Definitions. - In this section: '(1) Executive capacity. - The term 'executive capacity' has the meaning given such term in section 101(a)(44)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(44)(B)), as added by section 123 of this Act. '(2) Managerial capacity. - The term 'managerial capacity' has the meaning given such term in section 101(a)(44)(A) of the Immigration and Nationality Act, as added by section 123 of this Act. '(3) Officer. - The term 'officer' means, with respect to a business entity, the chairman or vice-chairman of the board of directors of the entity, the chairman or vice-chairman of the executive committee of the board of directors, the president, any vice-president, any assistant vice-president, any senior trust officer, the secretary, any assistant secretary, the treasurer, any assistant treasurer, any trust officer or associate trust officer, the controller, any assistant controller, or any other officer of the entity customarily performing functions similar to those performed by any of the above officers. '(4) Specialized knowledge. - The term 'specialized knowledge' has the meaning given such term in section 214(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(B)), as amended by section 206(b)(2) of this Act. '(5) Supervisor. - The term 'supervisor' means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively recommend such action, if in connection with the foregoing the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment.' (Section 124 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES Section 132 of Pub. L. 101-649 provided that: '(a) In General. - Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152), there shall be made available to qualified immigrants described in subsection (b) 40,000 immigrant visas in each of fiscal years 1992, 1993, and 1994. '(b) Qualified Alien Described. - An alien described in this subsection is an alien who - '(1) is a native of a foreign state that is not contiguous to the United States and that was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out as a note below), '(2) has a firm commitment for employment in the United States for a period of at least 1 year (beginning on the date of admission under this section), and '(3) except as provided in subsection (c), is admissible as an immigrant. '(c) Distribution of Visa Numbers. - The Secretary of State shall provide for making immigrant visas provided under subsection (a) available in the chronological order in which aliens apply for each fiscal year, except that at least 40 percent of the number of such visas in each fiscal year shall be made available to natives of the foreign state the natives of which received the greatest number of visas issued under section 314 of the Immigration Reform and Control Act (of 1986) (or to aliens described in subsection (d) who are the spouses or children of such natives). '(d) Derivative Status for Spouses and Children. - A spouse or child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E))) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or parent. '(e) Waivers of Grounds of Exclusion. - In determining the admissibility of an alien provided a visa number under this section, the grounds of exclusion specified in paragraphs (5)(B) and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply, and the Attorney General shall waive the ground of exclusion specified in paragraph (6)(C) of such section, unless the Attorney General finds that such a waiver is not in the national interest. '(f) Application Fee. - The Secretary of State shall require payment of a reasonable fee for the filing of an application under this section in order to cover the costs of processing applications under this section.' ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF AVAILABILITY OF NP-5 VISAS Section 133 of Pub. L. 101-649 provided that: 'Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152), there shall be made available in fiscal year 1991 immigrant visa numbers for qualified immigrants who - '(1) were notified by the Secretary of State before May 1, 1990, of their selection for issuance of a visa under section 314 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out below), and '(2) are qualified for the issuance of such a visa but for (A) numerical and fiscal year limitations on the issuance of such visas, (B) section 212(a)(19) or 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(19), (e)), or (C) the fact that the immigrant was a national, but not a native, of a foreign state described in section 314 of the Immigration Reform and Control Act of 1986. Visas shall be made available under this section to spouses and children of qualified immigrants in the same manner as such visas were made available to such spouses and children under section 314 of the Immigration Reform and Control Act of 1986. The Attorney General may waive section 212(a)(19) of the Immigration and Nationality Act (or, on or after June 1, 1991, section 212(a)(6)(C) of such Act) in the case of qualified immigrants described in the first sentence of this section.' (Section 133 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) TRANSITION FOR DISPLACED TIBETANS Section 134 of Pub. L. 101-649 provided that: '(a) In General. - Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152), there shall be made available to qualified displaced Tibetans described in subsection (b) 1,000 immigrant visas in the 3-fiscal-year period beginning with fiscal year 1991. '(b) Qualified Displaced Tibetan Described. - An alien described in this subsection is an alien who - '(1) is a native of Tibet, and '(2) since before date of the enactment of this Act (Nov. 29, 1990), has been continuously residing in India or Nepal. For purposes of paragraph (1), an alien shall be considered to be a native of Tibet if the alien was born in Tibet or is the son, daughter, grandson, or granddaughter of an individual born in Tibet. '(c) Distribution of Visa Numbers. - The Secretary of State shall provide for making immigrant visas provided under subsection (a) available to displaced aliens described in subsection (b) (or described in subsection (d) as the spouse or child of such an alien) in an equitable manner, giving preference to those aliens who are not firmly resettled in India or Nepal or who are most likely to be resettled successfully in the United States. '(d) Derivative Status for Spouses and Children. - A spouse or child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E))) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or parent.' (Section 134 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS Section 155 of Pub. L. 101-649 provided that: '(a) In General. - In the issuance of immigrant visas to certain Lebanese immigrants described in subsection (b) in fiscal years 1991 and 1992 and notwithstanding section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) (to the extent inconsistent with this section), the Secretary of State shall provide that immigrant visas which would otherwise be made available in the fiscal year shall be made available as early as possible in the fiscal year. '(b) Lebanese Immigrants Covered. - Lebanese immigrants described in this subsection are aliens who - '(1) are natives of Lebanon, '(2) are not firmly resettled in any foreign country outside Lebanon, and '(3) as of the date of the enactment of this Act (Nov. 29, 1990), are the beneficiaries of a petition approved to accord status under section 203(a)(2) or 203(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2), (5)) (as in effect as of the date of the enactment of this Act), or the child of such an alien if accompanying or following to join the alien.' (Section 155 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) ORDER OF CONSIDERATION Section 162(a)(2) of Pub. L. 101-649 provided that: 'Nothing in this Act (see Tables for classification) may be construed as continuing the availability of visas under section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as in effect before the date of enactment of this Act (Nov. 29, 1990).' MAKING VISAS AVAILABLE TO IMMIGRANTS FROM UNDERREPRESENTED COUNTRIES TO ENHANCE DIVERSITY IN IMMIGRATION Pub. L. 100-658, Sec. 3, Nov. 15, 1988, 102 Stat. 3908, provided that: '(a) Authorization of Additional Visas. - Notwithstanding the numerical limitations in section 201(a) of the Immigration and Nationality Act (8 U.S.C. 1151(a)) (relating to worldwide level of immigration), but subject to the numerical limitations in section 202 of such Act (8 U.S.C. 1152) (relating to per country numerical limitations), there shall be made available to qualified immigrants who are natives of underrepresented countries 10,000 visa numbers in each of fiscal years 1990 and 1991. '(b) Distribution of Visa Numbers. - The Secretary of State shall provide for making visa numbers provided under subsection (a) available in the same manner as visa numbers were made available to qualified immigrants under section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), except that such visas shall be made available strictly in a random order among those who qualify during an application period established by the Secretary of State and except that if more than one petition is submitted with respect to any alien all such petitions submitted with respect to the alien shall be voided. '(c) Waiver of Labor Certification. - Section 212(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(14)) shall not apply in the determination of an immigrant's eligibility to receive any visa made available under this section or in the admission of such an immigrant issued a visa under this section. '(d) Application of Definitions of Immigration and Nationality Act. - Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in the administration of this section. Nothing in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. '(e) Underrepresented Country Defined. - In this section, the term 'underrepresented country' means a foreign state natives of which used, during fiscal year 1988, less than 25 percent of the maximum number of immigrant visa numbers otherwise available to it in that fiscal year under section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)). In applying the previous sentence, there shall not be taken into account visa numbers issued under section 314 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out below).' MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS Pub. L. 99-603, title III, Sec. 314, Nov. 6, 1986, 100 Stat. 3439, as amended by Pub. L. 100-658, Sec. 2(a), Nov. 15, 1988, 102 Stat. 3908, provided that: '(a) Authorization of Additional Visas. - Notwithstanding the numerical limitations in section 201(a) of the Immigration and Nationality Act (8 U.S.C. 1151(a)), but subject to the numerical limitations in section 202 of such Act (8 U.S.C. 1152), there shall be made available to qualified immigrants described in section 203(a)(7) of such Act (8 U.S.C. 1153(a)(7)) 5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,000 visa numbers in each of fiscal years 1989 and 1990. '(b) Distribution of Visa Numbers. - The Secretary of State shall provide for making visa numbers provided under subsection (a) available in the same manner as visa numbers are otherwise made available to qualified immigrants under section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), except that - '(1) the Secretary shall first make such visa numbers available to qualified immigrants who are natives of foreign states the immigration of whose natives to the United States was adversely affected by the enactment of Public Law 89-236 (see Tables for classification), and '(2) within groups of qualified immigrants, such visa numbers shall be made available strictly in the chronological order in which they qualify after the date of the enactment of this Act (Nov. 6, 1986). '(c) Waiver of Labor Certification. - Section 212(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(14)) shall not apply in the determination of an immigrant's eligibility to receive any visa made available under this section or in the admission of such an immigrant issued such a visa under this section. '(d) Application of Definitions of Immigration and Nationality Act. - Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in the administration of this section. Nothing in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization.' (Pub. L. 100-658, Sec. 2(b), Nov. 15, 1988, 102 Stat. 3908, provided that: 'In carrying out the amendment made by subsection (a) (amending Pub. L. 99-603, Sec. 314(a), set out above), the Secretary of State shall continue to use the list of qualified immigrants established under section 314 of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603) before the date of the enactment of this Act (Nov. 15, 1988), and may continue to carry out such section under the regulations in effect (as of the date of July 1, 1988) under part 43 of title 22 of the Code of Federal Regulations.') REFERENCES TO CONDITIONAL ENTRY REQUIREMENTS OF SUBSECTION (A)(7) OF THIS SECTION IN OTHER FEDERAL LAWS Section 203(h) of Pub. L. 96-212 provided that: 'Any reference in any law (other than the Immigration and Nationality Act (this chapter) or this Act (see Short Title of 1980 Amendment note set out under section 1101 of this title)) in effect on April 1, 1980, to section 203(a)(7) of the Immigration and Nationality Act (subsec. (a)(7) of this section) shall be deemed to be a reference to such section as in effect before such date and to sections 207 and 208 of the Immigration and Nationality Act (sections 1157 and 1158 of this title).' RETROACTIVE ADJUSTMENT OF REFUGEE STATUS For adjustment of the status of refugees paroled into the United States pursuant to section 1182(d)(5) of this title, see section 5 of Pub. L. 95-412, set out as a note under section 1182 of this title. ENTITLEMENT TO PREFERENTIAL STATUS Section 9 of Pub. L. 94-571 provided that: '(a) The amendments made by this Act (see Short Title of 1976 Amendment note set out under section 1101 of this title) shall not operate to effect the entitlement to immigrant status or the order of consideration for issuance of an immigrant visa of an alien entitled to a preference status, under section 203(a) of the Immigration and Nationality Act (subsec. (a) of this section) as in effect on the day before the effective date of this Act (see Effective Date of 1976 Amendment note set out under section 1101 of this title), on the basis of a petition filed with the Attorney General prior to such effective date. '(b) An alien chargeable to the numerical limitation contained in section 21(e) of the Act of October 3, 1965 (79 Stat. 921) (which provided that unless legislation inconsistent therewith was enacted on or before June 30, 1968, the number of special immigrants within the meaning of section 1101(a)(27)(A) of this title, exclusive of special immigrants who were immediate relatives of United States citizens as described in section 1151(b) of this title, should not, in the fiscal year beginning July 1, 1968, or in any fiscal year thereafter, exceed a total of 120,000) who established a priority date at a consular office on the basis of entitlement to immigrant status under statutory or regulatory provisions in existence on the day before the effective date of this Act (see Effective Date of 1976 Amendment note under section 1101 of this title) shall be deemed to be entitled to immigrant status under section 203(a)(8) of the Immigration and Nationality Act (subsec. (a)(8) of this section) and shall be accorded the priority date previously established by him. Nothing in this section shall be construed to preclude the acquisition by such an alien of a preference status under section 203(a) of the Immigration and Nationality Act (subsec. (a) of this section), as amended by section 4 of this Act. Any petition filed by, or in behalf of, such an alien to accord him a preference status under section 203(a) (subsec. (a) of this section) shall, upon approval, be deemed to have been filed as of the priority date previously established by such alien. The numerical limitation to which such an alien shall be chargeable shall be determined as provided in sections 201 and 202 of the Immigration and Nationality Act (sections 1151 and 1152 of this title), as amended by this Act (see Short Title of 1976 Amendment note set out under section 1101 of this title).' NONQUOTA IMMIGRANT STATUS OF CERTAIN RELATIVES OF UNITED STATES CITIZENS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO JANUARY 1, 1962 Pub. L. 87-885, Sec. 1, Oct. 24, 1962, 76 Stat. 1247, which provided that certain alien relatives of United States citizens registered on a consular waiting list under priority date earlier than March 31, 1954, and eligible for a quota immigrant status on a basis of a petition filed with the Attorney General prior to January 1, 1962, and the spouse and children of such alien, be held to be nonquota immigrants and be issued nonquota immigrant visas, was repealed by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657, as amended by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986. NONQUOTA IMMIGRANT STATUS OF SKILLED SPECIALISTS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO APRIL 1, 1962 Pub. L. 87-885, Sec. 2, Oct. 24, 1962, 76 Stat. 1247, which provided that certain alien skilled specialists eligible for a quota immigrant status on the basis of a petition filed with the Attorney General prior to April 1, 1962, be held to be nonquota immigrants and be issued nonquota immigrant visas, was repealed by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657, as amended by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986. ISSUANCE OF NONQUOTA IMMIGRANT VISAS TO CERTAIN ELIGIBLE ORPHANS Pub. L. 87-301, Sec. 25, Sept. 26, 1961, 75 Stat. 657, as amended by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525, Sec. 8(j)(2), Oct. 24, 1988, 102 Stat. 2617, provided that: 'At any time prior to the expiration of the one hundred and eightieth day immediately following the enactment of this Act (Sept. 26, 1961) a special nonquota immigrant visa may be issued to an eligible orphan as defined in section 4 of the Act of September 11, 1957, as amended (8 U.S.C. 1205; 71 Stat. 639, 73 Stat. 490, 74 Stat. 505), if a visa petition filed in behalf of such eligible orphan was (A) approved by the Attorney General prior to September 30, 1961, or (B) pending before the Attorney General prior to September 30, 1961, and the Attorney General approves such petition.' (Section 23(c) of Pub. L. 99-653, as added by Pub. L. 100-525, Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: 'The amendments made by section 11 (amending section 25 of Pub. L. 87-301 set out above and repealing sections 1 and 2 of Pub. L. 87-885) take effect on November 14, 1986.') ADOPTED SONS OR ADOPTED DAUGHTERS, PREFERENCE STATUS Section 5(c) of Pub. L. 86-363 provided that aliens granted a preference pursuant to petitions approved by the Attorney General on the ground that they were the adopted sons or adopted daughters of United States citizens were to remain in that status notwithstanding the provisions of section 1 of Pub. L. 86-363, unless they acquired a different immigrant status pursuant to a petition approved by the Attorney General. ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED PRIOR TO JULY 1, 1958 Section 12A of Pub. L. 85-316, as added by section 2 of Pub. L. 85-700, Aug. 21, 1958, 72 Stat. 699, providing that aliens eligible for quota immigrant status on basis of a petition approved prior to July 1, 1958, shall be held to be nonquota immigrants and issued visas, was repealed by Pub. L. 87-301, Sec. 24(a)(6), Sept. 26, 1961, 75 Stat. 657. Repeal of section 12A of Pub. L. 85-316 effective upon expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note under former section 1255a of this title. ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED PRIOR TO JULY 1, 1957 Section 12 of Pub. L. 85-316 providing that aliens eligible for quota immigrant status on basis of a petition approved prior to July 1, 1957, shall be held to be nonquota immigrants, and if otherwise admissible, be issued visas, was repealed by Pub. L. 87-301, Sec. 24(a)(5), Sept. 26, 1961, 75 Stat. 657. Repeal of section 12 of Pub. L. 85-316 effective upon expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note under former section 1255a of this title. SPECIAL NONQUOTA IMMIGRANT VISAS FOR REFUGEES Section 6 of Pub. L. 86-363 authorizing issuance of nonquota immigrant visas to aliens eligible to enter for permanent residence if the alien was the beneficiary of a visa petition approved by the Attorney General, and such petition was filed by a person admitted under former section 1971 et seq., of Title 50, Appendix, was repealed by Pub. L. 87-301, Sec. 24(a)(7), Sept. 26, 1961, 75 Stat. 657. Repeal of section 6 of Pub. L. 86-363 effective upon expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note under former section 1255a of this title. NONQUOTA IMMIGRANT STATUS OF SPOUSES AND CHILDREN OF CERTAIN ALIENS Section 4 of Pub. L. 86-363 providing that an alien registered on a consular waiting list was eligible for quota immigrant status on basis of a petition approved prior to Jan. 1, 1959, along with the spouse and children of such alien, was repealed by Pub. L. 87-301, Sec. 24(a)(7), Sept. 26, 1961. Repeal of section 4 of Pub. L. 86-363 effective upon expiration of the one hundred and eightieth day immediately following Sept. 26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note under former section 1255a of this title. -CROSS- CROSS REFERENCES Definition of alien, application for admission, attorney general, child, consular officer, immigrant, immigrant visa, immigration officer, lawfully admitted for permanent residence, parent, and spouse, see section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1152, 1154, 1182, 1186a, 1186b of this title; title 42 sections 602, 615, 1382j. ------DocID 11575 Document 117 of 470------ -CITE- 8 USC Sec. 1154 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1154. Procedure for granting immigrant status -STATUTE- (a) Petitioning procedure (1)(A) Any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 1153(a) of this title or to an immediate relative status under section 1151(b)(2)(A)(i) of this title may file a petition with the Attorney General for such classification. (B) Any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in section 1153(a)(2) of this title may file a petition with the Attorney General for such classification. (C) Any alien desiring to be classified under section 1153(b)(1)(A) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classification. (D) Any employer desiring and intending to employ within the United States an alien entitled to classification under section 1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title may file a petition with the Attorney General for such classification. (E)(i) Any alien (other than a special immigrant under section 1101(a)(27)(D) of this title) desiring to be classified under section 1153(b)(4) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classification. (ii) Aliens claiming status as a special immigrant under section 1101(a)(27)(D) of this title may file a petition only with the Secretary of State and only after notification by the Secretary that such status has been recommended and approved pursuant to such section. (F) Any alien desiring to be classified under section 1153(b)(5) of this title may file a petition with the Secretary of State for such classification. (G)(i) Any alien desiring to be provided an immigrant visa under section 1153(c) of this title may file a petition at the place and time determined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alien shall be voided. (ii)(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under section 1153(c) of this title for the fiscal year beginning after the end of the period. (II) Aliens who qualify, through random selection, for a visa under section 1153(c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected. (III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause. (iii) A petition or registration under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary of State may require. (2)(A) The Attorney General may not approve a spousal second preference petition filed by an alien who, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless - (i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or (ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws. In this subparagraph, the term 'spousal second preference petition' refers to a petition, seeking preference status under section 1153(a)(2) of this title, for an alien as a spouse of an alien lawfully admitted for permanent residence. (B) Subparagraph (A) shall not apply to a petition filed by an alien whose prior marriage was terminated by the death of his or her spouse. (b) Investigation; consultation; approval; authorization to grant preference status After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to petitions to accord a status under section 1153(b)(2) or 1153(b)(3) of this title, the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an immediate relative specified in section 1151(b) of this title, or is eligible for preference under subsection (a) or (b) of section 1153 of this title, approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant the preference status. (c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud Notwithstanding the provisions of subsection (b) of this section no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws. (d) Recommendation of valid home-study Notwithstanding the provisions of subsections (a) and (b) of this section no petition may be approved on behalf of a child defined in section 1101(b)(1)(F) of this title unless a valid home-study has been favorably recommended by an agency of the State of the child's proposed residence, or by an agency authorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States. (e) Subsequent finding of non-entitlement to preference classification Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to enter the United States as a (FOOTNOTE 1) immigrant under subsection (a), (b), or (c) of section 1153 of this title or as an immediate relative under section 1151(b) of this title if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification. (FOOTNOTE 1) So in original. Probably should be 'an'. (f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982 (1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a petition with the Attorney General for classification under section 1151(b), 1153(a)(1), or 1153(a)(3) of this title, as appropriate. After an investigation of the facts of each case the Attorney General shall, if the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of State. (2) The Attorney General may approve a petition for an alien under paragraph (1) if - (A) he has reason to believe that the alien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982, and (ii) was fathered by a United States citizen; (B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and (C) in the case of an alien under eighteen years of age, (i) the alien's placement with a sponsor in the United States has been arranged by an appropriate public, private, or State child welfare agency licensed in the United States and actively involved in the intercountry placement of children and (ii) the alien's mother or guardian has in writing irrevocably released the alien for emigration. (3) In considering petitions filed under paragraph (1), the Attorney General shall - (A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of the alien's birth in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2); and (B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative. (4)(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must - (i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph referred to as the 'sponsor') who is twenty-one years of age or older, is of good moral character, and is a citizen of the United States or alien lawfully admitted for permanent residence, and (ii) provide that the sponsor agrees (I) in the case of an alien under eighteen years of age, to assume legal custody for the alien after the alien's departure to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the alien and the sponsor will reside, and (II) to furnish, during the five-year period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence, or during the period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of the Office of Management and Budget, under section 9902(2) of title 42 and as revised by the Secretary of Health and Human Services under section 9847 of title 42) for a family of the same size as the size of the alien's family. (B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to an alien against his sponsor in a civil suit brought by the Attorney General in the United States district court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11. (g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings Notwithstanding subsection (a) of this section, except as provided in section 1255(e)(3) of this title, a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 1255(e)(2) of this title, until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 204, 66 Stat. 179; Oct. 24, 1962, Pub. L. 87-885, Sec. 3, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89-236, Sec. 4, 79 Stat. 915; Oct. 20, 1976, Pub. L. 94-571, Sec. 7(b), 90 Stat. 2706; Oct. 5, 1978, Pub. L. 95-417, Sec. 2, 3, 92 Stat. 917; Oct. 19, 1980, Pub. L. 96-470, title II, Sec. 207, 94 Stat. 2245; Dec. 29, 1981, Pub. L. 97-116, Sec. 3, 18(d), 95 Stat. 1611, 1620; Oct. 22, 1982, Pub. L. 97-359, 96 Stat. 1716; Nov. 10, 1986, Pub. L. 99-639, Sec. 2(c), 4(a), 5(b), 100 Stat. 3541, 3543; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(g), 102 Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 162(b), title VII, Sec. 702(b), 104 Stat. 5010, 5086.) -MISC1- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 162(b)(1), added par. (1) and struck out former par. (1) which read as follows: 'Any citizen of the United States claiming that an alien is entitled to a preference status by reason of a relationship described in paragraph (1), (4), or (5) of section 1153(a) of this title, or to an immediate relative status under section 1151(b) of this title, or any alien lawfully admitted for permanent residence claiming that an alien is entitled to a preference status by reason of the relationship described in section 1153(a)(2) of this title, or any alien desiring to be classified as a preference immigrant under section 1153(a)(3) of this title (or any person on behalf of such an alien), or any person desiring and intending to employ within the United States an alien entitled to classification as a preference immigrant under section 1153(a)(6) of this title, may file a petition with the Attorney General for such classification. The petition shall be in such form as the Attorney General may by regulations prescribe and shall contain such information and be supported by such documentary evidence as the Attorney General may require. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer or an immigration officer.' Subsec. (b). Pub. L. 101-649, Sec. 162(b)(2), substituted reference to section 1153(b)(2) or 1153(b)(3) of this title for reference to section 1153(a)(3) or (6) of this title, and reference to preference under section 1153(a) or (b) of this title for reference to a preference status under section 1153(a) of this title. Subsec. (e). Pub. L. 101-649, Sec. 162(b)(3), substituted 'immigrant under subsection (a), (b), or (c) of section 1153 of this title' for 'preference immigrant under section 1153(a) of this title'. Subsec. (f). Pub. L. 101-649, Sec. 162(b)(5), (6), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to applicability of provisions to qualified immigrants specified in section 1152(e) of this title. Subsec. (f)(1). Pub. L. 101-649, Sec. 162(b)(4), substituted reference to section 1153(a)(3) of this title for reference to section 1153(a)(4) of this title. Subsec. (g). Pub. L. 101-649, Sec. 702(b), which directed the insertion in subsec. (h) of 'except as provided in section 1255(e)(3) of this title,' after 'Notwithstanding subsection (a) of this section,', was executed to subsec. (g) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (g), see below. Pub. L. 101-649, Sec. 162(b)(6), redesignated subsec. (h) as (g). Former subsec. (g) redesignated as (f). Subsec. (h). Pub. L. 101-649, Sec. 162(b)(6), redesignated subsec. (h) as (g). 1988 - Subsec. (c). Pub. L. 100-525, Sec. 9(g)(1), substituted 'an immediate relative' for 'a nonquota'. Subsec. (g)(3)(A). Pub. L. 100-525, Sec. 9(g)(2), substituted '(C)(ii) of paragraph (2)' for '(C)(i) of paragraph 2'. 1986 - Subsec. (a). Pub. L. 99-639, Sec. 2(c), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 99-639, Sec. 4(a), inserted '(1)' after 'if' and ', or has sought to be accorded,' and added cl. (2). Subsec. (h). Pub. L. 99-639, Sec. 5(b), added subsec. (h). 1982 - Subsec. (g). Pub. L. 97-359 added subsec. (g). 1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(d), substituted 'of a relationship described in paragraph' for 'of the relationships described in paragraphs'. Subsec. (d). Pub. L. 97-116, Sec. 3, redesignated subsec. (e) as (d). Former subsec. (d), directing that the Attorney General forward to the Congress a Statistical summary of petitions for immigrant status approved by him under section 1153(a)(3) or 1153(a)(6) of this title and that the reports be submitted to Congress on the first and fifteenth day of each calendar month in which Congress was in session, was struck out. Subsecs. (e), (f). Pub. L. 97-116, Sec. 3, redesignated as subsec. (e) the subsec. (f) relating to subsequent finding of non-entitlement. See 1978 Amendment note below. Former subsec. (e) redesignated (d). 1980 - Subsec. (d). Pub. L. 96-470 substituted provision requiring the Attorney General to forward to Congress a statistical summary of approved petitions for professional or occupational preferences for provision requiring the Attorney General to forward to Congress a report on each petition approved for professional or occupational preference stating the basis for his approval and the facts pertinent in establishing qualifications for preferential status. 1978 - Subsec. (c). Pub. L. 95-417, Sec. 2, struck out 'no more than two petitions may be approved for one petitioner on behalf of a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of this title unless necessary to prevent the separation of brothers and sisters and' after 'subsection (b) of this section'. Subsecs. (e), (f). Pub. L. 95-417, Sec. 3, added subsec. (e) and redesignated former subsec. (e), relating to subsequent finding of non-entitlement, as subsec. (f) without regard to existing subsec. (f), relating to provisions applicable to qualified immigrants, added by Pub. L. 94-571. 1976 - Subsec. (f). Pub. L. 94-571 added subsec. (f). 1965 - Subsec. (a). Pub. L. 89-236 substituted provisions spelling out the statutory grounds for filing a petition for preference status and prescribing the authority of the Attorney General to require documentary evidence in support and the form of the petition, for provisions prohibiting consular officers from granting preference status before being authorized to do so in cases of applications based on membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States. Subsec. (b). Pub. L. 89-236 substituted provisions authorizing investigation of petitions by the Attorney General, consultation with the Secretary of Labor, and authorization to consular officers, for provisions specifying the form of application for preference status on the basis of membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States and the circumstances making an application appropriate. Subsec. (c). Pub. L. 89-236 substituted provisions limiting the number of orphan petitions which may be approved for one petitioner and prohibiting approval of any petition of an alien whose prior marriage was determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, for provisions which related to investigation of facts by the Attorney General and submission of reports to Congress covering the granting of preferential status. Subsec. (d). Pub. L. 89-236 substituted provisions requiring the Attorney General to submit reports to Congress on each approved petition for professional or occupational preference, for provisions prohibiting a statutory construction of the section which would entitle an immigrant to preferential classification if, upon arrival at the port of entry, he was found not to be entitled to such classification. Subsec. (e). Pub. L. 89-236 added subsec. (e). 1962 - Subsec. (c). Pub. L. 87-885 provided for submission of reports to Congress. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29, 1990, but only insofar as section 162(b) relates to visas for fiscal years beginning with fiscal year 1992, with general transition provisions, see section 161(b), (c) of Pub. L. 101-649, set out as a note under section 1101 of this title. Section 702(c) of Pub. L. 101-649 provided that: 'The amendments made by this section (amending sections 1154 and 1255 of this title) shall apply to marriages entered into before, on, or after the date of the enactment of this Act (Nov. 29, 1990).' EFFECTIVE DATE OF 1986 AMENDMENT Section 4(b) of Pub. L. 99-639 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to petitions filed on or after the date of the enactment of this Act (Nov. 10, 1986).' Section 5(c) of Pub. L. 99-639 provided that: 'The amendments made by this section (amending this section and section 1255 of this title) shall apply to marriages entered into on or after the date of the enactment of this Act (Nov. 10, 1986).' EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. ALIEN SHEEPHERDERS Act Sept. 3, 1954, ch. 1254, Sec. 1-3, 68 Stat. 1145, provided for the importation of skilled alien sheepherders upon approval by the Attorney General, certification to the Secretary of State by the Attorney General of names and addresses of sheepherders whose applications for importation were approved, and issuance of not more than 385 special nonquota immigrant visas. Provisions of said act expired on Sept. 3, 1955, by terms of section 1 thereof. -CROSS- CROSS REFERENCES Definition of alien, attorney general, consular officer, immigrant, immigrant visa, organization, and person, see section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1153, 1155, 1182, 1184, 1186a, 1255, 1255a of this title. ------DocID 11576 Document 118 of 470------ -CITE- 8 USC Sec. 1155 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1155. Revocation of approval of petitions; notice of revocation; effective date -STATUTE- The Attorney General may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this title. Such revocation shall be effective as of the date of approval of any such petition. In no case, however, shall such revocation have effect unless there is mailed to the petitioner's last known address a notice of the revocation and unless notice of the revocation is communicated through the Secretary of State to the beneficiary of the petition before such beneficiary commences his journey to the United States. If notice of revocation is not so given, and the beneficiary applies for admission to the United States, his admissibility shall be determined in the manner provided for by sections 1225 and 1226 of this title. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 205, 66 Stat. 180; Sept. 22, 1959, Pub. L. 86-363, Sec. 5(a), (b), 73 Stat. 644, 645; Sept. 26, 1961, Pub. L. 87-301, Sec. 3, 10, 75 Stat. 650, 654; Oct. 3, 1965, Pub. L. 89-236, Sec. 5, 79 Stat. 916.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-236 struck out entire section which had set out, in subsecs. (a) to (d), the procedure for granting nonquota status or preference by reason of relationship and inserted in its place, with minor changes, provisions formerly contained in section 1156 of this title authorizing the Attorney General to revoke his approval of petitions for good and sufficient cause. 1961 - Subsec. (b). Pub. L. 87-301, Sec. 3(a), provided that no petition for quota immigration status or a preference shall be approved if the beneficiary is an alien defined in section 1101(b)(1)(F) of this title, established requirements to be met by petitioners before a petition for nonquota immigrant status for a child as defined in section 1101(b)(1)(F) can be approved by the Attorney General, and authorized the administration of oaths by immigration officers when the petition is executed outside the United States. Subsec. (c). Pub. L. 87-301, Sec. 3(b), 10, substituted 'section 1101(b)(1)(E) or (F)' for 'section 1101(b)(1)(E)', and provided that no petition shall be approved if the alien had previously been accorded a nonquota status under section 1101(a)(27)(A) of this title or a preference quota status under section 1153(a)(3) of this title, by reason of marriage entered into to evade the immigration laws. 1959 - Subsec. (b). Pub. L. 86-363, Sec. 5(a), authorized filing of petitions by any United States citizen claiming that an immigrant is his unmarried son or unmarried daughter, by any alien lawfully admitted for permanent residence claiming that an immigrant is his unmarried son or unmarried daughter instead of child, or by any United States citizen claiming that an immigrant is his married son or married daughter instead of son or daughter, and prohibited approval of petition for quota immigrant status or preference of alien without proof of parent relationship of the petitioner to such alien. Subsec. (c). Pub. L. 86-363, Sec. 5(b), limited approval to two petitions for one petitioner in behalf of a child as defined in section 1101(b)(1)(E) of this title unless necessary to prevent separation of brothers and sisters. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. -CROSS- CROSS REFERENCES Definition of alien, attorney general, child, consular officer, entry, immigrant, immigrant visa, lawfully admitted for permanent residence, parent, and spouse, see section 1101 of this title. ------DocID 11577 Document 119 of 470------ -CITE- 8 USC Sec. 1156 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1156. Unused immigrant visas -STATUTE- If an immigrant having an immigrant visa is excluded from admission to the United States and deported, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 206, 66 Stat. 181; Oct. 3, 1965, Pub. L. 89-236, Sec. 6, 79 Stat. 916.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-236 substituted provisions allowing immigrant visas or preference immigrant visas to be issued to another qualified alien in lieu of immigrants excluded or deported, immigrants failing to apply for admission, or immigrants found not to be preference immigrants, for provisions relating to revocation of approval of petitions which, with minor amendments, were transferred to section 1155 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. -CROSS- CROSS REFERENCES Definition of application for admission and attorney general, see section 1101 of this title. ------DocID 11578 Document 120 of 470------ -CITE- 8 USC Sec. 1157 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1157. Annual admission of refugees and admission of emergency situation refugees -STATUTE- (a) Maximum number of admissions; increases for humanitarian concerns; allocations (1) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e) of this section), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest. (2) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest. (3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation. (4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year. (b) Determinations by President respecting number of admissions for humanitarian concerns If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a) of this section, the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection. (c) Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse or child (1) Subject to the numerical limitations established pursuant to subsections (a) and (b) of this section, the Attorney General may, in the Attorney General's discretion and pursuant to such regulations as the Attorney General may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. (2) A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of any refugee who qualifies for admission under paragraph (1) shall, if not otherwise entitled to admission under paragraph (1) and if not a person described in the second sentence of section 1101(a)(42) of this title, be entitled to the same admission status as such refugee if accompanying, or following to join, such refugee and if the spouse or child is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. Upon the spouse's or child's admission to the United States, such admission shall be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee's admission is charged. (3) The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking admission to the United States under this subsection, and the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraphs (FOOTNOTE 1) (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation. The Attorney General shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. (FOOTNOTE 1) So in original. Probably should be 'subparagraph'. (4) The refugee status of any alien (and of the spouse or child of the alien) may be terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe if the Attorney General determines that the alien was not in fact a refugee within the meaning of section 1101(a)(42) of this title at the time of the alien's admission. (d) Oversight reporting and consultation requirements (1) Before the start of each fiscal year the President shall report to the Committees on the Judiciary of the House of Representatives and of the Senate regarding the foreseeable number of refugees who will be in need of resettlement during the fiscal year and the anticipated allocation of refugee admissions during the fiscal year. The President shall provide for periodic discussions between designated representatives of the President and members of such committees regarding changes in the worldwide refugee situation, the progress of refugee admissions, and the possible need for adjustments in the allocation of admissions among refugees. (2) As soon as possible after representatives of the President initiate appropriate consultation with respect to the number of refugee admissions under subsection (a) of this section or with respect to the admission of refugees in response to an emergency refugee situation under subsection (b) of this section, the Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of such consultation. (3)(A) After the President initiates appropriate consultation prior to making a determination under subsection (a) of this section, a hearing to review the proposed determination shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals. (B) After the President initiates appropriate consultation prior to making a determination, under subsection (b) of this section, that the number of refugee admissions should be increased because of an unforeseen emergency refugee situation, to the extent that time and the nature of the emergency refugee situation permit, a hearing to review the proposal to increase refugee admissions shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals. (e) 'Appropriate consultation' defined For purposes of this section, the term 'appropriate consultation' means, with respect to the admission of refugees and allocation of refugee admissions, discussions in person by designated Cabinet-level representatives of the President with members of the Committees on the Judiciary of the Senate and of the House of Representatives to review the refugee situation or emergency refugee situation, to project the extent of possible participation of the United States therein, to discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns or grave humanitarian concerns or is otherwise in the national interest, and to provide such members with the following information: (1) A description of the nature of the refugee situation. (2) A description of the number and allocation of the refugees to be admitted and an analysis of conditions within the countries from which they came. (3) A description of the proposed plans for their movement and resettlement and the estimated cost of their movement and resettlement. (4) An analysis of the anticipated social, economic, and demographic impact of their admission to the United States. (5) A description of the extent to which other countries will admit and assist in the resettlement of such refugees. (6) An analysis of the impact of the participation of the United States in the resettlement of such refugees on the foreign policy interests of the United States. (7) Such additional information as may be appropriate or requested by such members. To the extent possible, information described in this subsection shall be provided at least two weeks in advance of discussions in person by designated representatives of the President with such members. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 207, as added Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 201(b), 94 Stat. 103, and amended Oct. 24, 1988, Pub. L. 100-525, Sec. 9(h), 102 Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 104(b), title VI, Sec. 603(a)(4), 104 Stat. 4985, 5082.) -MISC1- PRIOR PROVISIONS A prior section 1157, act June 27, 1952, ch. 477, title II, ch. 1, Sec. 207, 66 Stat. 181, which prohibited issuance of immigrant visas to other immigrants in lieu of immigrants excluded from admission, immigrants deported, immigrants failing to apply for admission to the United States, or immigrants found to be nonquota immigrants after having previously been found to be quota immigrants, was repealed by Pub. L. 89-236, Sec. 7, Oct. 3, 1965, 79 Stat. 916. AMENDMENTS 1990 - Subsec. (a)(4). Pub. L. 101-649, Sec. 104(b), added par. (4). Subsec. (c)(3). Pub. L. 101-649, Sec. 603(a)(4), substituted '(4), (5), and (7)(A)' for '(14), (15), (20), (21), (25), and (32)' and '(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))' for '(other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics)'. 1988 - Subsec. (c)(1). Pub. L. 100-525 substituted 'otherwise' for 'otherwide'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 104(b) of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as a note under section 1101 of this title. Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE Section (with the exception of subsec. (c) which is effective Apr. 1, 1980) effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title. ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE DETERMINATIONS Pub. L. 101-167, title V, Sec. 599D, Nov. 21, 1989, 103 Stat. 1261, as amended by Pub. L. 101-513, title V, Sec. 598(a), Nov. 5, 1990, 104 Stat. 2063, provided that: '(a) In General. - In the case of an alien who is within a category of aliens established under subsection (b), the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution. '(b) Establishment of Categories. - '(1) For purposes of subsection (a), the Attorney General, in consultation with the Secretary of State and the Coordinator for Refugee Affairs, shall establish - '(A) one or more categories of aliens who are or were nationals and residents of the Soviet Union and who share common characteristics that identify them as targets of persecution in the Soviet Union on account of race, religion, nationality, membership in a particular social group, or political opinion, and '(B) one or more categories of aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account. '(2)(A) Aliens who are (or were) nationals and residents of the Soviet Union and who are Jews or Evangelical Christians shall be deemed a category of alien established under paragraph (1)(A). '(B) Aliens who are (or were) nationals of the Soviet Union and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the religious activities of, the Ukrainian Catholic Church or the Ukrainian Orthodox Church, shall be deemed a category of alien established under paragraph (1)(A). '(C) Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are members of categories of individuals determined, by the Attorney General in accordance with 'Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing' (issued by the Immigration and Naturalization Service in August 1983) shall be deemed a category of alien established under paragraph (1)(B). '(3) Within the number of admissions of refugees allocated for for (sic) each of fiscal years 1990, 1991, and 1992 for refugees who are nationals of the Soviet Union under section 207(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1157(a)(3)), notwithstanding any other provision of law, the President shall allocate one thousand of such admissions for such fiscal year to refugees who are within the category of aliens described in paragraph (2)(B). '(c) Written Reasons for Denials of Refugee Status. - Each decision to deny an application for refugee status of an alien who is within a category established under this section shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. '(d) Permitting Certain Aliens Within Categories to Reapply for Refugee Status. - Each alien who is within a category established under this section and who (after August 14, 1988, and before the date of the enactment of this Act (Nov. 21, 1989)) was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this section. '(e) Period of Application. - '(1) Subsections (a) and (b) shall take effect on the date of the enactment of this Act (Nov. 21, 1989) and shall only apply to applications for refugee status submitted before October 1, 1992. '(2) Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 1992. '(3) Subsection (d) shall take effect on the date of the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 1992. '(f) GAO Reports on Soviet Refugee Processing. - '(1) The Comptroller General shall submit to the Committees on the Judiciary of the Senate and of the House of Representatives reports on the implementation of this section in Italy and the Soviet Union. Such reports shall include a review of - '(A) the timeliness and length of individual interviews, '(B) the adequacy of staffing and funding by the Department of State, the Immigration and Naturalization Service, and voluntary agencies, including the adequacy of staffing, computerization, and administration of the processing center in Washington, '(C) the sufficiency of the proposed Soviet refugee processing system within the United States, '(D) backlogs (if any) by ethnic or religious groups and the reasons any such backlogs exist, '(E) the sufficiency of the means of distributing and receiving applications for refugee status in Moscow, '(F) to the extent possible, a comparison of the cost of conducting refugee processing only in Moscow and such cost of processing in both Moscow and in Italy, and '(G) an evaluation of efforts to phase out Soviet refugee processing in Italy. '(2) The Comptroller (General) shall submit a preliminary report under paragraph (1) by December 31, 1989, and a final report by March 31, 1990. The final report shall include any recommendations which the Comptroller General may have regarding the need, if any, to revise or extend the application of this section.' EL SALVADORAN REFUGEES Pub. L. 97-113, title VII, Sec. 731, Dec. 29, 1981, 95 Stat. 1557, provided that: 'It is the sense of the Congress that the administration should continue to review, on a case-by-case basis, petitions for extended voluntary departure made by citizens of El Salvador who claim that they are subject to persecution in their homeland, and should take full account of the civil strife in El Slavador in making decisions on such petitions.' TIME FOR DETERMINATIONS BY PRESIDENT FOR FISCAL YEAR 1980 Section 204(d)(1) of Pub. L. 96-212 provided that: 'Notwithstanding section 207(a) of the Immigration and Nationality Act (as added by section 201(b) of this title (subsec. (a) of this section), the President may make the determination described in the first sentence of such section not later than forty-five days after the date of the enactment of this Act (Mar. 17, 1980) for fiscal year 1980.' PRESIDENTIAL DETERMINATION CONCERNING ADMISSION AND ADJUSTMENT OF STATUS OF REFUGEES Determinations by the President pursuant to this section concerning the admission and adjustment of status of refugees for particular fiscal years were contained in the following Presidential Determinations: Presidential Determination No. 91-3, Oct. 12, 1990, 55 F.R. 41979. Presidential Determination No. 90-2, Oct. 6, 1989, 54 F.R. 43035. Presidential Determination No. 89-15, June 19, 1989, 54 F.R. 31493. Presidential Determination No. 89-2, Oct. 5, 1988, 53 F.R. 45249. Presidential Determination No. 88-16, May 20, 1988, 53 F.R. 21405. Presidential Determination No. 88-01, Oct. 5, 1987, 52 F.R. 42073. Presidential Determination No. 87-1, Oct. 17, 1986, 51 F.R. 39637. Presidential Determination No. 83-2, Oct. 11, 1982, 47 F.R. 46483. Presidential Determination No. 82-1, Oct. 10, 1981, 46 F.R. 55233. Presidential Determination No. 80-28, Sept. 30, 1980, 45 F.R. 68365. -EXEC- EX. ORD. NO. 12208. CONSULTATIONS ON THE ADMISSION OF REFUGEES Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Refugee Act of 1980 (P.L. 96-212; 8 U.S.C. 1101 note), the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.), and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: 1-101. Exclusive of the functions otherwise delegated, or reserved to the President, by this Order, there are hereby delegated the following functions: (a) To the Secretary of State and the Attorney General, or either of them, the functions of initiating and carrying out appropriate consultations with members of the Committees on the Judiciary of the Senate and of the House of Representatives for purposes of Sections 101(a)(42)(B) and 207(a), (b), (d), and (e) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b), (d), and (e)). (b) To the United States Coordinator for Refugee Affairs, the functions of reporting and carrying on periodic discussions under section 207(d)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1157(d)(1)). 1-102. (a) The functions vested in the United States Coordinator for Refugee Affairs by Section 1-101(b) of this Order shall be carried out in consultation with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services. (b) The United States Coordinator shall notify the Committees on the Judiciary of the Senate and of the House of Representatives that the Secretary of State and the Attorney General, or either of them, wish to consult for the purposes of Section 207(a), (b), or (d) of the Immigration and Nationality Act, as amended (8 U.S.C. 1157(a), (b), or (d)). The United States Coordinator for Refugee Affairs shall, in accord with his responsibilities under Section 301 of the Refugee Act of 1980 (8 U.S.C. 1525), prepare for those Committees the information required by 207(e) of the Immigration and Nationality Act, as amended. 1-103. There are reserved to the President the following functions under the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.). (a) To specify special circumstances for purposes of qualifying persons as refugees under Section 101(a)(42)(B) (8 U.S.C. 1101(a)(42)(B)). (b) To make determinations under Sections 207(a)(1), 207(a)(2), 207(a)(3) and 207(b) (8 U.S.C. 1157(a)(1) to (3) and (b)). (c) To fix the number of refugees to be admitted under Section 207(b). 1-104. Except to the extent inconsistent with this Order, all actions previously taken pursuant to any function delegated or assigned by this Order shall be deemed to have been taken and authorized by this Order. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1101, 1151, 1159, 1181, 1182, 1324b, 1522 of this title; title 7 section 2015; title 22 section 4703; title 42 sections 602, 615, 1382j, 1436a. ------DocID 11579 Document 121 of 470------ -CITE- 8 USC Sec. 1158 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1158. Asylum procedure -STATUTE- (a) Establishment by Attorney General; coverage The Attorney General shall establish a procedure for an alien physically present in the United States or at a land border or port of entry, irrespective of such alien's status, to apply for asylum, and the alien may be granted asylum in the discretion of the Attorney General if the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of this title. (b) Termination of asylum by Attorney General; criteria Asylum granted under subsection (a) of this section may be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that the alien is no longer a refugee within the meaning of section 1101(a)(42)(A) of this title owing to a change in circumstances in the alien's country of nationality or, in the case of an alien having no nationality, in the country in which the alien last habitually resided. (c) Status of spouse or child of alien granted asylum A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under subsection (a) of this section may, if not otherwise eligible for asylum under such subsection, be granted the same status as the alien if accompanying, or following to join, such alien. (d) Aliens convicted of aggravated felony An alien who has been convicted of an aggravated felony, notwithstanding subsection (a) of this section, may not apply for or be granted asylum. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 208, as added Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 201(b), 94 Stat. 105, and amended Nov. 29, 1990, Pub. L. 101-649, title V, Sec. 515(a)(1), 104 Stat. 5053.) -MISC1- AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-649 added subsec. (d). EFFECTIVE DATE OF 1990 AMENDMENT Section 515(b) of Pub. L. 101-649 provided that: '(1) The amendment made by subsection (a)(1) (amending this section) shall apply to applications for asylum made on or after the date of the enactment of this Act (Nov. 29, 1990). '(2) The amendment made by subsection (a)(1) (probably means subsec. (a)(2), amending section 1253 of this title) shall take effect on the date of the enactment of this Act and shall apply to convictions entered before, on, or after the date of the enactment of this Act.' EFFECTIVE DATE Section effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title. TIME FOR ESTABLISHMENT OF ASYLUM PROCEDURE BY ATTORNEY GENERAL Section 204(d)(2) of Pub. L. 96-212 provided that: 'The Attorney General shall establish the asylum procedure referred to in section 208(a) of the Immigration and Nationality Act (as added by section 201(b) of this title) (subsec. (a) of this section) not later than June 1, 1980.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1324b of this title; title 7 section 2015; title 22 section 4703; title 42 sections 602, 615, 1436a. ------DocID 11580 Document 122 of 470------ -CITE- 8 USC Sec. 1159 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1159. Adjustment of status of refugees -STATUTE- (a) Criteria and procedures applicable for admission as immigrant; effect of adjustment (1) Any alien who has been admitted to the United States under section 1157 of this title - (A) whose admission has not been terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe, (B) who has been physically present in the United States for at least one year, and (C) who has not acquired permanent resident status, shall, at the end of such year period, return or be returned to the custody of the Service for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1226, and 1227 of this title. (2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before a special inquiry officer to be admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of the alien's inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien's arrival into the United States. (b) Maximum number of adjustments; recordkeeping Not more than 10,000 of the refugee admissions authorized under section 1157(a) of this title in any fiscal year may be made available by the Attorney General, in the Attorney General's discretion and under such regulations as the Attorney General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who - (1) applies for such adjustment, (2) has been physically present in the United States for at least one year after being granted asylum, (3) continues to be a refugee within the meaning of section 1101(a)(42)(A) of this title or a spouse or child of such a refugee, (4) is not firmly resettled in any foreign country, and (5) is admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of examination for adjustment of such alien. Upon approval of an application under this subsection, the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application. (c) Applicability of other Federal statutory requirements The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status under this section, and the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraphs (FOOTNOTE 1) (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (FOOTNOTE 1) So in original. Probably should be 'subparagraph'. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 209, as added Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 201(b), 94 Stat. 105, and amended Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 104(a)(1), title VI, Sec. 603(a)(4), 104 Stat. 4985, 5082.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-649, Sec. 104(a)(1), substituted '10,000' for 'five thousand'. Subsec. (c). Pub. L. 101-649, Sec. 603(a)(4), substituted '(4), (5), and (7)(A)' for '(14), (15), (20), (21), (25), and (32)' and '(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))' for '(other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics)'. EFFECTIVE DATE OF 1990 AMENDMENT Section 104(a)(2) of Pub. L. 101-649 provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without the need for appropriate consultation, to increase the refugee determination previously made under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for fiscal year 1991 in order to make such amendment effective for such fiscal year.' Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE Section effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title. WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT ASYLEES; ADJUSTMENT OF CERTAIN FORMER ASYLEES Section 104(c), (d) of Pub. L. 101-649 provided that: '(c) Waiver of Numerical Limitation for Certain Current Asylees. - The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not apply to an alien described in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June 1, 1990. '(d) Adjustment of Certain Former Asylees. - '(1) In general. - Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall also apply to an alien - '(A) who was granted asylum before the date of the enactment of this Act (Nov. 29, 1990) (regardless of whether or not such asylum has been terminated under section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b))), '(B) who is no longer a refugee because of a change in circumstances in a foreign state, and '(C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) thereof and but for any numerical limitation under such section. '(2) Application of per country limitations. - The number of aliens who are natives of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal year shall not exceed the difference between the per country limitation established under section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act.' (Section 104(c), (d) of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1160, 1255a of this title. ------DocID 11581 Document 123 of 470------ -CITE- 8 USC Sec. 1160 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1160. Special agricultural workers -STATUTE- (a) Lawful residence (1) In general The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements: (A) Application period The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986. (B) Performance of seasonal agricultural services and residence in the United States The alien must establish that he has - (i) resided in the United States, and (ii) performed seasonal agricultural services in the United States for at least 90 man-days, during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day. (C) Admissible as immigrant The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2) of this section. (2) Adjustment to permanent residence The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date: (A) Group 1 Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall occur on the first day after the end of the one-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A). (B) Group 2 In the case of aliens to which subparagraph (A) does not apply, the adjustment shall occur on the day after the last day of the two-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A). (C) Numerical limitation Subparagraph (A) shall not apply to more than 350,000 aliens. If more than 350,000 aliens meet the requirements of such subparagraph, such subparagraph shall apply to the 350,000 aliens whose applications for adjustment were first filed under paragraph (1) and subparagraph (B) shall apply to the remaining aliens. (3) Termination of temporary residence (A) During the period of temporary resident status granted an alien under paragraph (1), the Attorney General may terminate such status only upon a determination under this chapter that the alien is deportable. (B) Before any alien becomes eligible for adjustment of status under paragraph (2), the Attorney General may deny adjustment to permanent status and provide for termination of the temporary resident status granted such alien under paragraph (1) if - (i) the Attorney General finds by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as set out in section 1182(a)(6)(C)(i) of this title, or (ii) the alien commits an act that (I) makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (c)(2) of this section, or (II) is convicted of a felony or 3 or more misdemeanors committed in the United States. (4) Authorized travel and employment during temporary residence During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United States and shall be provided an 'employment authorized' endorsement or other appropriate work permit, in the same manner as for aliens lawfully admitted for permanent residence. (5) In general Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under paragraph (1), such status not having changed, is considered to be an alien lawfully admitted for permanent residence (as described in section 1101(a)(20) of this title), other than under any provision of the immigration laws. (b) Applications for adjustment of status (1) To whom may be made (A) Within the United States The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed - (i) with the Attorney General, or (ii) with a designated entity (designated under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Attorney General. (B) Outside the United States The Attorney General, in cooperation with the Secretary of State, shall provide a procedure whereby an alien may apply for adjustment of status under subsection (a)(1) of this section at an appropriate consular office outside the United States. If the alien otherwise qualifies for such adjustment, the Attorney General shall provide such documentation of authorization to enter the United States and to have the alien's status adjusted upon entry as may be necessary to carry out the provisions of this section. (2) Designation of entities to receive applications For purposes of receiving applications under this section, the Attorney General - (A) shall designate qualified voluntary organizations and other qualified State, local, community, farm labor organizations, and associations of agricultural employers, and (B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 1159 or 1255 of this title, Public Law 89-732 (8 U.S.C. 1255 note), or Public Law 95-145 (8 U.S.C. 1255 note). (3) Proof of eligibility (A) In general An alien may establish that he meets the requirement of subsection (a)(1)(B)(ii) of this section through government employment records, records supplied by employers or collective bargaining organizations, and such other reliable documentation as the alien may provide. The Attorney General shall establish special procedures to credit properly work in cases in which an alien was employed under an assumed name. (B) Documentation of work history (i) An alien applying for adjustment of status under subsection (a)(1) of this section has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of man-days (as required under subsection (a)(1)(B)(ii) of this section). (ii) If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien's burden of proof under clause (i) may be met by securing timely production of those records under regulations to be promulgated by the Attorney General. (iii) An alien can meet such burden of proof if the alien establishes that the alien has in fact performed the work described in subsection (a)(1)(B)(ii) of this section by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Attorney General to disprove the alien's evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence. (4) Treatment of applications by designated entities Each designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(A)(ii) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General. (5) Limitation on access to information Files and records prepared for purposes of this section by designated entities operating under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien. (6) Confidentiality of information Neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may - (A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application including a determination under subparagraph (FOOTNOTE 1) (a)(3)(B), or for enforcement of paragraph (7). (FOOTNOTE 2) (FOOTNOTE 1) So in original. Probably should be 'subsection'. (FOOTNOTE 2) So in original. The period probably should be a comma. (B) make any publication whereby the information furnished by any particular individual can be identified, or (C) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications. Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be fined in accordance with title 18 or imprisoned not more than five years, or both. (7) Penalties for false statements in applications (A) Criminal penalty Whoever - (i) files an application for adjustment of status under this section and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, or (ii) creates or supplies a false writing or document for use in making such an application, shall be fined in accordance with title 18 or imprisoned not more than five years, or both. (B) Exclusion An alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in section 1182(a)(19) (FOOTNOTE 3) of this title. (FOOTNOTE 3) See References in Text note below. (c) Waiver of numerical limitations and certain grounds for exclusion (1) Numerical limitations do not apply The numerical limitations of sections 1151 and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section. (2) Waiver of grounds for exclusion In the determination of an alien's admissibility under subsection (a)(1)(C) of this section - (A) Grounds of exclusion not applicable The provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title shall not apply. (B) Waiver of other grounds (i) In general Except as provided in clause (ii), the Attorney General may waive any other provision of section 1182(a) of this title in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (ii) Grounds that may not be waived The following provisions of section 1182(a) of this title may not be waived by the Attorney General under clause (i): (I) Paragraphs (2)(A) and (2)(B) (relating to criminals). (II) Paragraph (4) (relating to aliens likely to become public charges). (III) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana. (IV) Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof. (C) Special rule for determination of public charge An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 1182(a)(4) of this title if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance. (d) Temporary stay of exclusion or deportation and work authorization for certain applicants (1) Before application period The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1) of this section and who can establish a nonfrivolous case of eligibility to have his status adjusted under subsection (a) of this section (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien - (A) may not be excluded or deported, and (B) shall be granted authorization to engage in employment in the United States and be provided an 'employment authorized' endorsement or other appropriate work permit. (2) During application period The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application for adjustment of status under subsection (a) of this section during the application period, and until a final determination on the application has been made in accordance with this section, the alien - (A) may not be excluded or deported, and (B) shall be granted authorization to engage in employment in the United States and be provided an 'employment authorized' endorsement or other appropriate work permit. (3) Use of application fees to offset program costs No application fees collected by the Immigration and Naturalization Service (INS) pursuant to this subsection may be used by the INS to offset the costs of the special agricultural worker legalization program until the INS implements the program consistent with the statutory mandate as follows: (A) During the application period as defined in subsection (a)(1)(A) of this section the INS may grant temporary admission to the United States, work authorization, and provide an 'employment authorized' endorsement or other appropriate work permit to any alien who presents a preliminary application for adjustment of status under subsection (a) of this section at a designated port of entry on the southern land border. An alien who does not enter through a port of entry is subject to deportation and removal as otherwise provided in this chapter. (B) During the application period as defined in subsection (a)(B)(1)(B) (FOOTNOTE 4) of this section any alien who has filed an application for adjustment of status within the United States as provided in subsection (b)(1)(A) of this section pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph (2) of this subsection. (FOOTNOTE 4) So in original. Probably should be '(a)(1)(A)'. (C) A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States and the documentary evidence which the applicant intends to submit as proof of such employment. The applicant must be otherwise admissible to the United States and must establish to the satisfaction of the examining officer during an interview that his or her claim to eligibility for special agriculture worker status is credible. (e) Administrative and judicial review (1) Administrative and judicial review There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection. (2) Administrative review (A) Single level of administrative appellate review The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination. (B) Standard for review Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination. (3) Judicial review (A) Limitation to review of exclusion or deportation There shall be judicial review of such a denial only in the judicial review of an order of exclusion or deportation under section 1105a of this title. (B) Standard for judicial review Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole. (f) Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a) of this section, and notwithstanding any other provision of law, the alien is not eligible for aid under a State plan approved under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). Notwithstanding the previous sentence, in the case of an alien who would be eligible for aid under a State plan approved under part A of title IV of the Social Security Act but for the previous sentence, the provisions of paragraph (3) of section 1255a(h) of this title shall apply in the same manner as they apply with respect to paragraph (1) of such section and, for this purpose, any reference in section 1255a(h)(3) of this title to paragraph (1) is deemed a reference to the previous sentence. (g) Treatment of special agricultural workers For all purposes (subject to subsections (a)(5) and (f) of this section) an alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence, such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence (within the meaning of section 1101(a)(20) of this title). (h) 'Seasonal agricultural services' defined In this section, the term 'seasonal agricultural services' means the performance of field work related to planting, cultural practices, cultivating, growing and harvesting of fruits and vegetables of every kind and other perishable commodities, as defined in regulations by the Secretary of Agriculture. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 210, as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 302(a)(1), 100 Stat. 3417, and amended Dec. 22, 1987, Pub. L. 100-202, Sec. 101(a) (title II, Sec. 211), 101 Stat. 1329, 1329-18; Oct. 24, 1988, Pub. L. 100-525, Sec. 2(m), 102 Stat. 2613; Dec. 18, 1989, Pub. L. 101-238, Sec. 4, 103 Stat. 2103; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec. 603(a)(5), 104 Stat. 5082.) -REFTEXT- REFERENCES IN TEXT Public Law 89-732, referred to in subsec. (b)(2)(B), is Pub. L. 89-732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out as a note under section 1255 of this title. Public Law 95-145, referred to in subsec. (b)(2)(B), is Pub. L. 95-145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub. L. 95-145 is set out as a note under section 1255 of this title. Title II of Pub. L. 95-145 amended Pub. L. 94-23, which was set out as a note under section 2601 of Title 22, Foreign Relations and Intercourse, and was repealed by Pub. L. 96-212, title III, Sec. 312(c), Mar. 17, 1980, 94 Stat. 117. Section 1182(a) of this title, referred to in subsec. (b)(7)(B), was amended generally by Pub. L. 101-649, title VI, Sec. 601(a), Nov. 29, 1990, 104 Stat. 5067, and, as so amended, provisions formerly appearing in par. (19) are contained in par. (6)(C)(i). The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Social Security Act is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (a)(3)(B)(i). Pub. L. 101-649, Sec. 603(a)(5)(A), substituted '1182(a)(6)(C)(i)' for '1182(a)(19)'. Subsec. (c)(2)(A). Pub. L. 101-649, Sec. 603(a)(5)(B), substituted '(5) and (7)(A)' for '(14), (20), (21), (25), and (32)'. Subsec. (c)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(5)(C), substituted 'Paragraphs (2)(A) and (2)(B)' for 'Paragraph (9) and (10)'. Subsec. (c)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(5)(D), substituted '(4)' for '(15)'. Subsec. (c)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(5)(E), substituted '(2)(C)' for '(23)'. Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(5)(F), substituted 'Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof' for 'Paragraphs (27), (28), and (29) (relating to national security and members of certain organizations)'. Subsec. (c)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(5)(G), struck out subcl. (V) which referred to par. (33). Subsec. (c)(2)(C). Pub. L. 101-649, Sec. 603(a)(5)(H), substituted '1182(a)(4)' for '1182(a)(15)'. 1989 - Subsec. (a)(3). Pub. L. 101-238, Sec. 4(a), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (b)(6)(A). Pub. L. 101-238, Sec. 4(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 'use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of paragraph (7),'. 1988 - Subsec. (g). Pub. L. 100-525 substituted 'subsections (a)(5) and (f)' for 'subsections (b)(3) and (f)'. 1987 - Subsec. (d)(3). Pub. L. 100-202 added par. (3). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to applications for adjustment of status made on or after June 1, 1991, see section 601(e)(2) of Pub. L. 101-649, set out as a note under section 1101 of this title. 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. COMMISSION ON AGRICULTURAL WORKERS Section 304 of Pub. L. 99-603, as amended by Pub. L. 101-649, title VII, Sec. 704, Nov. 29, 1990, 104 Stat. 5086, provided that: '(a) Establishment and Composition of Commission. - (1) There is established a Commission on Agricultural Workers (hereinafter in this section referred to as the 'Commission'), to be composed of 12 members - '(A) six to be appointed by the President, '(B) three to be appointed by the Speaker of the House of Representatives, and '(C) three to be appointed by the President pro tempore of the Senate. '(2) In making appointments under paragraph (1)(A), the President shall consult - '(A) with the Attorney General in appointing two members, '(B) with the Secretary of Labor in appointing two members, and '(C) with the Secretary of Agriculture in appointing two members. '(3) A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. '(4) Members shall be appointed to serve for the life of the Commission. '(b) Functions of Commission. - (1) The Commission shall review the following: '(A) The impact of the special agricultural worker provisions on the wages and working conditions of domestic farmworkers, on the adequacy of the supply of agricultural labor, and on the ability of agricultural workers to organize. '(B) The extent to which aliens who have obtained lawful permanent or temporary resident status under the special agricultural worker provisions continue to perform seasonal agricultural services and the requirement that aliens who become special agricultural workers under section 210A of the Immigration and Nationality Act (8 U.S.C. 1161) perform 90 man-days of seasonal agricultural services for certain periods in order to avoid deportation or to become naturalized. '(C) The impact of the legalization program and the employers' sanctions on the supply of agricultural labor. '(D) The extent to which the agricultural industry relies on the employment of a temporary workforce. '(E) The adequacy of the supply of agricultural labor in the United States and whether this supply needs to be further supplemented with foreign labor and the appropriateness of the numerical limitation on additional special agricultural workers imposed under section 210A(b) of the Immigration and Nationality Act (8 U.S.C. 1161(b)). '(F) The extent of unemployment and underemployment of farmworkers who are United States citizens or aliens lawfully admitted for permanent residence. '(G) The extent to which the problems of agricultural employers in securing labor are related to the lack of modern labor-management techniques in agriculture. '(H) Whether certain geographic regions need special programs or provisions to meet their unique needs for agricultural labor. '(I) Impact of the special agricultural worker provisions on the ability of crops harvested in the United States to compete in international markets. '(2) The Commission shall conduct an overall evaluation of the special agricultural worker provisions, including the process for determining whether or not an agricultural labor shortage exists. '(c) Report to Congress. - The Commission shall report to the Congress not later than six years after the date of the enactment of this Act (Nov. 6, 1986) on its reviews under subsection (b). The Commission shall include in its report recommendations for appropriate changes that should be made in the special agricultural worker provisions. '(d) Compensation of Members. - (1) Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, the daily equivalent of the minimum annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which the member is engaged in the actual performance of duties of the Commission. Each member of the Commission who is such an officer or employee shall serve without additional pay. '(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence. '(e) Meetings of Commission. - (1) Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. '(2) The Chairman and the Vice Chairman of the Commission shall be elected by the members of the Commission for the life of the Commission. '(3) The Commission shall meet at the call of the Chairman or a majority of its members. '(f) Staff. - (1) The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment in the (sic) and compensation and other conditions of service in the civil service. Any Federal employee subject to those laws, rules, and regulations may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. '(2) The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-18 of the General Schedule. '(g) Authority of Commission. - (1) The Commission may for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. '(2) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission. '(3) The Commission may accept, use, and dispose of gifts or donations of services or property. '(4) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. '(5) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. '(h) Authorization of Appropriations. - (1) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. '(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts. '(i) Termination Date. - The Commission shall cease to exist at the end of the 75-month period beginning with the month after the month in which this Act is enacted (November 1986). '(j) Definitions. - In this section: '(1) The term 'employer sanctions' means the provisions of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). '(2) The term 'legalization program' refers to the provisions of section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a). '(3) The term 'seasonal agricultural services' has the meaning given such term in section 210(h) of the Immigration and Nationality Act (8 U.S.C. 1160(h)). '(4) The term 'special agricultural worker provisions' refers to sections 210 and 210A of the Immigration and Nationality Act (8 U.S.C. 1160, 1161).' (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1161, 1324a, 1324b of this title; title 42 sections 602, 672. ------DocID 11582 Document 124 of 470------ -CITE- 8 USC Sec. 1161 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part I -HEAD- Sec. 1161. Determination of agricultural labor shortages and admission of additional special agricultural workers -STATUTE- (a) Determination of need to admit additional special agricultural workers (1) In general Before the beginning of each fiscal year (beginning with fiscal year 1990 and ending with fiscal year 1993), the Secretaries of Labor and Agriculture (in this section referred to as the 'Secretaries') shall jointly determine the number (if any) of additional aliens who should be admitted to the United States or who should otherwise acquire the status of aliens lawfully admitted for temporary residence under this section during the fiscal year to meet a shortage of workers to perform seasonal agricultural services in the United States during the year. Such number is, in this section, referred to as the 'shortage number'. (2) Overall determination The shortage number is - (A) the anticipated need for special agricultural workers (as determined under paragraph (4)) for the fiscal year, minus (B) the supply of such workers (as determined under paragraph (5)) for that year, divided by the factor (determined under paragraph (6)) for man-days per worker. (3) No replenishment if no shortage In determining the shortage number, the Secretaries may not determine that there is a shortage unless, after considering all of the criteria set forth in paragraphs (4) and (5), the Secretaries determine that there will not be sufficient able, willing, and qualified workers available to perform seasonal agricultural services required in the fiscal year involved. (4) Determination of need For purposes of paragraph (2)(A), the anticipated need for special agricultural workers for a fiscal year is determined as follows: (A) Base The Secretaries shall jointly estimate, using statistically valid methods, the number of man-days of labor performed in seasonal agricultural services in the United States in the previous fiscal year. (B) Adjustment for crop losses and changes in industry The Secretaries shall jointly - (i) increase such number by the number of man-days of labor in seasonal agricultural services in the United States that would have been needed in the previous fiscal year to avoid any crop damage or other loss that resulted from the unavailability of labor, and (ii) adjust such number to take into account the projected growth or contraction in the requirements for seasonal agricultural services as a result of - (I) growth or contraction in the seasonal agriculture industry, and (II) the use of technologies and personnel practices that affect the need for, and retention of, workers to perform such services. (5) Determination of supply For purposes of paragraph (2)(B), the anticipated supply of special agricultural workers for a fiscal year is determined as follows: (A) Base The Secretaries shall use the number estimated under paragraph (4)(A). (B) Adjustment for retirements and increased recruitment The Secretaries shall jointly - (i) decrease such number by the number of man-days of labor in seasonal agricultural services in the United States that will be lost due to retirement and movement of workers out of performance of seasonal agricultural services, and (ii) increase such number by the number of additional man-days of labor in seasonal agricultural services in the United States that can reasonably be expected to result from the availability of able, willing, qualified, and unemployed special agricultural workers, rural low skill, or manual, laborers, and domestic agricultural workers. (C) Bases for increased number In making the adjustment under subparagraph (B)(ii), the Secretaries shall consider - (i) the effect, if any, that improvements in wages and working conditions offered by employers will have on the availability of workers to perform seasonal agricultural services, taking into account the adverse effect, if any, of such improvements in wages and working conditions on the economic competitiveness of the perishable agricultural industry, (ii) the effect, if any, of enhanced recruitment efforts by the employers of such workers and government employment services in the traditional and expected areas of supply of such workers, and (iii) the number of able, willing and qualified individuals who apply for employment opportunities in seasonal agricultural services listed with offices of government employment services. (D) Construction Nothing in this subsection shall be deemed to require any individual employer to pay any specified level of wages, to provide any specified working conditions, or to provide for any specified recruitment of workers. (6) Determination of man-day per worker factor (A) Fiscal year 1990 For fiscal year 1990 - (i) In general Subject to clause (ii), for purposes of paragraph (2) the factor under this paragraph is the average number, as estimated by the Director of the Bureau of the Census under subsection (b)(3)(A)(ii) of this section, of man-days of seasonal agricultural services performed in the United States in fiscal year 1989 by special agricultural workers whose status is adjusted under section 1160 of this title and who performed seasonal agricultural services in the United States at any time during the fiscal year. (ii) Lack of adequate information If the Director determines that - (I) the information reported under subsection (b)(2)(A) of this section is not adequate to make a reasonable estimate of the average number described in clause (i), but (II) the inadequacy of the information is not due to the refusal or failure of employers to report the information required under subsection (b)(2)(A) of this section, the factor under this paragraph is 90. (B) Fiscal year 1991 For purposes of paragraph (2) for fiscal year 1991, the factor under this paragraph is the average number, as estimated by the Director of the Bureau of the Census under subsection (b)(3)(A)(ii) of this section, of man-days of seasonal agricultural services performed in the United States in fiscal year 1990 by special agricultural workers who obtained lawful temporary resident status under this section. (C) Fiscal years 1992 and 1993 For purposes of paragraph (2) for fiscal years 1992 and 1993, the factor under this paragraph is the average number, as estimated by the Director of the Bureau of the Census under subsection (b)(3)(A)(ii) of this section, of man-days of seasonal agricultural services performed in the United States in each of the two previous fiscal years by special agricultural workers who obtained lawful temporary resident status under this section during either of such fiscal years. (7) Emergency procedure for increase in shortage number (A) Requests After the beginning of a fiscal year, a group or association representing employers (and potential employers) of individuals who perform seasonal agricultural services may request the Secretaries to increase the shortage number for the fiscal year based upon a showing that extraordinary, unusual, and unforeseen circumstances have resulted in a significant increase in the shortage number due to (i) a significant increase in the need for special agricultural workers in the year, (ii) a significant decrease in the availability of able, willing, and qualified workers to perform seasonal agricultural services, or (iii) a significant decrease (below the factor used for purposes of paragraph (6)) in the number of man-days of seasonal agricultural services performed by aliens who were recently admitted (or whose status was recently adjusted) under this section. (B) Notice of emergency procedure Not later than 3 days after the date the Secretaries receive a request under subparagraph (A), the Secretaries shall provide for notice in the Federal Register of the substance of the request and shall provide an opportunity for interested parties to submit information to the Secretaries on a timely basis respecting the request. (C) Prompt determination on request The Secretaries, not later than 21 days after the date of the receipt of such a request and after consideration of any information submitted on a timely basis with respect to the request, shall make and publish in the Federal Register their determination on the request. The request shall be granted, and the shortage number for the fiscal year shall be increased, to the extent that the Secretaries determine that such an increase is justified based upon the showing and circumstances described in subparagraph (A) and that such an increase takes into account reasonable recruitment efforts having been undertaken. (8) Procedure for decreasing man-days of seasonal agricultural services required in the case of oversupply of workers (A) Requests After the beginning of a fiscal year, a group of special agricultural workers may request the Secretaries to decrease the number of man-days required under subparagraphs (A) and (B) of subsection (d)(2) of this section with respect to the fiscal year based upon a showing that extraordinary, unusual, and unforeseen circumstances have resulted in a significant decrease in the shortage number due to (i) a significant decrease in the need for special agricultural workers in the year, (ii) a significant increase in the availability of able, willing, and qualified workers to perform seasonal agricultural services, or (iii) a significant increase (above the factor used for purposes of paragraph (6)) in the number of man-days of seasonal agricultural services performed by aliens who were recently admitted (or whose status was recently adjusted) under this section. (B) Notice of request Not later than 3 days after the date the Secretaries receive a request under subparagraph (A), the Secretaries shall provide for notice in the Federal Register of the substance of the request and shall provide an opportunity for interested parties to submit information to the Secretaries on a timely basis respecting the request. (C) Determination on request The Secretaries, before the end of the fiscal year involved and after consideration of any information submitted on a timely basis with respect to the request, shall make and publish in the Federal Register their determination on the request. The request shall be granted, and the number of man-days specified in subparagraphs (A) and (B) of subsection (d)(2) of this section for the fiscal year shall be reduced by the same proportion as the Secretaries determine that a decrease in the shortage number is justified based upon the showing and circumstances described in subparagraph (A). (b) Annual numerical limitation on admission of additional special agricultural workers (1) Annual numerical limitation (A) Fiscal year 1990 The numerical limitation on the number of aliens who may be admitted under subsection (c)(1) of this section or who otherwise may acquire lawful temporary residence under such subsection for fiscal year 1990 is - (i) 95 percent of the number of individuals whose status was adjusted under section 1160(a) of this title, minus (ii) the number estimated under paragraph (3)(A)(i) for fiscal year 1989 (as adjusted in accordance with subparagraph (C)). (B) Fiscal years 1991, 1992, and 1993 The numerical limitation on the number of aliens who may be admitted under subsection (c)(1) of this section or who otherwise may acquire lawful temporary residence under such subsection for fiscal year 1991, 1992, or 1993 is - (i) 90 percent of the number described in this clause for the previous fiscal year (or, for fiscal year 1991, the number described in subparagraph (A)(i)), minus (ii) the number estimated under paragraph (3)(A)(i) for the previous fiscal year (as adjusted in accordance with subparagraph (C)). (C) Adjustment to take into account change in number of H-2 agricultural workers The number used under subparagraph (A)(ii) or (B)(ii) (as the case may be) shall be increased or decreased to reflect any numerical increase or decrease, respectively, in the number of aliens admitted to perform temporary seasonal agricultural services (as defined in subsection (g)(2) of this section) under section 1101(a)(15)(H)(ii)(a) of this title in the fiscal year compared to such number in the previous fiscal year. (2) Reporting of information on employment In the case of a person or entity who employs, during a fiscal year (beginning with fiscal year 1989 and ending with fiscal year 1992) in seasonal agricultural services, a special agricultural worker - (A) whose status was adjusted under section 1160 of this title, the person or entity shall furnish an official designated by the Secretaries with a certificate (at such time, in such form, and containing such information as the Secretaries establish, after consultation with the Attorney General and the Director of the Bureau of the Census) of the number of man-days of employment performed by the alien in seasonal agricultural services during the fiscal year, or (B) who was admitted or whose status was adjusted under this section, the person or entity shall furnish the alien and an official designated by the Secretaries with a certificate (at such time, in such form, and containing such information as the Secretaries establish, after consultation with the Attorney General and the Director of the Bureau of the Census) of the number of man-days of employment performed by the alien in seasonal agricultural services during the fiscal year. (3) Annual estimate of employment of special agricultural workers (A) In general The Director of the Bureau of the Census shall, before the end of each fiscal year (beginning with fiscal year 1989 and ending with fiscal year 1992), estimate - (i) the number of special agricultural workers who have performed seasonal agricultural services in the United States at any time during the fiscal year, and (ii) for purposes of subsection (a)(5) of this section, the average number of man-days of such services certain of such workers have performed in the United States during the fiscal year. (B) Furnishing of information to Director The offical designated by the Secretaries under paragraph (2) shall furnish to the Director, in such form and manner as the Director specifies, information contained in the certifications furnished to the official under paragraph (2). (C) Basis for estimates The Director shall base the estimates under subparagraph (A) on the information furnished under subparagraph (B), but shall take into account (to the extent feasible) the underreporting or duplicate reporting of special agricultural workers who have performed seasonal agricultural services at any time during the fiscal year. The Director shall periodically conduct appropriate surveys, of agricultural employers and others, to ascertain the extent of such underreporting or duplicate reporting. (D) Report The Director shall annually prepare and report to the Congress information on the estimates made under this paragraph. (c) Admission of additional special agricultural workers (1) In general For each fiscal year (beginning with fiscal year 1990 and ending with fiscal year 1993), the Attorney General shall provide for the admission for lawful temporary resident status, or for the adjustment of status to lawful temporary resident status, of a number of aliens equal to the shortage number (if any, determined under subsection (a) of this section) for the fiscal year, or, if less, the numerical limitation established under subsection (b)(1) of this section for the fiscal year. No such alien shall be admitted who is not admissible to the United States as an immigrant, except as otherwise provided under subsection (e) of this section. (2) Allocation of visas The Attorney General shall, in consultation with the Secretary of State, provide such process as may be appropriate for aliens to petition for immigrant visas or to adjust status to become aliens lawfully admitted for temporary residence under this subsection. No alien may be issued a visa as an alien to be admitted under this subsection or may have the alien's status adjusted under this subsection unless the alien has had a petition approved under this paragraph. (d) Rights of aliens admitted or adjusted under this section (1) Adjustment to permanent residence The Attorney General shall adjust the status of any alien provided lawful temporary resident status under subsection (c) of this section to that of an alien lawfully admitted for permanent residence at the end of the 3-year period that begins on the date the alien was granted such temporary resident status. (2) Termination of temporary residence During the period of temporary resident status granted an alien under subsection (c) of this section, the Attorney General may terminate such status only upon a determination under this chapter that the alien is deportable. (3) Authorized travel and employment during temporary residence During the period an alien is in lawful temporary resident status granted under this section, the alien has the right to travel abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United States and shall be provided an 'employment authorized' endorsement or other appropriate work permit, in the same manner as for aliens lawfully admitted for permanent residence. (4) In general Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under subsection (c) of this section, such status not having changed, is considered to be an alien lawfully admitted for permanent residence (as described in section 1101(a)(20) of this title), other than under any provision of the immigration laws. (5) Employment in seasonal agricultural services required (A) For 3 years to avoid deportation In order to meet the requirement of this paragraph (for purposes of this subsection and section 1251(a)(1)(F) of this title), an alien, who has obtained the status of an alien lawfully admitted for temporary residence under this section, must establish to the Attorney General that the alien has performed 90 man-days of seasonal agricultural services - (i) during the one-year period beginning on the date the alien obtained such status, (ii) during the one-year period beginning one year after the date the alien obtained such status, and (iii) during the one-year period beginning two years after the date the alien obtained such status. (B) For 5 years for naturalization Notwithstanding any provision in subchapter III of this chapter, an alien admitted under this section may not be naturalized as a citizen of the United States under that subchapter unless the alien has performed 90 man-days of seasonal agricultural services in each of 5 fiscal years (not including any fiscal year before the fiscal year in which the alien was admitted under this section). (C) Proof In meeting the requirements of subparagraphs (A) and (B), an alien may submit such documentation as may be submitted under section 1160(b)(3) of this title. (D) Adjustment of number of man-days required The number of man-days specified in subparagraphs (A) and (B) are subject to adjustment under subsection (a)(8) of this section. (6) Disqualification from certain public assistance The provisions of section 1255a(h) of this title (other than paragraph (1)(A)(iii)) shall apply to an alien who has obtained the status of an alien lawfully admitted for temporary residence under this section, during the five-year period beginning on the date the alien obtained such status, in the same manner as they apply to an alien granted lawful temporary residence under section 1255a of this title; except that, for purposes of this paragraph, assistance furnished under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) or under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) shall not be construed to be financial assistance described in section 1255a(h)(1)(A)(i) of this title. (e) Determination of admissibility of additional workers In the determination of an alien's admissibility under subsection (c)(1) of this section - (1) Grounds of exclusion not applicable The provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title shall not apply. (2) Waiver of certain grounds for exclusion (A) In general Except as provided in subparagraph (B), the Attorney General may waive any other provision of section 1182(a) of this title in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (B) Grounds that may not be waived The following provisions of section 1182(a) of this title may not be waived by the Attorney General under subparagraph (A): (i) Paragraphs (2)(A) and (2)(B) (relating to criminals). (ii) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana. (iii) Paragraphs and (FOOTNOTE 1) (3) (relating to security grounds), other than subparagraph (E) thereof. (FOOTNOTE 1) So in original. The word 'and' probably should not appear. (iv) Paragraph (3)(D) (relating to those who assisted in the Nazi persecutions). (C) Special rule for determination of public charge An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 1182(a)(4) of this title if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance. (3) Medical examination The alien shall be required, at the alien's expense, to undergo such a medical examination (including a determination of immunization status) as is appropriate and conforms to generally accepted professional standards of medical practice. (f) Terms of employment respecting aliens admitted under this section (1) Equal transportation for domestic workers If a person employs an alien, who was admitted or whose status is adjusted under subsection (c) of this section, in the performance of seasonal agricultural services and provides transportation arrangements or assistance for such workers, the employer must provide the same transportation arrangements or assistance (generally comparable in expense and scope) for other individuals employed in the performance of seasonal agricultural services. (2) Prohibition of false information by certain employers A farm labor contractor, agricultural employer, or agricultural association who is an exempt person (as defined in paragraph (5)) shall not knowingly provide false or misleading information to an alien who was admitted or whose status was adjusted under subsection (c) of this section concerning the terms, conditions, or existence of agricultural employment (described in subsection (a), (b), or (c) of section 301 of MASAWPA (29 U.S.C. 1831(a), (b), (c))). (3) Prohibition of discrimination by certain employers In the case of an exempt person and with respect to aliens who have been admitted or whose status has been adjusted under subsection (c) of this section, the provisions of section 505 of MASAWPA (29 U.S.C. 1855) shall apply to any proceeding under or related to (and rights and protections afforded by) this section in the same manner as they apply to proceedings under or related to (and rights and protections afforded by) MASAWPA. (4) Enforcement If a person or entity - (A) fails to furnish a certificate required under subsection (b)(2) of this section or furnishes false statement of a material fact in such a certificate, (B) violates paragraph (1) or (2), or (C) violates the provisions of section 505(a) of MASAWPA (29 U.S.C. 1855(a)) (as they apply under paragraph (3)), the person or entity is subject to a civil money penalty under section 503 of MASAWPA (29 U.S.C. 1853) in the same manner as if the person or entity had committed a violation of MASAWPA. (5) Special definitions In this subsection: (A) MASAWPA. - The term 'MASAWPA' means the Migrant and Seasonal Agricultural Worker Protection Act (Public Law 97-470) (29 U.S.C. 1801 et seq.). (B) The term 'exempt person' means a person or entity who would be subject to the provisions of MASAWPA but for paragraph (1) or (2), or both, of section 4(a) of MASAWPA (29 U.S.C. 1803(a)(1), (2)). (g) General definitions In this section: (1) The term 'special agricultural worker' means an individual, regardless of present status, whose status was at any time adjusted under section 1160 of this title or who at any time was admitted or had the individual's status adjusted under subsection (c) of this section. (2) The term 'seasonal agricultural services' has the meaning given such term in section 1160(h) of this title. (3) The term 'Director' refers to the Director of the Bureau of the Census. (4) The term 'man-day' means, with respect to seasonal agricultural services, the performance during a calendar day of at least 4 hours of seasonal agricultural services. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 1, Sec. 210A, as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 303(a), 100 Stat. 3422, and amended Oct. 24, 1988, Pub. L. 100-525, Sec. 2(n)(1), 102 Stat. 2613; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec. 603(a)(6), (b)(1), 104 Stat. 5083, 5085.) -REFTEXT- REFERENCES IN TEXT The Legal Services Corporation Act, referred to in subsec. (d)(6), is title X of Pub. L. 88-452, as added Pub. L. 93-355, Sec. 2, July 25, 1974, 88 Stat. 378, as amended, which is classified generally to subchapter X (Sec. 2996 et seq.) of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2996 of Title 42 and Tables. The Housing Act of 1949, referred to in subsec. (d)(6), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Housing Act of 1949 is classified generally to subchapter III (Sec. 1471 et seq.) of chapter 8A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables. The Migrant and Seasonal Agricultural Worker Protection Act, referred to in subsec. (f)(5)(A), is Pub. L. 97-470, Jan. 14, 1983, 96 Stat. 2584, which is classified generally to chapter 20 (Sec. 1801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 29 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (d)(5)(A). Pub. L. 101-649, Sec. 603(b)(1), substituted '1251(a)(1)(F)' for '1251(a)(20)'. Subsec. (e)(1). Pub. L. 101-649, Sec. 603(a)(6)(A), substituted '(5) and (7)(A)' for '(14), (20), (21), (25), and (32)'. Subsec. (e)(2)(B)(i). Pub. L. 101-649, Sec. 603(a)(6)(B), substituted 'Paragraphs (2)(A) and (2)(B)' for 'Paragraphs (9) and (10)'. Subsec. (e)(2)(B)(ii). Pub. L. 101-649, Sec. 603(a)(6)(C), substituted '(2)(C)' for '(23)'. Subsec. (e)(2)(B)(iii). Pub. L. 101-649, Sec. 603(a)(6)(D), substituted 'and (3) (relating to security grounds), other than subparagraph (E) thereof' for '(27), (28), and (29) (relating to national security and members of certain organizations)'. Subsec. (e)(2)(B)(iv). Pub. L. 101-649, Sec. 603(a)(6)(E), substituted '(3)(D)' for '(33)'. Subsec. (e)(2)(C). Pub. L. 101-649, Sec. 603(a)(6)(F), substituted '1182(a)(4)' for '1182(a)(15)'. 1988 - Subsec. (a)(8). Pub. L. 100-525 substituted 'oversupply' for 'over-supply' in heading. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 603(a)(6) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. Section 602(d) of Pub. L. 101-649 provided that: 'The amendments made by this section, and by section 603(b) of this Act (amending this section, sections 1251, 1252, 1253, and 1254 of this title, and section 402 of Title 42, The Public Health and Welfare), shall not apply to deportation proceedings for which notice has been provided to the alien before March 1, 1991.' 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1251, 1324b of this title; title 42 sections 602, 672. ------DocID 11583 Document 125 of 470------ -CITE- 8 USC Part II -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Part II - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens ------DocID 11584 Document 126 of 470------ -CITE- 8 USC Sec. 1181 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1181. Admission of immigrants into the United States -STATUTE- (a) Documents required; admission under quotas before June 30, 1968 Except as provided in subsection (b) and subsection (c) of this section no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document or document of identity and nationality, if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued. (b) Readmission without required documents; Attorney General's discretion Notwithstanding the provisions of section 1182(a)(7)(A) of this title in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 1101(a)(27)(A) of this title, who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation. (c) Nonapplicability to aliens admitted as refugees The provisions of subsection (a) of this section shall not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 211, 66 Stat. 181; Oct. 3, 1965, Pub. L. 89-236, Sec. 9, 79 Stat. 917; Oct. 20, 1976, Pub. L. 94-571, Sec. 7(c), 90 Stat. 2706; Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 202, 94 Stat. 106; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec. 603(a)(7), 104 Stat. 5083.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-649 substituted '1182(a)(7)(A)' for '1182(a)(20)'. 1980 - Subsec. (a). Pub. L. 96-212, Sec. 202(1), inserted reference to subsection (c) of this section. Subsec. (c). Pub. L. 96-212, Sec. 202(2), added subsec. (c). 1976 - Subsec. (b). Pub. L. 94-571 substituted reference to section 1101 '(a)(27)(A)' of this title for '(a)(27)(B)'. 1965 - Subsec. (a). Pub. L. 89-236 restated requirement of an unexpired visa and passport for every immigrant arriving in United States to conform to the changes with respect to the classification of immigrant visas. Subsec. (b). Pub. L. 89-236 substituted 'returning resident immigrants, defined in section 1101(a)(27)(B) of this title, who are otherwise admissible', for 'otherwise admissible aliens lawfully admitted for permanent residence who depart from the United States temporarily'. Subsec. (c). Pub. L. 89-236 repealed subsec. (c) which gave Attorney General discretionary authority to admit aliens who arrive in United States with defective visas under specified conditions. Subsec. (d). Pub. L. 89-236 repealed subsec. (d) which imposed restrictions on exercise of Attorney General's discretion to admit aliens arriving with defective visas. Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which required every alien making application for admission as an immigrant to present the documents required under regulations issued by Attorney General. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-212 effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. -CROSS- CROSS REFERENCES Definition of alien, application for admission, attorney general, immigrant, immigrant visa, lawfully admitted for permanent residence, national, parent, passport, and United States, see section 1101 of this title. Reentry permit, see section 1203 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1182, 1230 of this title. ------DocID 11585 Document 127 of 470------ -CITE- 8 USC Sec. 1182 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1182. Excludable aliens -STATUTE- (a) Classes of excludable aliens Except as otherwise provided in this chapter, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States: (1) Health-related grounds (A) In general Any alien - (i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, (ii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General) - (I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or (II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, (iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is excludable. (B) Waiver authorized For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g) of this section. (2) Criminal and related grounds (A) Conviction of certain crimes (i) In general Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of - (I) a crime involving moral turpitude (other than a purely political offense), or (II) a violation of (or a conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), is excludable. (ii) Exception Clause (i)(I) shall not apply to an alien who committed only one crime if - (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). (B) Multiple criminal convictions Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were 5 years or more is excludable. (C) Controlled substance traffickers Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is excludable. (D) Prostitution and commercialized vice Any alien who - (i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status, (ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is excludable. (E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution Any alien - (i) who has committed in the United States at any time a serious criminal offense (as defined in section 1101(h) of this title), (ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense, (iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and (iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense, is excludable. (F) Waiver authorized For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h) of this section. (3) Security and related grounds (A) In general Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in - (i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, (ii) any other unlawful activity, or (iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is excludable. (B) Terrorist activities (i) In general Any alien who - (I) has engaged in a terrorist activity, or (II) a consular officer or the Attorney General knows, or has reasonable ground to believe, is likely to engage after entry in any terrorist activity (as defined in clause (iii)), is excludable. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity. (ii) 'Terrorist activity' defined As used in this chapter, the term 'terrorist activity' means any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following: (I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). (II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained. (III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18) or upon the liberty of such a person. (IV) An assassination. (V) The use of any - (a) biological agent, chemical agent, or nuclear weapon or device, or (b) explosive or firearm (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property. (VI) A threat, attempt, or conspiracy to do any of the foregoing. (iii) 'Engage in terrorist activity' defined As used in this chapter, the term 'engage in terrorist activity' means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time, including any of the following acts: (I) The preparation or planning of a terrorist activity. (II) The gathering of information on potential targets for terrorist activity. (III) The providing of any type of material support, including a safe house, transportation, communications, funds, false identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit an act of terrorist activity. (IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization. (V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity. (C) Foreign policy (i) In general An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is excludable. (ii) Exception for officials An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States. (iii) Exception for other aliens An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien's admission would compromise a compelling United States foreign policy interest. (iv) Notification of determinations If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identities of the alien and the reasons for the determination. (D) Immigrant membership in totalitarian party (i) In general Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is excludable. (ii) Exception for involuntary membership Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes. (iii) Exception for past membership Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that - (I) the membership or affiliation terminated at least - (a) 2 years before the date of such application, or (b) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and (II) the alien is not a threat to the security of the United States. (iv) Exception for close family members The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the alien is not a threat to the security of the United States. (E) Participants in Nazi persecutions or genocide (i) Participation in Nazi persecutions Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with - (I) the Nazi government of Germany, (II) any government in any area occupied by the military forces of the Nazi government of Germany, (III) any government established with the assistance or cooperation of the Nazi government of Germany, or (IV) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is excludable. (ii) Participation in genocide Any alien who has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is excludable. (4) Public charge Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable. (5) Labor certification and qualifications for certain immigrants (A) Labor certification (i) In general Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is excludable, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that - (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. (ii) Certain aliens subject to special rule For purposes of clause (i)(I), an alien described in this clause is an alien who - (I) is a member of the teaching profession, or (II) has exceptional ability in the sciences or the arts. (B) Unqualified physicians An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is excludable, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date. (C) Application of grounds The grounds for exclusion of aliens under subparagraphs (A) and (B) shall apply to preference immigrant aliens described in paragraph (3) or (6) of section 1153(a) (FOOTNOTE 1) of this title and to nonpreference immigrant aliens described in section 1153(a)(7) (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. (6) Illegal entrants and immigration violators (A) Aliens previously deported Any alien who has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien's reapplying for admission. (B) Certain aliens previously removed Any alien who - (i) has been arrested and deported, (ii) has fallen into distress and has been removed pursuant to this chapter or any prior Act, (iii) has been removed as an alien enemy, or (iv) has been removed at Government expense in lieu of deportation pursuant to section 1252(b) of this title, and who seeks admission within 5 years of the date of such deportation or removal (or within 20 years in the case of an alien convicted of an aggravated felony) is excludable, unless before the date of the alien's embarkation or reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien's applying or reapplying for admission. (C) Misrepresentation (i) In general Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under this chapter is excludable. (ii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (i) of this section. (D) Stowaways Any alien who is a stowaway is excludable. (E) Smugglers (i) In general Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is excludable. (ii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (d)(11) of this section. (F) Subject of civil penalty An alien who is the subject of a final order for violation of section 1324c of this title is excludable. (7) Documentation requirements (A) Immigrants (i) In general Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission - (I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title, or (II) whose visa has been issued without compliance with the provisions of section 1153 of this title, is excludable. (ii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (k) of this section. (B) Nonimmigrants (i) In general Any nonimmigrant who - (I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or (II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is excludable. (ii) General waiver authorized For provision authorizing waiver of clause (i), see subsection (d)(4) of this section. (iii) Guam visa waiver For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (l) of this section. (iv) Visa waiver pilot program For authority to waive the requirement of clause (i) under a pilot program, see section 1187 of this title. (8) Ineligible for citizenship (A) In general Any immigrant who is permanently ineligible to citizenship is excludable. (B) Draft evaders Any alien who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is excludable, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant. (9) Miscellaneous (A) Practicing polygamists Any immigrant who is coming to the United States to practice polygamy is excludable. (B) Guardian required to accompany excluded alien Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 1227(e) of this title, whose protection or guardianship is required by the alien ordered excluded and deported, is excludable. (C) International child abduction (i) In general Except as provided in clause (ii), any alien who, after entry of a court order granting custody to a citizen of the United States of a child having a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the United States from the United States citizen granted custody, is excludable until the child is surrendered to such United States citizen. (ii) Exception Clause (i) shall not apply to an alien who is a national of a foreign state that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. (b) Notices of denials If an alien's application for a visa, for admission to the United States, or for adjustment of status is denied by an immigration or consular officer because the officer determines the alien to be excludable under subsection (a) of this section, the officer shall provide the alien with a timely written notice that - (1) states the determination, and (2) lists the specific provision or provisions of law under which the alien is excludable or ineligible for entry or adjustment of status. (c) Nonapplicability of subsection (a) Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 1181(b) of this title. The first sentence of this subsection shall not apply to an alien who has been convicted of an aggravated felony and has served a term of imprisonment of at least 5 years. (d) Temporary admission of nonimmigrants (1), (2) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076. (3) Except as provided in this subsection, an alien (A) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) of this section (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (B) who is inadmissible under subsection (a) of this section (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph. (4) Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) of this section may be waived by the Attorney General and the Secretary of State acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or (C) in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section 1228(c) of this title. (5)(A) The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States. (B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 1157 of this title. (6) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076. (7) The provisions of subsection (a) of this section (other than paragraph (7)) shall be applicable to any alien who shall leave Guam, Puerto Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the United States. The Attorney General shall by regulations provide a method and procedure for the temporary admission to the United States of the aliens described in this proviso. Any alien described in this paragraph, who is excluded from admission to the United States, shall be immediately deported in the manner provided by section 1227(a) of this title. (8) Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of subsection (a) of this section. (9), (10) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076. (11) The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) of this section in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntary (FOOTNOTE 2) and not under an order of deportation, and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title if the alien has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (FOOTNOTE 2) So in original. Probably should be 'voluntarily'. (e) Educational visitor status; foreign residence requirement; waiver No person admitted under section 1101(a)(15)(J) of this title or acquiring such status after admission (i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, (ii) who at the time of admission or acquisition of status under section 1101(a)(15)(J) of this title was a national or resident of a country which the Director of the United States Information Agency, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 1101(a)(15)(H) or section 1101(a)(15)(L) of this title until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency, or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest: And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien. (f) Suspension of entry or imposition of restrictions by President Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrant or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. (g) Bond and conditions for admission of alien excludable on health-related grounds The Attorney General may waive the application of - (1) section (FOOTNOTE 3) (a)(1)(A)(i) in the case of any alien who - (FOOTNOTE 3) So in original. Probably should be 'subsection'. (A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, or (B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa, or (2) subsection (a)(1)(A)(ii) of this section in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe. (h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) of this section and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or alien lawfully admitted for permanent residence if - (1) it is established to the satisfaction of the Attorney General that - (A) the alien is excludable only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry, or adjustment of status, and (B) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and (C) the alien has been rehabilitated; and (2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien's applying or reapplying for a visa, for admission to the United States, or adjustment of status. No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture. (i) Admission of alien excludable for fraud or willful misrepresentation of material fact The Attorney General may, in his discretion, waive application of clause (i) of subsection (a)(6)(C) of this section - (1) in the case of an alien who is the spouse, parent, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or (2) if the fraud or misrepresentation occurred at least 10 years before the date of the alien's application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. (j) Limitation on immigration of foreign medical graduates (1) The additional requirements referred to in section 1101(a)(15)(J) of this title for an alien who is coming to the United States under a program under which he will receive graduate medical education or training are as follows: (A) A school of medicine or of one of the other health professions, which is accredited by a body or bodies approved for the purpose by the Secretary of Education, has agreed in writing to provide the graduate medical education or training under the program for which the alien is coming to the United States or to assume responsibility for arranging for the provision thereof by an appropriate public or nonprofit private institution or agency, except that, in the case of such an agreement by a school of medicine, any one or more of its affiliated hospitals which are to participate in the provision of the graduate medical education or training must join in the agreement. (B) Before making such agreement, the accredited school has been satisfied that the alien (i) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States); or (ii)(I) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services), (II) has competency in oral and written English, (III) will be able to adapt to the educational and cultural environment in which he will be receiving his education or training, and (IV) has adequate prior education and training to participate satisfactorily in the program for which he is coming to the United States. For the purposes of this subparagraph, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date. (C) The alien has made a commitment to return to the country of his nationality or last residence upon completion of the education or training for which he is coming to the United States, and the government of the country of his nationality or last residence has provided a written assurance, satisfactory to the Secretary of Health and Human Services, that there is a need in that country for persons with the skills the alien will acquire in such education or training. (D) The duration of the alien's participation in the program of graduate medical education or training for which the alien is coming to the United States is limited to the time typically required to complete such program, as determined by the Director of the United States Information Agency at the time of the alien's entry into the United States, based on criteria which are established in coordination with the Secretary of Health and Human Services and which take into consideration the published requirements of the medical specialty board which administers such education or training program; except that - (i) such duration is further limited to seven years unless the alien has demonstrated to the satisfaction of the Director that the country to which the alien will return at the end of such specialty education or training has an exceptional need for an individual trained in such specialty, and (ii) the alien may, once and not later than two years after the date the alien enters the United States as an exchange visitor or acquires exchange visitor status, change the alien's designated program of graduate medical education or training if the Director approves the change and if a commitment and written assurance with respect to the alien's new program have been provided in accordance with subparagraph (C). (E) The alien furnishes the Attorney General each year with an affidavit (in such form as the Attorney General shall prescribe) that attests that the alien (i) is in good standing in the program of graduate medical education or training in which the alien is participating, and (ii) will return to the country of his nationality or last residence upon completion of the education or training for which he came to the United States. (2)(A) Except as provided in subparagraph (B), the requirements of subparagraphs (A) and (B)(ii)(I) of paragraph (1) shall not apply between the effective date of this subsection and December 31, 1983, to any alien who seeks to come to the United States to participate in an accredited program of graduate medical education or training if (i) the Secretary of Health and Human Services determines, on a case-by-case basis, that there would be a substantial disruption in the health services provided in such program because such alien was not permitted, because of his failure to meet such requirements, to enter the United States to participate in such program, and (ii) the program has a comprehensive plan to reduce reliance on alien physicians, which plan the Secretary of Health and Human Services finds, in accordance with criteria published by the Secretary, to be satisfactory and to include the following: (I) A detailed discussion of specific problems that the program anticipates without such waiver and of the alternative resources and methods (including use of physician extenders and other paraprofessionals) that have been considered and have been and will be applied to reduce such disruption in the delivery of health services. (II) A detailed description of those changes of the program (including improvement of educational and medical services training) which have been considered and which have been or will be applied which would make the program more attractive to graduates of medical schools who are citizens of the United States. (III) A detailed description of the recruiting efforts which have been and will be undertaken to attract graduates of medical schools who are citizens of the United States. (IV) A detailed description and analysis of how the program, on a year-by-year basis, has phased down and will phase down its dependence upon aliens who are graduates of foreign medical schools so that the program will not be dependent upon the admission to the program of any additional such aliens after December 31, 1983. (B) In the administration of this subsection, the Attorney General shall take such action as may be necessary to ensure that the total number of aliens participating (at any time) in programs described in subparagraph (A) does not, because of the exemption provided by such subparagraph, exceed the total number of aliens participating in such programs on the effective date of this subsection. The Secretary of Health and Human Services, in coordination with the Attorney General and the Director of the United States Information Agency, shall (i) monitor the issuance of waivers under subparagraph (A) and the needs of the communities (with respect to which such waivers are issued) to assure that quality medical care is provided, and (ii) review each program with such a waiver to assure that the plan described in subparagraph (A)(ii) is being carried out and that participants in such program are being provided appropriate supervision in their medical education and training. (C) The Secretary of Health and Human Services, in coordination with the Attorney General and the Director of the United States Information Agency, shall report to the Congress at the beginning of fiscal years 1982 and 1983 on the distribution (by geography, nationality, and medical specialty or field of practice) of foreign medical graduates in the United States who have received a waiver under subparagraph (A), including an analysis of the dependence of the various communities on aliens who are in medical education or training programs in the various medical specialties. (3) The Director of the United States Information Agency annually shall transmit to the Congress a report on aliens who have submitted affidavits described in paragraph (1)(E), and shall include in such report the name and address of each such alien, the medical education or training program in which such alien is participating, and the status of such alien in that program. (k) Attorney General's discretion to admit otherwise excludable aliens who possess immigrant visas Any alien, excludable from the United States under paragraph (5)(A) or (7)(A)(i) of subsection (a) of this section, who is in possession of an immigrant visa may, if otherwise admissible, be admitted in the discretion of the Attorney General if the Attorney General is satisfied that exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission. (l) Guam; waiver of requirements for nonimmigrant visitors; conditions of waiver; acceptance of funds from Guam (1) The requirement of paragraph (7)(B)(i) of subsection (a) of this section may be waived by the Attorney General, the Secretary of State, and the Secretary of the Interior, acting jointly, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay on Guam for a period not to exceed fifteen days, if the Attorney General, the Secretary of State, and the Secretary of the Interior, after consultation with the Governor of Guam, jointly determine that - (A) an adequate arrival and departure control system has been developed on Guam, and (B) such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths. (2) An alien may not be provided a waiver under this subsection unless the alien has waived any right - (A) to review or appeal under this chapter of an immigration officer's determination as to the admissibility of the alien at the port of entry into Guam, or (B) to contest, other than on the basis of an application for asylum, any action for deportation against the alien. (3) If adequate appropriated funds to carry out this subsection are not otherwise available, the Attorney General is authorized to accept from the Government of Guam such funds as may be tendered to cover all or any part of the cost of administration and enforcement of this subsection. (m) Requirements for admission of nonimmigrant nurses during five-year period (1) The qualifications referred to in section 1101(a)(15)(H)(i)(a) of this title, with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien - (A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States or Canada; (B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and (C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. (2)(A) The attestation referred to in section 1101(a)(15)(H)(i)(a) of this title is an attestation as to the following: (i) There would be a substantial disruption through no fault of the facility in the delivery of health care services of the facility without the services of such an alien or aliens. (ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. (iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. (iv) Either (I) the facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses, or (II) the facility is subject to an approved State plan for the recruitment and retention of nurses (described in paragraph (3)). (v) There is not a strike or lockout in the course of a labor dispute, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. (vi) At the time of the filing of the petition for registered nurses under section 1101(a)(15)(H)(i)(a) of this title, notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to registered nurses employed at the facility through posting in conspicuous locations. A facility is considered not to meet clause (i) (relating to an attestation of a substantial disruption in delivery of health care services) if the facility, within the previous year, laid off registered nurses. Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before Dec. 18, 1989. In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer's or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause. (B) For purposes of subparagraph (A)(iv)(I), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: (i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. (ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses. (iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. (iv) Providing adequate support services to free registered nurses from administrative and other nonnursing duties. (v) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv)(I). Nothing herein shall require a facility to take more than one step, if the facility can demonstrate that taking a second step is not reasonable. (C) Subject to subparagraph (E), an attestation under subparagraph (A) shall - (i) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and (ii) apply to petitions filed during such 1-year period if the facility states in each such petition that it continues to comply with the conditions in the attestation. (D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. (E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 1101(a)(15)(H)(i)(a) of this title and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. (ii) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. (iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. (iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least 1 year for nurses to be employed by the facility. (v) In addition to the sanctions provided under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. (3) The Secretary of Labor shall provide for a process under which a State may submit to the Secretary a plan for the recruitment and retention of United States citizens and immigrants who are authorized to perform nursing services as registered nurses in facilities in the State. Such a plan may include counseling and educating health workers and other individuals concerning the employment opportunities available to registered nurses. The Secretary shall provide, on an annual basis in consultation with the Secretary of Health and Human Services, for the approval or disapproval of such a plan, for purposes of paragraph (2)(A)(iv)(II). Such a plan may not be considered to be approved with respect to the facility unless the plan provides for the taking of significant steps described in paragraph (2)(A)(iv)(I) with respect to registered nurses in the facility. (4) The period of admission of an alien under section 1101(a)(15)(H)(i)(a) of this title shall be for an initial period of not to exceed 3 years, subject to an extension for a period or periods, not to exceed a total period of admission of 5 years (or a total period of admission of 6 years in the case of extraordinary circumstances, as determined by the Attorney General). (5) For purposes of this subsection and section 1101(a)(15)(H)(i)(a) of this title, the term 'facility' includes an employer who employs registered nurses in a home setting. (n) Labor condition application (1) No alien may be admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title in an occupational classification unless the employer has filed with the Secretary of Labor an application stating the following: (A) The employer - (i) is offering and will offer during the period of authorized employment to aliens and to other individuals employed in the occupational classification and in the area of employment wages that are at least - (I) the actual wage level for the occupational classification at the place of employment, or (II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, determined as of the time of filing the application, and (ii) will provide working conditions for such aliens that will not adversely affect the working conditions of workers similarly employed. (B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment. (C) The employer, at the time of filing the application - (i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or (ii) if there is no such bargaining representative, has posted notice of filing in conspicuous locations at the place of employment. (D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and accompanying documentation). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C. (2)(A) The Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner's misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred. (B) Under such process, the Secretary shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such a reasonable basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, within 60 days after the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary may consolidate the hearings under this subparagraph on such complaints. (C) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition (or a substantial failure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or misrepresentation of material fact in an application - (i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate, and (ii) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 1 year for aliens to be employed by the employer. (D) In addition to the sanctions provided under subparagraph (C), if the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1). -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 212, 66 Stat. 182; July 18, 1956, ch. 629, title III, Sec. 301 (a), 70 Stat. 575; July 7, 1958, Pub. L. 85-508, Sec. 23, 72 Stat. 351; Mar. 18, 1959, Pub. L. 86-3, Sec. 20(b), 73 Stat. 13; July 14, 1960, Pub. L. 86-648, Sec. 8, 74 Stat. 505; Sept. 21, 1961, Pub. L. 87-256, Sec. 109(c), 75 Stat. 535; Sept. 26, 1961, Pub. L. 87-301, Sec. 11-15, 75 Stat. 654, 655; Oct. 3, 1965, Pub. L. 89-236, Sec. 10, 15, 79 Stat. 917, 919; Apr. 7, 1970, Pub. L. 91-225, Sec. 2, 84 Stat. 116; Oct. 12, 1976, Pub. L. 94-484, title VI, Sec. 601(a), (c), (d), 90 Stat. 2300, 2301; Oct. 20, 1976, Pub. L. 94-571, Sec. 5, 7(d), 90 Stat. 2705, 2706; Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(q)(1), (2), 91 Stat. 394; Oct. 30, 1978, Pub. L. 95-549, title I, Sec. 101, 102, 92 Stat. 2065; Sept. 27, 1979, Pub. L. 96-70, title III, Sec. 3201(b), 93 Stat. 497; Mar. 17, 1980, Pub. L. 96-212, title II, Sec. 203(d), (f), 94 Stat. 107; Dec. 17, 1980, Pub. L. 96-538, title IV, Sec. 404, 94 Stat. 3192; Dec. 29, 1981, Pub. L. 97-116, Sec. 4, 5(a)(1), (2), (b), 18(e), 95 Stat. 1611, 1612, 1620; Aug. 24, 1982, Pub. L. 97-241, title III, Sec. 303(b), 96 Stat. 291; Oct. 5, 1984, Pub. L. 98-454, title VI, Sec. 602((a)), 98 Stat. 1737; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 220(a), 98 Stat. 2028; Aug. 27, 1986, Pub. L. 99-396, Sec. 14(a), 100 Stat. 842; Oct. 27, 1986, Pub. L. 99-570, title I, Sec. 1751(a), 100 Stat. 3207-47; Nov. 10, 1986, Pub. L. 99-639, Sec. 6(a), 100 Stat. 3543; Nov. 14, 1986, Pub. L. 99-653, Sec. 7(a), 100 Stat. 3657; Dec. 22, 1987, Pub. L. 100-204, title VIII, Sec. 806(c), 101 Stat. 1399; Oct. 24, 1988, Pub. L. 100-525, Sec. 3(1)(A), 7(c)(1), (3), 8(f), 9(i), 102 Stat. 2614, 2616, 2617, 2620; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7349(a), 102 Stat. 4473; Dec. 18, 1989, Pub. L. 101-238, Sec. 3(b), 103 Stat. 2100; Feb. 16, 1990, Pub. L. 101-246, title I, Sec. 131(a), (c), 104 Stat. 31; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 162(e)(1), (f)(2)(B), title II, Sec. 202(b), 205(c)(3), title V, Sec. 511(a), 514(a), title VI, Sec. 601(a), (b), (d), 104 Stat. 5011, 5012, 5014, 5020, 5052, 5053, 5067, 5075.) -STATAMEND- AMENDMENT OF SECTION Pub. L. 101-649, title I, Sec. 161, 162(e)(1), Nov. 29, 1990, 104 Stat. 5008, 5011, provided that, effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition provisions and admissibility standards, subsection (a)(5) of this section is amended in subpar. (A), by striking 'Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor' and inserting 'Any alien who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title, in subpar. (B), by inserting 'who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title' after 'An alien' the first place it appears, and by striking subpar. (C). For termination of amendment by section 3(d) of Pub. L. 101-238, see Effective and Termination Dates of 1989 Amendment note below. -REFTEXT- REFERENCES IN TEXT Pars. (3), (6), and (7) of section 1153(a) of this title, referred to in subsec. (a)(5)(C), refer to section 1153(a) of this title as in existence prior to the effective date of repeal by section 111(2) of Pub. L. 101-649. The effective date of this subsection, referred to in subsec. (j)(2), is ninety days after Oct. 12, 1976. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-649, Sec. 601(a), amended subsec. (a) generally, decreasing number of classes of excludable aliens from 34 to 9 by broadening descriptions of such classes. Pub. L. 101-649, Sec. 514(a), in par. (17) substituted '20 years' for '10 years' which was in the original 'ten years'. Pub. L. 101-246, Sec. 131(a), added par. (34) which read as follows: 'Any alien who has committed in the United States any serious criminal offense, as defined in section 1101(h) of this title, for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense.' Subsec. (b). Pub. L. 101-649, Sec. 601(b), added subsec. (b) and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(25). Subsec. (c). Pub. L. 101-649, Sec. 601(d)(1), substituted 'subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))' for 'paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a) of this section'. Pub. L. 101-649, Sec. 511(a), inserted at end 'The first sentence of this subsection shall not apply to an alien who has been convicted of an aggravated felony and has served a term of imprisonment of at least 5 years.' Subsec. (d)(1), (2). Pub. L. 101-649, Sec. 601(d)(2)(A), struck out pars. (1) and (2) which related to applicability of subsec. (a)(11), (25), and (28). Subsec. (d)(3). Pub. L. 101-649, Sec. 601(d)(2)(B), substituted 'under subsection (a) of this section (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)' for 'under one or more of the paragraphs enumerated in subsection (a) of this section (other than paragraphs (27), (29), and (33))' wherever appearing, and inserted at end 'The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph.' Subsec. (d)(4). Pub. L. 101-649, Sec. 601(d)(2)(C), substituted '(7)(B)(i)' for '(26)'. Subsec. (d)(5)(A). Pub. L. 101-649, Sec. 202(b), inserted 'or in section 1184(f) of this title' after 'except as provided in subparagraph (B)'. Subsec. (d)(6). Pub. L. 101-649, Sec. 601(d)(2)(A), struck out par. (6) which directed that Attorney General prescribe conditions to control excludable aliens applying for temporary admission. Subsec. (d)(7). Pub. L. 101-649, Sec. 601(d)(2)(D), substituted '(other than paragraph (7))' for 'of this section, except paragraphs (20), (21), and (26),'. Subsec. (d)(8). Pub. L. 101-649, Sec. 601(d)(2)(E), substituted '(3)(A), (3)(B), (3)(C), and (7)(B)' for '(26), (27), and (29)'. Subsec. (d)(9), (10). Pub. L. 101-649, Sec. 601(d)(2)(A), struck out pars. (9) and (10) which related to applicability of pars. (7) and (15), respectively, of subsec. (a). Subsec. (d)(11). Pub. L. 101-649, Sec. 601(d)(2)(F), added par. (11). Subsec. (g). Pub. L. 101-649, Sec. 601(d)(3), amended subsec. (g) generally, substituting provisions relating to waiver of application for provisions relating to admission of mentally retarded, tubercular, and mentally ill aliens. Subsec. (h). Pub. L. 101-649, Sec. 601(d)(4), amended subsec. (h) generally, substituting provisions relating to waiver of certain subsec. (a)(2) provisions for provisions relating to nonapplicability of subsec. (a)(9), (10), (12), (23), and (34). Pub. L. 101-246, Sec. 131(c), substituted '(12), or (34)' for 'or (12)'. Subsec. (i). Pub. L. 101-649, Sec. 601(d)(5), amended subsec. (i) generally, substituting provisions relating to waiver of subsec. (a)(6)(C)(i) of this section for provisions relating to admission of alien spouse, parent or child excludable for fraud. Subsec. (k). Pub. L. 101-649, Sec. 601(d)(6), substituted 'paragraph (5)(A) or (7)(A)(i)' for 'paragraph (14), (20), or (21)'. Subsec. (l). Pub. L. 101-649, Sec. 601(d)(7), substituted 'paragraph (7)(B)(i)' for 'paragraph (26)(B)'. Subsec. (m)(2)(A). Pub. L. 101-649, Sec. 162(f)(2)(B), in opening provision, struck out ', with respect to a facility for which an alien will perform services,' before 'is an attestation, in cl. (iii) inserted 'employed by the facility' after 'The alien', and inserted at end 'In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer's or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause.' Subsec. (n). Pub. L. 101-649, Sec. 205(c)(3), added subsec. (n). 1989 - Subsec. (m). Pub. L. 101-238 temporarily added subsec. (m). See Effective and Termination Dates of 1989 Amendment note below. 1988 - Subsec. (a)(17). Pub. L. 100-690 inserted '(or within ten years in the case of an alien convicted of an aggravated felony)' after 'within five years'. Subsec. (a)(19). Pub. L. 100-525, Sec. 7(c)(1), made technical correction to directory language of Pub. L. 99-639, Sec. 6(a). See 1986 Amendment note below. Subsec. (a)(32). Pub. L. 100-525, Sec. 9(i)(1), substituted 'Secretary of Education' for 'Commissioner of Education' and 'Secretary of Health and Human Services' for 'Secretary of Health, Education, and Welfare'. Subsec. (d)(4). Pub. L. 100-525, Sec. 8(f), added Pub. L. 99-653, Sec. 7(d)(2). See 1986 Amendment note below. Subsec. (e). Pub. L. 100-525, Sec. 9(i)(2), substituted 'Director of the United States Information Agency' for 'Secretary of State' the first place appearing, and 'Director' for 'Secretary of State' each subsequent place appearing. Subsec. (g). Pub. L. 100-525, Sec. 9(i)(3), substituted 'Secretary of Health and Human Services' for 'Surgeon General of the United States Public Health Service' wherever appearing. Subsec. (h). Pub. L. 100-525, Sec. 9(i)(4), substituted 'paragraph (9)' for 'paragraphs (9)'. Subsec. (i). Pub. L. 100-525, Sec. 7(c)(3), added Pub. L. 99-639, Sec. 6(b). See 1986 Amendment note below. Subsec. (l). Pub. L. 100-525, Sec. 3(1)(A), made technical correction to Pub. L. 99-396, Sec. 14(a). See 1986 Amendment note below. 1987 - Subsec. (a)(23). Pub. L. 100-204 amended par. (23) generally. Prior to amendment, par. (23) read as follows: 'Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21); or any alien who the consular officer or immigration officer know or have reason to believe is or has been an illicit trafficker in any such controlled substance;'. 1986 - Subsec. (a)(19). Pub. L. 99-639, Sec. 6(a), as amended by Pub. L. 100-525, Sec. 7(c)(1), amended par. (19) generally. Prior to amendment, par. (19) read as follows: 'Any alien who seeks to procure, or has sought to procure, or has procured a visa or other documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a material fact;'. Subsec. (a)(23). Pub. L. 99-570 substituted 'any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21)' for 'any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative, or preparation of opium or coca leaves, or insonipecaine or any addiction-forming or addiction-sustaining opiate' and 'any such controlled substance' for 'any of the aforementioned drugs'. Subsec. (a)(24). Pub. L. 99-653 struck out par. (24) which related to aliens seeking admission from foreign contiguous territory or adjacent islands who arrived there on vessel or aircraft of nonsignatory line or noncomplying transportation line and have not resided there at least two years subsequent to such arrival, except for aliens described in section 1101(a)(27)(A) of this title and aliens born in Western Hemisphere, and further provided that no paragraph following par. (24) shall be redesignated as result of this amendment. Subsec. (d)(4). Pub. L. 99-653, Sec. 7(d)(2), as added by Pub. L. 100-525, Sec. 8(f), substituted 'section 1228(c) of this title' for 'section 1228(d) of this title'. Subsec. (i). Pub. L. 99-639, Sec. 6(b), as added by Pub. L. 100-525, Sec. 7(c)(3), inserted 'or other benefit under this chapter' after 'United States,'. Subsec. (l). Pub. L. 99-396, Sec. 14(a), as amended by Pub. L. 100-525, Sec. 3(1)(A), amended subsec. (l) generally, designating existing provisions as par. (1) and redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, inserting in par. (1) as so designated reference to consultation with the Governor of Guam, inserting in subpar. (B) as so redesignated reference to the welfare, safety, and security of the territories and commonwealths of the United States, and adding pars. (2) and (3). 1984 - Subsec. (a)(9). Pub. L. 98-473 amended last sentence generally. Prior to amendment, last sentence read as follows: 'Any alien who would be excludable because of a conviction of a misdemeanor classifiable as a petty offense under the provisions of section 1(3) of title 18, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, by reason of the punishment which might have been imposed upon him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense;'. Subsec. (l). Pub. L. 98-454 added subsec. (l). 1981 - Subsec. (a)(17). Pub. L. 97-116, Sec. 4(1), inserted 'and who seek admission within five years of the date of such deportation or removal,' after 'section 1252(b) of this title,'. Subsec. (a)(32). Pub. L. 97-116, Sec. 5(a)(1), 18(e)(1), substituted 'in the United States)' for 'in the United States' and inserted provision that for purposes of this paragraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date. Subsec. (d)(6). Pub. L. 97-116, Sec. 4(2), struck out provision that the Attorney General make a detailed report to Congress in any case in which he exercises his authority under par. (3) of this subsection on behalf of any alien excludable under subsec. (a)(9), (10), and (28) of this section. Subsec. (h). Pub. L. 97-116, Sec. 4(3), substituted 'paragraphs (9), (10), or (12) of subsection (a) of this section or paragraph (23) of such subsection as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana' for 'paragraphs (9), (10), or (12) of subsection (a) of this section'. Subsec. (j)(1). Pub. L. 97-116, Sec. 5(b)(1), inserted 'as follows' after 'training are'. Subsec. (j)(1)(A). Pub. L. 97-116, Sec. 5(b)(3), (4), substituted 'Secretary of Education' for 'Commissioner of Education' and a period for the semicolon at the end. Subsec. (j)(1)(B). Pub. L. 97-116, Sec. 5(a)(2), (b)(3), (7)(A), (B), substituted 'Secretary of Education' for 'Commissioner of Education', '(ii)(I)' for '(ii)', and 'Secretary of Health and Human Services' for 'Secretary of Health, Education, and Welfare'; inserted '(II)' before 'has competency', '(III)' before 'will be able to adapt', and '(IV)' before 'has adequate prior education'; and inserted provision that for purposes of this subparagraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date. Subsec. (j)(1)(C). Pub. L. 97-116, Sec. 5(b)(2)-(4), struck out '(including any extension of the duration thereof under subparagraph (D))' after 'to the United States' and substituted 'Secretary of Health and Human Services' for 'Secretary of Health, Education, and Welfare' and a period for '; and' at end. Subsec. (j)(1)(D). Pub. L. 97-116, Sec. 5(b)(5), substituted provision permitting aliens coming to the United States to study in medical residency training programs to remain until the typical completion date of the program, as determined by the Director of the International Communication Agency at the time of the alien's entry, based on criteria established in coordination with the Secretary of Health and Human Services, except that such duration be limited to seven years unless the alien demonstrates to the satisfaction of the Director that the country to which the alien will return after such specialty education has exceptional need for an individual trained in such specialty, and that the alien may change enrollment in programs once within two years after coming to the United States if approval of the Director is obtained and further commitments are obtained from the alien to assure that, upon completion of the program, the alien would return to his country for provision limiting the duration of the alien's participation in the program for which he is coming to the United States to not more than 2 years, with a possible one year extension. Subsec. (j)(1)(E). Pub. L. 97-116, Sec. 5(b)(6), added subpar. (E). Subsec. (j)(2)(A). Pub. L. 97-116, Sec. 5(b)(7)(C)-(F), substituted 'and (B)(ii)(I)' for 'and (B)' and '1983' for '1981'; inserted '(i) the Secretary of Health and Human Services determines, on a case-by-case basis, that' after 'if'; and added cl. (ii). Subsec. (j)(2)(B). Pub. L. 97-116, Sec. 5(b)(7)(G), inserted provision directing Secretary of Health and Human Services, in coordination with Attorney General and Director of the International Communication Agency, to monitor the issuance of waivers under subpar. (A) and the needs of the communities, with respect to which such waivers are issued, to assure that quality medical care is provided and to review each program with such a waiver to assure that the plan described in subpar. (A)(ii) is being carried out and that the participants in such program are being provided appropriate supervision in their medical education and training. Subsec. (j)(2)(C). Pub. L. 97-116, Sec. 5(b)(7)(G), added subpar. (C). Subsec. (j)(3). Pub. L. 97-116, Sec. 5(b)(8), added par. (3). Subsec. (k). Pub. L. 97-116, Sec. 18(e)(2), added subsec. (k). 1980 - Subsec. (a)(14), (32). Pub. L. 96-212, Sec. 203(d), substituted '1153(a)(7)' for '1153(a)(8)'. Subsec. (d)(5). Pub. L. 96-212, Sec. 203(f), redesignated existing provisions as subpar. (A), inserted provision excepting subpar. (B), and added subpar. (B). Subsec. (j)(2)(A). Pub. L. 96-538 substituted 'December 30, 1981' for 'December 30, 1980'. 1979 - Subsec. (d)(9), (10). Pub. L. 96-70 added pars. (9) and (10). 1978 - Subsec. (a)(33). Pub. L. 95-549, Sec. 101, added par. (33). Subsec. (d)(3). Pub. L. 95-549, Sec. 102, inserted reference to par. (33) in parenthetical text. 1977 - Subsec. (a)(32). Pub. L. 95-83, Sec. 307(q)(1), inserted 'not accredited by a body or bodies approved for the purpose by the Commissioner of Education (regardless of whether such school of medicine is in the United States' after 'graduates of a medical school' in first sentence and struck out second sentence exclusion of aliens provision with respect to application to special immigrants defined in section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of the United States citizens or of aliens lawfully admitted for permanent residence). Subsec. (j)(1)(B). Pub. L. 95-83, Sec. 307(q)(2)(A), inserted cl. (i) and designated existing provisions as cl. (ii). Subsec. (j)(1)(C). Pub. L. 95-83, Sec. 307(q)(2)(B), substituted 'that there is a need in that country for persons with the skills the alien will acquire in such education or training' for 'that upon such completion and return, he will be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country'. Subsec. (j)(1)(D). Pub. L. 95-83, Sec. 307(q)(2)(C), substituted 'at the written request' for 'at the request', struck out cl. '(i) such government provides a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, that the alien will, at the end of such extension, be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country,', and redesignated as cls. (i) and (ii) former cls. (ii) and (iii). Subsec. (j)(2)(A). Pub. L. 95-83, Sec. 307(q)(2)(D), substituted '(A) and (B)' for '(A) through (D)'. 1976 - Subsec. (a)(14). Pub. L. 94-571, Sec. 5, in revising par. (14), inserted in cl. (A) '(or equally qualified in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the arts)' and struck out 'in the United States' after 'sufficient workers' and 'destined' before 'to perform' and introductory provision of last sentence making exclusion of aliens under par. (14) applicable to special immigrants defined in former provision of section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence). Subsec. (a)(24). Pub. L. 94-571, Sec. 7(d), substituted in parenthetical text 'section 1101(a)(27)(A) of this title and aliens born in the Western Hemisphere' for 'section 1101(a)(27)(A) and (B) of this title'. Subsec. (a)(32). Pub. L. 94-484, Sec. 601(a), added par. (32). Subsec. (e). Pub. L. 94-484, Sec. 601(c), substituted '(i) whose' for 'whose (i)', and 'residence, (ii)' for 'residence, or (ii)', inserted 'or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training,' before 'shall be eligible', and inserted ', except in the case of an alien described in clause (iii),' in second proviso. Subsec. (j). Pub. L. 94-484, Sec. 601(d), added subsec. (j). 1970 - Subsec. (e). Pub. L. 91-225 inserted cls. (i) and (ii) and reference to eligibility for nonimmigrant visa under section 1101(a)(15)(L) of this title, provided for waiver of requirement of two-year foreign residence abroad where alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion or where the foreign country of alien's nationality or last residence has furnished a written statement that it has no objection to such waiver for such alien, and struck out alternative provision for residence and physical presence in another foreign country and former first and final provisos which read as follows: 'Provided, That such residence in another foreign country shall be considered to have satisfied the requirements of this subsection if the Secretary of State determines that it has served the purpose and the intent of the Mutual Educational and Cultural Exchange Act of 1961' and 'And provided further, That the provisions of this subchapter shall apply also to those persons who acquired exchange visitor status under the United States Information and Educational Exchange Act of 1948, as amended.' 1965 - Subsec. (a)(1). Pub. L. 89-236, Sec. 15(a), substituted 'mentally retarded' for 'feebleminded'. Subsec. (a)(4). Pub. L. 89-236, Sec. 15(b), substituted 'or sexual deviation' for 'epilepsy'. Subsec. (a)(14). Pub. L. 89-236, Sec. 10(a), inserted requirement that Secretary of Labor make an affirmative finding that any alien seeking to enter the United States as a worker, skilled or otherwise, will not replace a worker in the United States nor will the employment of the alien adversely affect the wages and working conditions of individuals in the United States similarly employed, and made the requirement applicable to special immigrants (other than the parents, spouses, and minor children of U.S. citizens or permanent resident aliens), preference immigrants described in sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference immigrants. Subsec. (a)(20). Pub. L. 89-236, Sec. 10(b), substituted '1181(a)' for '1181(e)'. Subsec. (a)(21). Pub. L. 89-236, Sec. 10(c), struck out 'quota' before 'immigrant'. Subsec. (a)(24). Pub. L. 89-236, Sec. 10(d), substituted 'other than aliens described in section 1101(a)(27)(A) and (B)' for 'other than those aliens who are nativeborn citizens of countries enumerated in section 1101(a)(27) of this title and aliens described in section 1101(a)(27)(B) of this title'. Subsec. (g). Pub. L. 89-236, Sec. 15(c), redesignated subsec. (f) of sec. 212 of the Immigration and Nationality Act as subsec. (g) thereof, which for purposes of codification had already been designated as subsec. (g) of this section and granted the Attorney General authority to admit any alien who is the spouse, unmarried son or daughter, minor adopted child, or parent of a citizen or lawful permanent resident and who is mentally retarded or has a past history of mental illness under the same conditions as authorized in the case of such close relatives afflicted with tuberculosis. Subsecs. (h), (i). Pub. L. 89-236, Sec. 15(c), redesignated subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality Act as subsecs. (h) and (i) respectively thereof, which for purposes of codification had already been designated as subsecs. (h) and (i) of this section. 1961 - Subsec. (a)(6). Pub. L. 87-301, Sec. 11, struck out references to tuberculosis and leprosy. Subsec. (a)(9). Pub. L. 87-301, Sec. 13, authorized admission of aliens who would be excluded because of conviction of a violation classifiable as an offense under section 1(3) of title 18, by reason of punishment actually imposed, or who admit commission of an offense classifiable as a misdemeanor under section 1(2) of title 18, by reason of punishment which might have been imposed, if otherwise admissible and provided the alien has committed, or admits to commission of, only one such offense. Subsecs. (e), (f). Pub. L. 87-256 added subsec. (e) and redesignated former subsec. (e) as (f). Subsecs. (g) to (i). Pub. L. 87-301, Sec. 12, 14, 15, added subsecs. (f) to (h), which for purposes of codification have been designated as subsecs. (g) to (i). 1960 - Subsec. (a). Pub. L. 86-648 inserted 'or marihuana' after 'narcotic drugs' in cl. (23). 1959 - Subsec. (d). Pub. L. 86-3 struck out provisions from cl. (7) which related to aliens who left Hawaii and to persons who were admitted to Hawaii under section 8(a)(1) of the act of March 24, 1934, or as nationals of the United States. 1958 - Subsec. (d)(7). Pub. L. 85-508 struck out provisions which related to aliens who left Alaska. 1956 - Subsec. (a)(23). Act July 18, 1956, included conspiracy to violate a narcotic law, and the illicit possession of narcotics, as additional grounds for exclusion. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 162(e)(1) of Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition provisions and admissibility standards, see section 161(a), (c), (d) of Pub. L. 101-649, set out as a note under section 1101 of this title. Amendment by section 162(f)(2)(B) of Pub. L. 101-649 applicable as though included in the enactment of Pub. L. 101-238, see section 162(f)(3) of Pub. L. 101-649, set out as a note under section 1101 of this title. Section 202(c) of Pub. L. 101-649 provided that: 'The amendments made by this section (amending this section and section 1184 of this title) shall take effect 60 days after the date of the enactment of this Act (Nov. 29, 1990).' Amendment by section 205(c)(3) of Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L. 101-649, set out as a note under section 1101 of this title. Section 511(b) of Pub. L. 101-649 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to admissions occurring after the date of the enactment of this Act (Nov. 29, 1990).' Section 514(b) of Pub. L. 101-649 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to admissions occurring on or after January 1, 1991.' Amendment by section 601(a), (b), and (d) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENT Section 3(d) of Pub. L. 101-238 provided that: 'The amendments made by the previous provisions of this section (amending this section and section 1101 of this title) shall apply to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after the date of the enactment of this Act (Dec. 18, 1989).' EFFECTIVE DATE OF 1988 AMENDMENTS Section 7349(b) of Pub. L. 100-690 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to any alien convicted of an aggravated felony who seeks admission to the United States on or after the date of the enactment of this Act (Nov. 18, 1988).' Section 3 of Pub. L. 100-525 provided that the amendment made by that section is effective as if included in the enactment of Pub. L. 99-396. Section 7(d) of Pub. L. 100-525 provided that: 'The amendments made by this section (amending this section, sections 1186a and 1255 of this title, and provisions set out as a note below) shall be effective as if they were included in the enactment of the Immigration Marriage Fraud Amendments of 1986 (Pub. L. 99-639).' EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99-653, set out as a note under section 1101 of this title. Section 6(c), formerly 6(b), of Pub. L. 99-639, as redesignated and amended by Pub. L. 100-525, Sec. 7(c)(2), Oct. 24, 1988, 102 Stat. 2616, provided that: 'The amendment made by this section (amending this section) shall apply to the receipt of visas by, and the admission of, aliens occurring after the date of the enactment of this Act (Nov. 10, 1986) based on fraud or misrepresentations occurring before, on, or after such date.' Section 1751(c) of Pub. L. 99-570 provided that: 'The amendments made by the (sic) subsections (a) and (b) of this section (amending this section and section 1251 of this title) shall apply to convictions occurring before, on, or after the date of the enactment of this section (Oct. 27, 1986), and the amendments made by subsection (a) (amending this section) shall apply to aliens entering the United States after the date of the enactment of this section.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1981 AMENDMENT Section 5(c) of Pub. L. 97-116 provided that: 'The amendments made by paragraphs (2), (5), and (6) of subsection (b) (striking out 'including any extension of the duration thereof under subparagraph (D)' in subsec. (j)(1)(C) of this section, amending subsec. (j)(1)(D) of this section, and enacting subsec. (j)(1)(E) of this section) shall apply to aliens entering the United States as exchange visitors (or otherwise acquiring exchange visitor status) on or after January 10, 1978.' Amendment by Pub. L. 97-116 effective Dec. 29, 1981, except as provided by section 5(c) of Pub. L. 97-116, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 203(d) of Pub. L. 96-212 effective, except as otherwise provided, Apr. 1, 1980, and amendment by section 203(f) of Pub. L. 96-212 applicable, except as otherwise provided, to aliens paroled into the United States on or after the sixtieth day after Mar. 17, 1980, see section 204 of Pub. L. 96-212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Sept. 27, 1979, see section 3201(d)(1) of Pub. L. 96-70, set out as a note under section 1101 of this title. Section 3201(d)(2) of Pub. L. 96-70 provided that: 'Paragraph (9) of section 212(d) of the Immigration and Nationality Act (subsec. (d)(9) of this section), as added by subsection (b) of this section, shall cease to be effective at the end of the transition period (midnight Mar. 31, 1982, see section 3831 of Title 22, Foreign Relations and Intercourse).' EFFECTIVE DATE OF 1976 AMENDMENTS Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571, set out as a note under section 1101 of this title. Amendment by section 601(d) of Pub. L. 94-484 applicable only on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L. 94-484, see section 602(d) of Pub. L. 94-484, as added by section 307(q)(3) of Pub. L. 95-83, set out as an Effective Date of 1977 Amendment note under section 1101 of this title. Section 601(f) of Pub. L. 94-484 provided that: 'The amendments made by this section (amending this section and section 1101 of this title) shall take effect ninety days after the date of enactment of this section (Oct. 12, 1976).' EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236 see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956. -TRANS- TRANSFER OF FUNCTIONS 'Director of the United States Information Agency' substituted for 'Director of the International Communication Agency' in subsec. (j)(1)(D), (2)(B), (C), (3), pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse. -MISC5- CHANGES IN LABOR CERTIFICATION PROCESS Section 122 of Pub. L. 101-649 provided that: '(a) Labor Market Information Pilot Program for Employment-Based Immigrants. - (1) The Secretary of Labor shall establish a pilot program which provides for a determination, in accordance with section 553 of title 5, United States Code, of labor shortages or surpluses in up to 10 defined occupational classifications in the United States. In making such determinations, the Secretary shall consider certifications approved under section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) and labor market and other information. '(2)(A) If under the pilot program there is a determination that there is a labor shortage with respect to an occupational classification, a certification under section 212(a)(5)(A) of the Immigration and Nationality Act for petitions for that occupational classification shall be deemed to have been issued. '(B) If under the pilot program there is a determination that there is a labor surplus with respect to an occupational classification, the Secretary of Labor may nonetheless make a certification under section 212(a)(5)(A) of the Immigration and Nationality Act with regard to a specific job opportunity in the occupational classification if the employer submits evidence, based on extensive recruitment efforts (including such efforts as the Secretary may require), demonstrating that the employer meets all the requirements for certification under such section. '(3) The pilot program under this subsection shall only be effective for applications for certifications filed during the 3-fiscal-year period beginning with fiscal year 1992. '(4) By not later than April 1, 1994, the Secretary of Labor shall report to the Committees on Education and Labor and Judiciary of the House of Representatives and the Committees on Labor and Human Resources and the Judiciary of the Senate on the operation of the pilot program under this subsection and whether the program should be extended and the number of defined occupational classifications permitted under the program if it is extended. '(b) Notice in Labor Certifications. - The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)), that - '(1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or (B) if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and '(2) any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employer's failure to meet terms and conditions with respect to the employment of alien workers and co-workers).' REVIEW OF EXCLUSION LISTS Section 601(c) of Pub. L. 101-649 provided that: 'The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien - '(1) whose name is in such system, and '(2) who either (A) applies for entry after the effective date of the amendments made by this section (see Effective Date of 1990 Amendment note above), or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien's continued excludability under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), if the alien is no longer excludable because of an amendment made by this section the alien's name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be excludable the alien shall be informed of such determination.' IMPLEMENTATION OF REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES DURING 5-YEAR PERIOD Section 3(c) of Pub. L. 101-238 provided that: 'The Secretary of Labor (in consultation with the Secretary of Health and Human Services) shall - '(1) first publish final regulations to carry out section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) (as added by this section) not later than the first day of the 8th month beginning after the date of the enactment of this Act (Dec. 18, 1989); and '(2) provide for the appointment (by January 1, 1991) of an advisory group, including representatives of the Secretary, the Secretary of Health and Human Services, the Attorney General, hospitals, and labor organizations representing registered nurses, to advise the Secretary - '(A) concerning the impact of this section on the nursing shortage, '(B) on programs that medical institutions may implement to recruit and retain registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, '(C) on the formulation of State recruitment and retention plans under section 212(m)(3) of the Immigration and Nationality Act, and '(D) on the advisability of extending the amendments made by this section (amending sections 1101 and 1182 of this title) beyond the 5-year period described in subsection (d) (set out above).' PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN GROUNDS Section 901 of Pub. L. 100-204, as amended by Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 101-246, title I, Sec. 128, Feb. 16, 1990, 104 Stat. 30, which provided that no nonimmigrant alien was to be denied a visa or excluded from admission into the United States, or subject to deportation because of any past, current or expected beliefs, statements or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States, and which provided construction regarding excludable aliens and standing to sue, was repealed by Pub. L. 101-649, title VI, Sec. 603(a)(21), Nov. 29, 1990, 104 Stat. 5084. REGULATIONS GOVERNING ADMISSION, DETENTION, AND TRAVEL OF NONIMMIGRANT ALIENS IN GUAM PURSUANT TO VISA WAIVERS Section 14(b) of Pub. L. 99-396, as amended by Pub. L. 100-525, Sec. 3(1)(B), Oct. 24, 1988, 102 Stat. 2614, required Attorney General to issue, within 90 days after Aug. 27, 1986, regulations governing the admission, detention, and travel of nonimmigrant aliens pursuant to the visa waiver authorized by the amendment made by section 14(a) of Pub. L. 99-396, was repealed by Pub. L. 101-649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat. 5084. ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF PROVISIONS AUTHORIZING WAIVER OF CERTAIN REQUIREMENTS FOR NONIMMIGRANT VISITORS TO GUAM Section 14(c) of Pub. L. 99-396, as amended by Pub. L. 100-525, Sec. 3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, required Attorney General to submit a report each year on implementation of 8 U.S.C. 1182(l) to Committees on the Judiciary and Interior and Insular Affairs of House of Representatives and Committees on the Judiciary and Energy and Natural Resources of Senate, was repealed by Pub. L. 101-649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat. 5084. SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERS Pub. L. 99-93, title I, Sec. 132, Aug. 16, 1985, 99 Stat. 420, provided that: '(a) Reporting Systems. - In order to ensure that foreign narcotics traffickers are denied visas to enter the United States, as required by section 212(a)(23) of the Immigration and Naturalization Act (22 (8) U.S.C. 1182(a)(23)) - '(1) the Department of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the United States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States, so that that information may be communicated to the appropriate United States embassies; and '(2) the National Drug Enforcement Policy Board shall agree on uniform guidelines which would permit the sharing of information on foreign drug traffickers. '(b) Report. - Not later than six months after the date of the enactment of this Act (Aug. 16, 1985), the Chairman of the National Drug Enforcement Policy Board shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps taken to implement this section.' ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN ISLANDS TO PERMANENT RESIDENT ALIEN STATUS Upon application during the one-year period beginning Sept. 30, 1982, by a nonimmigrant alien worker or the spouse or minor child of such worker who has resided continuously in the Virgin Islands since June 30, 1975, the Attorney General may adjust the status of such nonimmigrant alien to that of an alien lawfully admitted for permanent residence, provided among other conditions, that the alien is otherwise admissible to the United States for permanent residence, except for the grounds of exclusion specified in subsec. (a)(14), (20), (21), (25), (32) of this section, and such alien is not to be deported for failure to maintain nonimmigrant status until final action is taken on the alien's application for adjustment, see section 2(a), (b) of Pub. L. 97-271, set out as a note under section 1255 of this title. REFUGEES FROM DEMOCRATIC KAMPUCHEA (CAMBODIA); TEMPORARY PAROLE INTO UNITED STATES FOR FISCAL YEARS 1979 AND 1980 Pub. L. 95-431, title VI, Sec. 605, Oct. 10, 1978, 92 Stat. 1045, provided that: 'It is the sense of the Congress that - '(1) the Government of the United States should give special consideration to the plight of refugees from Democratic Kampuchea (Cambodia) in view of the magnitude and severity of the violations of human rights committed by the Government of Democratic Kampuchea (Cambodia); and '(2) the Attorney General should exercise his authority under section 212(d)(5) of the Immigration and Nationality Act (subsec. (d)(5) of this section) to parole into the United States - '(A) for the fiscal year 1979, 7,500 aliens who are nationals or citizens of Democratic Kampuchea (Cambodia) and who are applying for admission to the United States; and '(B) for the fiscal year 1980, 7,500 such aliens.' RETROACTIVE ADJUSTMENT OF REFUGEE STATUS Pub. L. 95-412, Sec. 5, Oct. 5, 1978, 92 Stat. 909, as amended by Pub. L. 96-212, title II, Sec. 203(g), Mar. 17, 1980, 94 Stat. 108, provided that: 'Notwithstanding any other provision of law, any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act (subsec. (d)(5) of this section) before April 1, 1980, shall have his status adjusted pursuant to the provisions of section 203(g) and (h) of that Act (section 1153(g) and (h) of this title).' REPORT BY ATTORNEY GENERAL TO CONGRESSIONAL COMMITTEES ON ADMISSION OF CERTAIN EXCLUDABLE ALIENS Pub. L. 95-370, title IV, Sec. 401, Sept. 17, 1978, 92 Stat. 627, required the Attorney General, by October 30, 1979, to report to specific congressional committees on certain cases of the admission to the United States of aliens that may have been excludable under section 1182(a)(27) to (29) of this title. NATIONAL BOARD OF MEDICAL EXAMINERS EXAMINATION Section 602(a), (b) of Pub. L. 94-484, as added Pub. L. 95-83, title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, eff. Jan. 10, 1977, which provided that an alien who is a graduate of a medical school would be considered to have passed parts I and II of the National Board of Medical Examiners Examination if the alien was on January 9, 1977, a doctor of medicine fully and permanently licensed to practice medicine in a State, held on that date a valid specialty certificate issued by a constituent board of the American Board of Medical Specialties, and was on that date practicing medicine in a State, was repealed by Pub. L. 97-116, Sec. 5(a)(3), Dec. 29, 1981, 95 Stat. 1612. See subsecs. (a)(32) and (j)(1)(B) of this section. LABOR CERTIFICATION FOR GRADUATES OF FOREIGN MEDICAL SCHOOLS; DEVELOPMENT OF DATA BY SECRETARY OF HEALTH, EDUCATION, AND WELFARE NOT LATER THAN OCT. 12, 1977 Section 906 of Pub. L. 94-484 provided that: '(a) The Secretary of Health, Education, and Welfare shall (not later than one year after the date of the enactment of this Act) (Oct. 12, 1976) develop sufficient data to enable the Secretary of Labor to make equitable determinations with regard to applications for labor certification by graduates of foreign medical schools. '(b) The data required under subsection (a) shall include the number of physicians (by specialty and by percent of population) in a geographic area necessary to provide adequate medical care, including such care in hospitals, nursing homes, and other health care institutions, in such area. '(c) The Secretary of Health, Education, and Welfare, shall develop such data after consultation with such medical or other associations as may be necessary.' RESETTLEMENT OF REFUGEE-ESCAPEE; REPORTS; FORMULA; TERMINATION DATE; PERSONS DIFFICULT TO RESETTLE; CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCE Pub. L. 86-648, Sec. 1-4, 11, July 14, 1960, 74 Stat. 504, 505, as amended by Pub. L. 87-510, Sec. 6, June 28, 1962, 76 Stat. 124; Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919, provided: '(Section 1. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919.) '(Sec. 2. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919.) 'Sec. 3. Any alien who was paroled into the United States as a refugee-escapee, pursuant to section 1 of the Act, whose parole has not theretofore been terminated by the Attorney General pursuant to such regulations as he may prescribe under the authority of section 212(d)(5) of the Immigration and Nationality Act (subsec. (d)(5) of this section); and who has been in the United States for at least two years, and who has not acquired permanent residence, shall forthwith return or be returned to the custody of the Immigration and Naturalization Service and shall thereupon be inspected and examined for admission into the United States, and his case dealt with in accordance with the provisions of sections 235, 236, and 237 of the Immigration and Nationality Act (sections 1225, 1226 and 1227 of this title). 'Sec. 4. Any alien who, pursuant to section 3 of this Act, is found, upon inspection by the immigration officer or after hearing before a special inquiry officer, to be admissible as an immigrant under the Immigration and Nationality Act (this chapter) at the time of his inspection and examination, except for the fact that he was not and is not in possession of the documents required by section 212(a)(20) of the said Act (subsec. (a)(20) of this section), shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival. * * * * * '(Sec. 11. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919.)' CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN HUNGARIAN REFUGEES Pub. L. 85-559, July 25, 1958, 72 Stat. 419, provided: 'That any alien who was paroled into the United States as a refugee from the Hungarian revolution under section 212(d)(5) of the Immigration and Nationality Act (subsection (d)(5) of this section) subsequent to October 23, 1956, who has been in the United States for at least two years, and who has not acquired permanent residence, shall forthwith return or be returned to the custody of the Immigration and Naturalization Service, and shall thereupon be inspected and examined for admission into the United States, and his case dealt with, in accordance with the provisions of sections 235, 236 and 237 of that Act (sections 1225, 1226 and 1227 of this title). 'Sec. 2. Any such alien who, pursuant to section 1 of this Act, is found, upon inspection by an immigration officer or after hearing before a special inquiry officer, to have been and to be admissible as an immigrant at the time of his arrival in the United States and at the time of his inspection and examination, except for the fact that he was not and is not in possession of the documents required by section 212(a)(20) of the Immigration and Nationality Act (subsection (a)(20) of this section), shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival. 'Sec. 3. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act (this chapter) or any other law relating to immigration, nationality, or naturalization.' -EXEC- EX. ORD. NO. 12324. HIGH SEAS INTERDICTION OF ILLEGAL ALIENS Ex. Ord. No. 12324, Sept. 29, 1981, 46 F.R. 48109, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)), in view of the continuing problem of migrants coming to the United States, by sea, without necessary entry documents, and in order to carry out the suspension and interdiction of such entry which have concurrently been proclaimed (see Proc. No. 4865, set out below), it is hereby ordered as follows: Section 1. The Secretary of State shall undertake to enter into, on behalf of the United States, cooperative arrangements with appropriate foreign governments for the purpose of preventing illegal migration to the United States by sea. Sec. 2. (a) The Secretary of the Department in which the Coast Guard is operating shall issue appropriate instructions to the Coast Guard in order to enforce the suspension of the entry of undocumented aliens and the interdiction of any defined vessel carrying such aliens. (b) Those instructions shall apply to any of the following defined vessels: (1) Vessels of the United States, meaning any vessel documented under the laws of the United States, or numbered as provided by the Federal Boat Safety Act of 1971, as amended (46 U.S.C. 1451 et seq.) (see 46 U.S.C. 12301 et seq.), or owned in whole or in part by the United States, a citizen of the United States, or a corporation incorporated under the laws of the United States or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has been granted nationality by a foreign nation in accord with Article 5 of the Convention on the High Seas of 1958 (U.S. TIAS 5200; 13 UST 2312). (2) Vessels without nationality or vessels assimilated to vessels without nationality in accordance with paragraph (2) of Article 6 of the Convention on the High Seas of 1958 (U.S. TIAS 5200; 13 UST 2312). (3) Vessels of foreign nations with whom we have arrangements authorizing the United States to stop and board such vessels. (c) Those instructions to the Coast Guard shall include appropriate directives providing for the Coast Guard: (1) To stop and board defined vessels, when there is reason to believe that such vessels are engaged in the irregular transportation of persons or violations of United States law or the law of a country with which the United States has an arrangement authorizing such action. (2) To make inquiries of those on board, examine documents and take such actions as are necessary to establish the registry, condition and destination of the vessel and the status of those on board the vessel. (3) To return the vessel and its passengers to the country from which it came, when there is reason to believe that an offense is being committed against the United States immigration laws, or appropriate laws of a foreign country with which we have an arrangement to assist; provided, however, that no person who is a refugee will be returned without his consent. (d) These actions, pursuant to this Section, are authorized to be undertaken only outside the territorial waters of the United States. Sec. 3. The Attorney General shall, in consultation with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating, take whatever steps are necessary to ensure the fair enforcement of our laws relating to immigration (including effective implementation of this Executive Order) and the strict observance of our international obligations concerning those who genuinely flee persecution in their homeland. Ronald Reagan. PROC. NO. 4865. HIGH SEAS INTERDICTION OF ILLEGAL ALIENS Proc. No. 4865, Sept. 29, 1981, 46 F.R. 48107, provided: The ongoing migration of persons to the United States in violation of our laws is a serious national problem detrimental to the interests of the United States. A particularly difficult aspect of the problem is the continuing illegal migration by sea of large numbers of undocumented aliens into the southeastern United States. These arrivals have severely strained the law enforcement resources of the Immigration and Naturalization Service and have threatened the welfare and safety of communities in that region. As a result of our discussions with the Governments of affected foreign countries and with agencies of the Executive Branch of our Government, I have determined that new and effective measures to curtail these unlawful arrivals are necessary. In this regard, I have determined that international cooperation to intercept vessels trafficking in illegal migrants is a necessary and proper means of insuring the effective enforcement of our laws. NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by the authority vested in me by the Constitution and the statutes of the United States, including Sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)), in order to protect the sovereignty of the United States, and in accordance with cooperative arrangements with certain foreign governments, and having found that the entry of undocumented aliens, arriving at the borders of the United States from the high seas, is detrimental to the interests of the United States, do proclaim that: The entry of undocumented aliens from the high seas is hereby suspended and shall be prevented by the interdiction of certain vessels carrying such aliens. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord nineteen hundred and eighty-one, and of the Independence of the United States of America the two hundred and sixth. Ronald Reagan. -CROSS- CROSS REFERENCES Alien enemies, see section 21 et seq. of Title 50, War and National Defense. Alien women, prevention of transportation in foreign commerce under international agreement, see section 1557 of this title. Atomic weapons information, waiver of admission requirements, see section 47c of Title 50, War and National Defense. Bonds - Bond from nonimmigrant alien as prerequisite to admission to the United States, see section 1184 of this title. Bond or undertaking as prerequisite to admission of aliens likely to become public charge or with certain physical disabilities, see section 1183 of this title. Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see section 1201 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of the term - Adjacent islands, as used in this subchapter, see section 1101(b)(5) of this title. Advocating a doctrine, see section 1101(e)(1) of this title. Affiliation, see section 1101(e)(2) of this title. Alien, see section 1101(a)(3) of this title. Application for admission, see section 1101(a)(4) of this title. Attorney General, see section 1101(a)(5) of this title. Border crossing identification card, see section 1101(a)(6) of this title. Child, as used in subchapter III of this chapter, see section 1101(c)(1) of this title. Child, as used in this subchapter and subchapter I of this chapter, see section 1101(b)(1) of this title. Consular officer, see section 1101(a)(9) of this title. Doctrine, see section 1101(a)(12) of this title. Entry, see section 1101(a)(13) of this title. Foreign state, see section 1101(a)(14) of this title. Immigrant, see section 1101(a)(15) of this title. Immigrant visa, see section 1101(a)(16) of this title. Immigration officer, see section 1101(a)(18) of this title. Ineligible to citizenship, see section 1101(a)(19) of this title. Lawfully admitted for permanent residence, see section 1101(a)(20) of this title. National, see section 1101(a)(21) of this title. Nonimmigrant alien, see section 1101(a)(15) of this title. Nonimmigrant visa, see section 1101(a)(26) of this title. Organization, see section 1101(a)(28) of this title. Parent, as used in subchapter III of this chapter, see section 1101(c)(2) of this title. Parent, as used in this subchapter and subchapter I of this chapter, see section 1101(b)(2) of this title. Passport, see section 1101(a)(30) of this title. Permanent, see section 1101(a)(31) of this title. Person of good moral character, see section 1101 (f) of this title. Profession, see section 1101(a)(32) of this title. Residence, see section 1101(a)(33) of this title. Special immigrant, see section 1101(a)(27) of this title. Spouse, see section 1101(a)(35) of this title. Totalitarian party and totalitarian dictatorship, see section 1101(a)(37) of this title. United States, see section 1101(a)(38) of this title. World communism, see section 1101(a)(40) of this title. Deportation for offenses committed after entry into United States, see section 1251 of this title. Detention of aliens for observation and examination, see section 1222 of this title. Diplomatic and semidiplomatic immunities, see section 1102 of this title. Espionage and censorship, see section 792 et seq. of Title 18, Crimes and Criminal Procedure. Internal security, see section 781 et seq. of Title 50, War and National Defense. Passports and visas, see section 1541 et seq. of Title 18, Crimes and Criminal Procedure. Principals, see section 2 of Title 18. Readmission without documentation after temporary departure, see section 1181 of this title. Reentry permit, see section 1203 of this title. Sabotage, see section 2151 et seq. of Title 18, Crimes and Criminal Procedure. Stowaways on vessels or aircraft, see section 2199 of Title 18. Submission of alien seeking immigrant or nonimmigrant visa to physical and mental examination, see section 1201 of this title. Treason, sedition and subversive activities, see section 2381 et seq. of Title 18, Crimes and Criminal Procedure. White slave traffic, see section 2421 et seq. of Title 18. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1101, 1102, 1153, 1157, 1159, 1160, 1161, 1181, 1183, 1184, 1186, 1186a, 1187, 1201, 1222, 1224, 1225, 1226, 1251, 1252b, 1254, 1254a, 1255, 1255a, 1258, 1259, 1282, 1284, 1322, 1327 of this title; title 7 section 2015; title 26 section 3304; title 28 section 1821; title 42 sections 602, 615, 1382c, 1382j, 1436a. ------DocID 11586 Document 128 of 470------ -CITE- 8 USC Sec. 1182a to 1182c -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1182a to 1182c. Repealed. Pub. L. 87-301, Sec. 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657 -MISC1- Section 1182a, act Sept. 3, 1954, ch. 1254, Sec. 4, 68 Stat. 1145, related to admission of aliens who were either convicted, or who admitted the commission, of a misdemeanor. See section 1182(a)(9) of this title. Section 1182b, Pub. L. 85-316, Sec. 5, Sept. 11, 1957, 71 Stat. 640, permitted admission of an alien spouse, child or parent excludable for crime involving moral turpitude in cases of hardship, when not contrary to national welfare or security, and with Attorney General's consent, and under conditions and procedures prescribed by him. See section 1182(h) of this title. Section 1182c, Pub. L. 85-316, Sec. 6, Sept. 11, 1957, 71 Stat. 640; Pub. L. 86-253, Sec. 1, Sept. 9, 1959, 73 Stat. 490, authorized admission of an alien spouse, child, or parent of a United States citizen afflicted with tuberculosis under terms, conditions and controls prescribed by Attorney General. See section 1182(g) of this title. ------DocID 11587 Document 129 of 470------ -CITE- 8 USC Sec. 1183 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1183. Admission of aliens on giving bond or undertaking; return upon permanent departure -STATUTE- An alien excludable under paragraph (4) of section 1182(a) of this title may, if otherwise admissible, be admitted in the discretion of the Attorney General upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departure from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such alien becomes a public charge, irrespective of whether a demand for payment of public expenses has been made. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 213, 66 Stat. 188; July 10, 1970, Pub. L. 91-313, Sec. 1, 84 Stat. 413; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec. 603(a)(8), 104 Stat. 5083.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-649 substituted '(4)' for '(7) or (15)' and inserted before period at end ', irrespective of whether a demand for payment of public expenses has been made' after 'becomes a public charge'. 1970 - Pub. L. 91-313 substituted provisions admitting, under the specified conditions, an alien excludable under pars. (7) or (15) of section 1182(a) of this title, for provisions admitting, under the specified conditions, any alien excludable because of the likelihood of becoming a public charge or because of physical disability other than tuberculosis in any form, leprosy, or a dangerous contagious disease, and struck out provisions authorizing a cash deposit with the Attorney General in lieu of a bond, such amount to be deposited in the United States Postal Savings System, and provisions that the admission of the alien be consideration for the giving of the bond, undertaking, or cash deposit. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. -CROSS- CROSS REFERENCES Bonds - Bond from nonimmigrant alien as prerequisite to admission to the United States, see section 1184 of this title. Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or those likely to become public charges, see section 1201 of this title. Exaction from excludable aliens applying for temporary admission, see section 1182 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of alien and attorney general, see section 1101 of this title. Nationality and naturalization, see section 1401 et seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1201 of this title. ------DocID 11588 Document 130 of 470------ -CITE- 8 USC Sec. 1184 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1184. Admission of nonimmigrants -STATUTE- (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 under 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 for which the nonimmigrant is admitted. (B)(i) 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. (ii) 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. (b) Presumption of status; written waiver Every alien (other than a nonimmigrant described in subparagraph (H)(i) or (L) of section 1101(a)(15) of this title) 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 section 1101(a)(15)(H), (L), (O), or (P)(i) 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 individuals (FOOTNOTE 1) petitions under paragraph (1) to import such aliens. Such procedure shall permit the expedited processing of visas for entry of aliens covered under such a petition. (FOOTNOTE 1) So in original. Probably should be 'individual'. (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 involved specialized knowledge under section 1101(a)(15)(L) of this title shall not exceed 5 years. (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 with peer groups in the area of the alien's ability 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 with labor organizations with expertise in the skill area involved. 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. (4)(A) A person may petition the Attorney General for classification of an alien as a nonimmigrant under clause (ii) of section 1101(a)(15)(P) of this title. (B) 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 with labor organizations with expertise in the specific field of athletics or entertainment involved. (C) 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, in order to assure reciprocity in fact with foreign states. (5) In the case of an alien who is provided nonimmigrant status under section 1101(a)(15)(H)(i)(b) or 1101(H)(ii)(b) (FOOTNOTE 2) 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. (FOOTNOTE 2) So in original. Probably should be '1101(a)(15)(H)(ii)(b)'. (6) 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. (d) Issuance of visa to fiancee or fiance of citizen A visa shall not be issued under the provisions of section 1101(a)(15)(K) of this title until the consular officer has received a petition filed in the United States by the fiancee and fiance 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 entry 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 deported in accordance with sections 1252 and 1253 of this title. (e) Professionals from Canada 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. (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 1301(3) of title 49, Appendix) 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 65,000, (B) under section 1101(a)(15)(H)(ii)(b) of this title may not exceed 66,000, or (C) under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of this title may not exceed 25,000. (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. (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. (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) or (L) 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) 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. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 214, 66 Stat. 189; Apr. 7, 1970, Pub. L. 91-225, Sec. 3, 84 Stat. 117; Oct. 5, 1984, Pub. L. 98-454, title VI, Sec. 602(b), 98 Stat. 1737; Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 301(b), 313(b), 100 Stat. 3411, 3438; Nov. 10, 1986, Pub. L. 99-639, Sec. 3(a), (c), 100 Stat. 3542; Sept. 28, 1988, Pub. L. 100-449, title III, Sec. 307(b), 102 Stat. 1877; Oct. 24, 1988, Pub. L. 100-525, Sec. 2(l)(1), 102 Stat. 2612; Nov. 29, 1990, Pub. L. 101-649, title II, Sec. 202(a), 205(a), (b), (c)(2), 206(b), 207(b), 104 Stat. 5014, 5019, 5020, 5023, 5025.) -REFTEXT- REFERENCES IN TEXT The International Organizations Immunities Act, referred to in subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. -MISC2- AMENDMENTS 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, Sec. 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 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. WORK AUTHORIZATION DURING PENDING LABOR DISPUTES Section 207(c) of Pub. L. 101-649 provided that: '(1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) (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)) 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 provided that: '(a) 3-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 3-year period beginning October 1, 1991, the Attorney General shall grant such an alien work authorization to be employed in a position unrelated to the alien's field of study and off-campus if - '(1) the alien has completed 1 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, 1994, the Commissioner of Immigration and Naturalization shall prepare and submit (a report) to the Congress 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. -CROSS- CROSS REFERENCES Bonds - Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain disabilities, see section 1183 of this title. Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see section 1201 of this title. Exaction from excludable aliens applying for temporary admission, see section 1182 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of alien, attorney general, consular officer, immigrant, immigrant visa, immigration officer, nonimmigrant alien, and United States, see section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1101, 1182, 1186, 1186a, 1201, 1255 of this title, title 26 section 3306; title 29 section 1802. ------DocID 11589 Document 131 of 470------ -CITE- 8 USC Sec. 1184a -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1184a. Philippine Traders as nonimmigrants -STATUTE- Upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under this chapter, be considered to be classifiable as a nonimmigrant under section 1101(a)(15)(E) of this title if entering solely for the purposes specified in clause (i) or (ii) of said section 1101(a)(15)(E). -SOURCE- (June 18, 1954, ch. 323, 68 Stat. 264.) -COD- CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. ------DocID 11590 Document 132 of 470------ -CITE- 8 USC Sec. 1185 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1185. Travel control of citizens and aliens -STATUTE- (a) Restrictions and prohibitions Unless otherwise ordered by the President, it shall be unlawful - (1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe; (2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section; (3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another; (4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use; (5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use; (6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States; (7) for any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid passport. (c) Definitions The term 'United States' as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term 'person' as used in this section shall be deemed to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic. (d) Nonadmission of certain aliens Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if, upon arrival in the United States, he is found to be inadmissible under any of the provisions of this chapter, or any other law, relative to the entry of aliens into the United States. (e) Revocation of proclamation as affecting penalties The revocation of any rule, regulation, or order issued in pursuance of this section shall not prevent prosecution for any offense committed, or the imposition of any penalties or forfeitures, liability for which was incurred under this section prior to the revocation of such rule, regulation, or order. (f) Permits to enter Passports, visas, reentry permits, and other documents required for entry under this chapter may be considered as permits to enter for the purposes of this section. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 215, 66 Stat. 190; Oct. 7, 1978, Pub. L. 95-426, title VII, Sec. 707(a)-(d), 92 Stat. 992, 993.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -MISC2- AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-426, Sec. 707(a), substituted provision that the enumerated acts would, unless otherwise ordered by the President, be deemed unlawful for provisions declaring it unlawful when the United States is at war or during a proclaimed national emergency, or, as to aliens, when there exists a state of war between two or more states and the President finds that the interests of the United States require restrictions to be imposed upon departure of persons from and their entry into the United States. Subsec. (b). Pub. L. 95-426, Sec. 707(b), substituted provisions prohibiting departure or entry except as otherwise provided by the President and subject to such limitations and exceptions as he may authorize or prescribe, for provisions prohibiting such departure or entry after proclamation of a national emergency has been made, published and in force. Subsec. (c). Pub. L. 95-426, Sec. 707(d), redesignated subsec. (d) as (c). Former subsec. (c), which provided for penalties for violation of this section, was struck out. Subsec. (d). Pub. L. 95-426, Sec. 707(d), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 95-426, Sec. 707(c), (d), redesignated subsec. (f) as (e) and struck out 'proclamation,' before 'rule' in two places. Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 95-426, Sec. 707(d), redesignated subsec. (g) as (f). Former (f) redesignated (e). -EXEC- EX. ORD. NO. 12172. DELEGATION OF AUTHORITY OF PRESIDENT TO SECRETARY OF STATE AND ATTORNEY GENERAL RESPECTING ENTRY OF IRANIAN ALIENS INTO THE UNITED STATES Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States, including the Immigration and Nationality Act, as amended (this chapter), 8 USC 1185 and 3 USC 301, it is hereby ordered as follows: Section 1-101. Delegation of Authority. The Secretary of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians the authority conferred upon the President by section 215(a)(1) of the Act of June 27, 1952 (8 USC 1185), to prescribe limitations and exceptions on the rules and regulations governing the entry of aliens into the United States. Section 1-102. Effective Date. This order is effective immediately. Jimmy Carter. -CROSS- CROSS REFERENCES Counterfeiting and forgery, see section 471 et seq. of Title 18, Crimes and Criminal Procedure. Definition of alien, entry, passport, person, state, and United States, see section 1101 of this title. False personation, see section 911 et seq. of Title 18, Crimes and Criminal Procedure. Fines, penalties and forfeitures, see section 2461 et seq. of Title 28, Judiciary and Judicial Procedure. Fraud and false statements, see section 1001 et seq. of Title 18, Crimes and Criminal Procedure. Passports and visas, see section 1541 et seq. of Title 18. Repeal of statutes as affecting existing liabilities, see section 109 of Title 1, General Provisions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1251 of this title. ------DocID 11591 Document 133 of 470------ -CITE- 8 USC Sec. 1186 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1186. Transferred -STATUTE- Section, act June 27, 1952, ch. 477, title II, ch. 2, Sec. 216, as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 301(c), 100 Stat. 3411, which related to admission of temporary H-2A workers, was renumbered Sec. 218 by Pub. L. 100-525, Sec. 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and was transferred to section 1188 of this title. ------DocID 11592 Document 134 of 470------ -CITE- 8 USC Sec. 1186a -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters -STATUTE- (a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (g)(1) of this section) and an alien son or daughter (as defined in subsection (g)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed. (B) At time of required petition In addition, the Attorney General shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsections (FOOTNOTE 1) (c)(1) of this section. (FOOTNOTE 1) So in original. Probably should be 'subsection'. (C) Effect of failure to provide notice The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter. (b) Termination of status if finding that qualifying marriage improper (1) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that - (A) the qualifying marriage - (i) was entered into for the purpose of procuring an alien's entry as an immigrant, or (ii) has been judicially annulled or terminated, other than through the death of a spouse; or (B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) or 1184(d) of this title with respect to the alien; the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. (2) Hearing in deportation proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements of timely petition and interview for removal of condition (1) In general In order for the conditional basis established under subsection (a) of this section for an alien spouse or an alien son or daughter to be removed - (A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and (B) in accordance with subsection (d)(3) of this section, the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section. (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if - (i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or (ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence. (B) Hearing in deportation proceeding In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B). (3) Determination after petition and interview (A) In general If - (i) a petition is filed in accordance with the provisions of paragraph (1)(A), and (ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying marriage. (B) Removal of conditional basis if favorable determination If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. (C) Termination if adverse determination If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination. (D) Hearing in deportation proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying marriage. (4) Hardship waiver The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that - (A) extreme hardship would result if such alien is deported, (B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1), or (C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1). In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child. (d) Details of petition and interview (1) Contents of petition Each petition under subsection (c)(1)(A) of this section shall contain the following facts and information: (A) Statement of proper marriage and petitioning process The facts are that - (i) the qualifying marriage - (I) was entered into in accordance with the laws of the place where the marriage took place, (II) has not been judicially annulled or terminated, other than through the death of a spouse, and (III) was not entered into for the purpose of procuring an alien's entry as an immigrant; and (ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) or 1184(d) of this title with respect to the alien spouse or alien son or daughter. (B) Statement of additional information The information is a statement of - (i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a) of this section, and (ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party. (2) Period for filing petition (A) 90-day period before second anniversary Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. (B) Date petitions for good cause Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during deportation In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. (e) Treatment of period for purposes of naturalization For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. (f) Treatment of certain waivers In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 1182 of this title of certain grounds of exclusion, such waiver terminates upon the termination of such permanent residence status under this section. (g) Definitions In this section: (1) The term 'alien spouse' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) - (A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States, (B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or (C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(a)(8) (FOOTNOTE 2) of this title. (FOOTNOTE 2) See References in Text note below. (2) The term 'alien son or daughter' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage. (3) The term 'qualifying marriage' means the marriage described to in paragraph (1). (4) The term 'petitioning spouse' means the spouse of a qualifying marriage, other than the alien. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 216, as added Nov. 10, 1986, Pub. L. 99-639, Sec. 2(a), 100 Stat. 3537, and amended Oct. 24, 1988, Pub. L. 100-525, Sec. 7(a), 102 Stat. 2616; Nov. 29, 1990, Pub. L. 101-649, title VII, Sec. 701(a), 104 Stat. 5085.) -REFTEXT- REFERENCES IN TEXT Section 1153(a)(8) of this title, referred to in subsec. (g)(1), refers to section 1153(a) of this title as in existence prior to the effective date of repeal by section 111(2) of Pub. L. 101-649. -COD- CODIFICATION Another section 216 of act June 27, 1952, was renumbered section 218 and is classified to section 1188 of this title. -MISC3- AMENDMENTS 1990 - Subsec. (c)(4). Pub. L. 101-649 struck out 'or' at end of subpar. (A), struck out 'by the alien spouse for good cause' after 'death of the spouse)' and substituted ', or' for period at end of subpar. (B), added subpar. (C), and inserted at end 'The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.' 1988 - Pub. L. 100-525, Sec. 7(a)(1), made technical amendment to directory language of Pub. L. 99-639, Sec. 2(a), which enacted this section. Subsec. (c)(3)(A). Pub. L. 100-525, Sec. 7(a)(2), substituted '90 days' for '90-days'. EFFECTIVE DATE OF 1990 AMENDMENT Section 701(b) of Pub. L. 101-649 provided that: 'The amendments made by subsection (a) (amending this section) shall apply with respect to marriages entered into before, on, or after 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 Marriage Fraud Amendments of 1986, Pub. L. 99-639, see section 7(d) of Pub. L. 100-525, set out as a note under section 1182 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1251, 1255 of this title. ------DocID 11593 Document 135 of 470------ -CITE- 8 USC Sec. 1186b -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1186b. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children -STATUTE- (a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien entrepreneur (as defined in subsection (f)(1) of this section), alien spouse, and alien child (as defined in subsection (f)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed. (B) At time of required petition In addition, the Attorney General shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsection (c)(1) of this section. (C) Effect of failure to provide notice The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur, spouse, or child. (b) Termination of status if finding that qualifying entrepreneurship improper (1) In general In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that - (A) the establishment of the commercial enterprise was intended solely as a means of evading the immigration laws of the United States, (B)(i) a commercial enterprise was not established by the alien, (ii) the alien did not invest or was not actively in the process of investing the requisite capital; or (iii) the alien was not sustaining the actions described in clause (i) or (ii) throughout the period of the alien's residence in the United States, or (C) the alien was otherwise not conforming to the requirements of section 1153(b)(5) of this title, then the Attorney General shall so notify the alien involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination. (2) Hearing in deportation proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements of timely petition and interview for removal of condition (1) In general In order for the conditional basis established under subsection (a) of this section for an alien entrepreneur, alien spouse, or alien child to be removed - (A) the alien entrepreneur must submit to the Attorney General, during the period described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and (B) in accordance with subsection (d)(3) of this section, the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section. (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if - (i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or (ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3) of this section), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence. (B) Hearing in deportation proceeding In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B). (3) Determination after petition and interview (A) In general If - (i) a petition is filed in accordance with the provisions of paragraph (1)(A), and (ii) the alien entrepreneur appears at any interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90 days of the date of the such filing or interview (whichever is later), as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying commercial enterprise. (B) Removal of conditional basis if favorable determination If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. (C) Termination if adverse determination If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination. (D) Hearing in deportation proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise. (d) Details of petition and interview (1) Contents of petition Each petition under subsection (c)(1)(A) of this section shall contain facts and information demonstrating that - (A) a commercial enterprise was established by the alien; (B) the alien invested or was actively in the process of investing the requisite capital; and (C) the alien sustained the actions described in subparagraphs (A) and (B) throughout the period of the alien's residence in the United States. (2) Period for filing petition (A) 90-day period before second anniversary Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. (B) Date petitions for good cause Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during deportation In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. (e) Treatment of period for purposes of naturalization For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. (f) Definitions In this section: (1) The term 'alien entrepreneur' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 1153(b)(5) of this title. (2) The term 'alien spouse' and the term 'alien child' mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 216A, as added Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 121(b)(1), 104 Stat. 4990.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1251, 1255 of this title. ------DocID 11594 Document 136 of 470------ -CITE- 8 USC Sec. 1187 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1187. Visa waiver pilot program for certain visitors -STATUTE- (a) Establishment of pilot program The Attorney General and the Secretary of State are authorized to establish a pilot program (hereinafter in this section referred to as the 'pilot program') under which the requirement of paragraph (26)(B) of section 1182(a) (FOOTNOTE 1) of this title may be waived by the Attorney General and the Secretary of State, acting jointly and in accordance with this section, in the case of an alien who meets the following requirements: (FOOTNOTE 1) See References in Text note below. (1) Seeking entry as tourist for 90 days or less The alien is applying for admission during the pilot program period (as defined in subsection (e) of this section) as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days. (2) National of pilot program country The alien is a national of, and presents a passport issued by, a country which - (A) extends (or agrees to extend) 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) Executes immigration forms The alien before the time of such admission completes such immigration form as the Attorney General shall establish. (4) Entry by sea or air If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier 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. (5) 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. (6) 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. (7) 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). (b) Waiver of rights An alien may not be provided a waiver under the pilot 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 deportation against the alien. (c) Designation of pilot program countries (1) In general The Attorney General and the Secretary of State acting jointly may designate any country as a pilot program country if it meets the requirements of paragraph (2). (2) Qualifications A country may not be designated as a pilot program country unless the following requirements are met: (A) Low nonimmigrant visa refusal rate for 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 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years. (B) Low nonimmigrant visa refusal rate for each of 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. (C) Machine readable passport program 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. (D) Law enforcement interests The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country. (3) Continuing and subsequent qualifications For each fiscal year (within the pilot program period) after the initial period - (A) Continuing qualification In the case of a country which was a pilot program country in the previous fiscal year, a country may not be designated as a pilot program country unless the sum of - (i) the total of the number of nationals of that country who were excluded from admission 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 pilot 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. (d) Authority Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, 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)(C) of this section is an agreement between a carrier and the Attorney General under which the carrier agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under the pilot 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 pilot program, and (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. (2) Termination of agreements The Attorney General may terminate an agreement under paragraph (1) with five days' notice to the carrier for the carrier's failure to meet the terms of such agreement. (f) 'Pilot program period' defined For purposes of this section, the term 'pilot program period' means the period beginning on October 1, 1988, and ending on September 30, 1994. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 217, as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 313(a), 100 Stat. 3435, and amended Oct. 24, 1988, Pub. L. 100-525, Sec. 2(p)(1), (2), 102 Stat. 2613; Nov. 29, 1990, Pub. L. 101-649, title II, Sec. 201(a), 104 Stat. 5012.) -REFTEXT- REFERENCES IN TEXT Section 1182(a) of this title, referred to in subsec. (a), was amended generally by Pub. L. 101-649, title VI, Sec. 601(a), Nov. 29, 1990, 104 Stat. 5067, and, as so amended, provisions formerly appearing in par. (26)(B) are contained in par. (7)(B)(i)(II). -MISC2- AMENDMENTS 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 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. 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1182, 1184, 1255, 1258 of this title. ------DocID 11595 Document 137 of 470------ -CITE- 8 USC Sec. 1188 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part II -HEAD- Sec. 1188. Admission of temporary H-2A workers -STATUTE- (a) Conditions for approval of H-2A petitions (1) A petition to import an alien as an H-2A worker (as defined in subsection (i)(2) of this section) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that - (A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and (B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. (2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification. (b) Conditions for denial of labor certification The Secretary of Labor may not issue a certification under subsection (a) of this section with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met: (1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification. (2)(A) The employer during the previous two-year period employed H-2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers. (B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph. (3) The employer has not provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment which will provide benefits at least equal to those provided under the State workers' compensation law for comparable employment. (4) The Secretary determines that the employer has not made positive recruitment efforts within a multi-state region of traditional or expected labor supply where the Secretary finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. Positive recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation through the interstate employment service system of the employer's job offer. The obligation to engage in positive recruitment under this paragraph shall terminate on the date the H-2A workers depart for the employer's place of employment. (c) Special rules for consideration of applications The following rules shall apply in the case of the filing and consideration of an application for a labor certification under this section: (1) Deadline for filing applications The Secretary of Labor may not require that the application be filed more than 60 days before the first date the employer requires the labor or services of the H-2A worker. (2) Notice within seven days of deficiencies (A) The employer shall be notified in writing within seven days of the date of filing if the application does not meet the standards (other than that described in subsection (a)(1)(A) of this section) for approval. (B) If the application does not meet such standards, the notice shall include the reasons therefor and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. (3) Issuance of certification (A) The Secretary of Labor shall make, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) of this section if - (i) the employer has complied with the criteria for certification (including criteria for the recruitment of eligible individuals as prescribed by the Secretary), and (ii) the employer does not actually have, or has not been provided with referrals of, qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary. In considering the question of whether a specific qualification is appropriate in a job offer, the Secretary shall apply the normal and accepted qualifications required by non-H-2A-employers in the same or comparable occupations and crops. (B)(i) For a period of 3 years subsequent to the effective date of this section, labor certifications shall remain effective only if, from the time the foreign worker departs for the employer's place of employment, the employer will provide employment to any qualified United States worker who applies to the employer until 50 percent of the period of the work contract, under which the foreign worker who is in the job was hired, has elapsed. In addition, the employer will offer to provide benefits, wages and working conditions required pursuant to this section and regulations. (ii) The requirement of clause (i) shall not apply to any employer who - (I) did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, as defined in section 203(u) of title 29, (II) is not a member of an association which has petitioned for certification under this section for its members, and (III) has not otherwise associated with other employers who are petitioning for temporary foreign workers under this section. (iii) Six months before the end of the 3-year period described in clause (i), the Secretary of Labor shall consider the findings of the report mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 as well as other relevant materials, including evidence of benefits to United States workers and costs to employers, addressing the advisability of continuing a policy which requires an employer, as a condition for certification under this section, to continue to accept qualified, eligible United States workers for employment after the date the H-2A workers depart for work with the employer. The Secretary's review of such findings and materials shall lead to the issuance of findings in furtherance of the Congressional policy that aliens not be admitted under this section unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or service needed and that the employment of the aliens in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. In the absence of the enactment of Federal legislation prior to three months before the end of the 3-year period described in clause (i) which addresses the subject matter of this subparagraph, the Secretary shall immediately publish the findings required by this clause, and shall promulgate, on an interim or final basis, regulations based on his findings which shall be effective no later than three years from the effective date of this section. (iv) In complying with clause (i) of this subparagraph, an association shall be allowed to refer or transfer workers among its members: Provided, That for purposes of this section an association acting as an agent for its members shall not be considered a joint employer merely because of such referral or transfer. (v) United States workers referred or transferred pursuant to clause (iv) of this subparagraph shall not be treated disparately. (vi) An employer shall not be liable for payments under section 655.202(b)(6) of title 20, Code of Federal Regulations (or any successor regulation) with respect to an H-2A worker who is displaced due to compliance with the requirement of this subparagraph, if the Secretary of Labor certifies that the H-2A worker was displaced because of the employer's compliance with clause (i) of this subparagraph. (vii)(I) No person or entity shall willfully and knowingly withhold domestic workers prior to the arrival of H-2A workers in order to force the hiring of domestic workers under clause (i). (II) Upon the receipt of a complaint by an employer that a violation of subclause (I) has occurred the Secretary shall immediately investigate. He shall within 36 hours of the receipt of the complaint issue findings concerning the alleged violation. Where the Secretary finds that a violation has occurred, he shall immediately suspend the application of clause (i) of this subparagraph with respect to that certification for that date of need. (4) Housing Employers shall furnish housing in accordance with regulations. The employer shall be permitted at the employer's option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accommodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply: Provided further, That the Secretary of Labor shall issue regulations which address the specific requirements of housing for employees principally engaged in the range production of livestock: Provided further, That when it is the prevailing practice in the area and occupation of intended employment to provide family housing, family housing shall be provided to workers with families who request it: And provided further, That nothing in this paragraph shall require an employer to provide or secure housing for workers who are not entitled to it under the temporary labor certification regulations in effect on June 1, 1986. (d) Roles of agricultural associations (1) Permitting filing by agricultural associations A petition to import an alien as a temporary agricultural worker, and an application for a labor certification with respect to such a worker, may be filed by an association of agricultural producers which use agricultural services. (2) Treatment of associations acting as employers If an association is a joint or sole employer of temporary agricultural workers, the certifications granted under this section to the association may be used for the certified job opportunities of any of its producer members and such workers may be transferred among its producer members to perform agricultural services of a temporary or seasonal nature for which the certifications were granted. (3) Treatment of violations (A) Member's violation does not necessarily disqualify association or other members If an individual producer member of a joint employer association is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the member, the denial shall apply only to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or reason to know of, the violation. (B) Association's violation does not necessarily disqualify members (i) If an association representing agricultural producers as a joint employer is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary determines that the member participated in, had knowledge of, or reason to know of, the violation. (ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the association, no individual producer member of such association may be the beneficiary of the services of temporary alien agricultural workers admitted under this section in the commodity and occupation in which such aliens were employed by the association which was denied certification during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member. (e) Expedited administrative appeals of certain determinations (1) Regulations shall provide for an expedited procedure for the review of a denial of certification under subsection (a)(1) of this section or a revocation of such a certification or, at the applicant's request, for a de novo administrative hearing respecting the denial or revocation. (2) The Secretary of Labor shall expeditiously, but in no case later than 72 hours after the time a new determination is requested, make a new determination on the request for certification in the case of an H-2A worker if able, willing, and qualified eligible individuals are not actually available at the time such labor or services are required and a certification was denied in whole or in part because of the availability of qualified workers. If the employer asserts that any eligible individual who has been referred is not able, willing, or qualified, the burden of proof is on the employer to establish that the individual referred is not able, willing, or qualified because of employment-related reasons. (f) Violators disqualified for 5 years An alien may not be admitted to the United States as a temporary agricultural worker if the alien was admitted to the United States as such a worker within the previous five-year period and the alien during that period violated a term or condition of such previous admission. (g) Authorization of appropriations (1) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, $10,000,000 for the purposes - (A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this title, and (B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States. (2) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section. (3) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this section and under section 1182(a)(14) (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. (4) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purposes of enabling the Secretary of Agriculture to carry out the Secretary's duties and responsibilities under this section. (h) Miscellaneous provisions (1) The Attorney General shall provide for such endorsement of entry and exit documents of nonimmigrants described in section 1101(a)(15)(H)(ii) of this title as may be necessary to carry out this section and to provide notice for purposes of section 1324a of this title. (2) The provisions of subsections (a) and (c) of section 1184 of this title and the provisions of this section preempt any State or local law regulating admissibility of nonimmigrant workers. (i) Definitions For purposes of this section: (1) The term 'eligible individual' means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 1324a(h) of this title) with respect to that employment. (2) The term 'H-2A worker' means a nonimmigrant described in section 1101(a)(15)(H)(ii)(a) of this title. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 2, Sec. 218, formerly Sec. 216, as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 301(c), 100 Stat. 3411; renumbered Sec. 218 and amended Oct. 24, 1988, Pub. L. 100-525, Sec. 2(l)(2), (3), 102 Stat. 2612.) -REFTEXT- REFERENCES IN TEXT Section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(3)(B)(iii), is section 403(a)(4)(D) of Pub. L. 99-603, which is set out in a note under this section. Section 1182(a) of this title, referred to in subsec. (g)(3), was amended generally by Pub. L. 101-649, title VI, Sec. 601(a), Nov. 29, 1990, 104 Stat. 5067, and, as so amended, does not contain a par. (14). See section 1182(a)(5) of this title. -COD- CODIFICATION Section was classified to section 1186 of this title prior to its renumbering by Pub. L. 100-525. -MISC3- AMENDMENTS 1988 - Pub. L. 100-525, Sec. 2(l)(2)(A), made technical amendment to directory language of Pub. L. 99-603, Sec. 301(c), which enacted this section. Subsec. (c)(4). Pub. L. 100-525, Sec. 2(l)(3), substituted 'accommodations' for 'accomodations' wherever appearing. 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. EFFECTIVE DATE; REGULATIONS Section 301(d), (e) of Pub. L. 99-603, as amended by Pub. L. 100-525, Sec. 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: '(d) Effective Date. - The amendments made by this section (enacting this section and amending sections 1101 and 1184) apply to petitions and applications filed under sections 214(c) and 218 of the Immigration and Nationality Act (8 U.S.C. 1184(c), 1188) on or after the first day of the seventh month beginning after the date of the enactment of this Act (Nov. 6, 1986) (hereinafter in this section referred to as the 'effective date'). '(e) Regulations. - The Attorney General, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall approve all regulations to be issued implementing sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a), 1188). Notwithstanding any other provision of law, final regulations to implement such sections shall first be issued, on an interim or other basis, not later than the effective date.' SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO Section 301(f) of Pub. L. 99-603, as amended by Pub. L. 100-525, Sec. 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: 'It is the sense of Congress that the President should establish an advisory commission which shall consult with the Governments of Mexico and of other appropriate countries and advise the Attorney General regarding the operation of the alien temporary worker program established under section 218 of the Immigration and Nationality Act (8 U.S.C. 1188).' REPORTS ON H-2A PROGRAM Section 403 of Pub. L. 99-603 provided that: '(a) Presidential Reports. - The President shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives reports on the implementation of the temporary agricultural worker (H-2A) program, which shall include - '(1) the number of foreign workers permitted to be employed under the program in each year; '(2) the compliance of employers and foreign workers with the terms and conditions of the program; '(3) the impact of the program on the labor needs of the United States agricultural employers and on the wages and working conditions of United States agricultural workers; and '(4) recommendations for modifications of the program, including - '(A) improving the timeliness of decisions regarding admission of temporary foreign workers under the program, '(B) removing any economic disincentives to hiring United States citizens or permanent resident aliens for jobs for which temporary foreign workers have been requested, '(C) improving cooperation among government agencies, employers, employer associations, workers, unions, and other worker associations to end the dependence of any industry on a constant supply of temporary foreign workers, and '(D) the relative benefits to domestic workers and burdens upon employers of a policy which requires employers, as a condition for certification under the program, to continue to accept qualified United States workers for employment after the date the H-2A workers depart for work with the employer. The recommendations under subparagraph (D) shall be made in furtherance of the Congressional policy that aliens not be admitted under the H-2A program unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or services needed and that the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. '(b) Deadlines. - A report on the H-2A temporary worker program under subsection (a) shall be submitted not later than two years after the date of the enactment of this Act (Nov. 6, 1986), and every two years thereafter.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1184 of this title. ------DocID 11596 Document 138 of 470------ -CITE- 8 USC Part III -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Part III - Issuance of Entry Documents ------DocID 11597 Document 139 of 470------ -CITE- 8 USC Sec. 1201 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Sec. 1201. Issuance of visas -STATUTE- (a) Immigrants; nonimmigrants Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue (1) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in section 1202 of this title, visaed by such consular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrant's particular status under such foreign state, the preference, nonpreference, immediate relative, or special immigrant classification to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be required; and (2) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under section 1101(a)(15) of this title of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required. (b) Registration; photographs; waiver of requirement Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in sections 1101(a)(15)(A), and 1101(a)(15)(G) of this title, or in the case of any alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof. (c) Period of validity; requirement of visa An immigrant visa shall be valid for such period, not exceeding four months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business. A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class. An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that he was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible: Provided, That the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays again the statutory fees for an application and an immigrant visa. (d) Physical examination Prior to the issuance of an immigrant visa to any alien, the consular officer shall require such alien to submit to a physical and mental examination in accordance with such regulations as may be prescribed. Prior to the issuance of a nonimmigrant visa to any alien, the consular officer may require such alien to submit to a physical or mental examination, or both, if in his opinion such examination is necessary to ascertain whether such alien is eligible to receive a visa. (e) Surrender of visa Each immigrant shall surrender his immigrant visa to the immigration officer at the port of entry, who shall endorse on the visa the date and the port of arrival, the identity of the vessel or other means of transportation by which the immigrant arrived, and such other endorsements as may be by regulations required. (f) Surrender of documents Each nonimmigrant shall present or surrender to the immigration officer at the port of entry such documents as may be by regulation required. In the case of an alien crewman not in possession of any individual documents other than a passport and until such time as it becomes practicable to issue individual documents, such alien crewman may be admitted, subject to the provisions of this part, if his name appears in the crew list of the vessel or aircraft on which he arrives and the crew list is visaed by a consular officer, but the consular officer shall have the right to exclude any alien crewman from the crew list visa. (g) Nonissuance of visas or other documents No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law, (2) the application fails to comply with the provisions of this chapter, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 1182(a)(4) of this title, if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 1183 of this title: Provided further, That a visa may be issued to an alien defined in section 1101(a)(15)(B) or (F) of this title, if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 1184(a) of this title, 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. (h) Nonadmission upon arrival Nothing in this chapter shall be construed to entitle any alien, to whom a visa or other documentation has been issued, to enter the United States, if, upon arrival at a port of entry in the United States, he is found to be inadmissible under this chapter, or any other provision of law. The substance of this subsection shall appear upon every visa application. (i) Revocation of visas or documents After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance: Provided, That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under section 1323(b) of this title for action taken in reliance on such visas or other documentation, unless they received due notice of such revocation prior to the alien's embarkation. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 3, Sec. 221, 66 Stat. 191; Sept. 26, 1961, Pub. L. 87-301, Sec. 4, 75 Stat. 651; Oct. 3, 1965, Pub. L. 89-236, Sec. 11(a), (b), 17, 79 Stat. 918, 919; Dec. 29, 1981, Pub. L. 97-116, Sec. 18(f), 95 Stat. 1620; Nov. 14, 1986, Pub. L. 99-653, Sec. 5(a), formerly Sec. 5(a)(a)-(c), 100 Stat. 3656, redesignated Sec. 5(a), Oct. 24, 1988, Pub. L. 100-525, Sec. 8(d)(1), 102 Stat. 2617; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec. 603(a)(9), 104 Stat. 5083.) -MISC1- AMENDMENTS 1990 - Subsec. (g). Pub. L. 101-649 substituted '1182(a)(4) of this title' for '1182(a)(7), or section 1182(a)(15) of this title'. 1988 - Subsecs. (a) to (c). Pub. L. 100-525 made technical correction to Pub. L. 99-653, Sec. 5. See 1986 Amendment note below. 1986 - Subsec. (a). Pub. L. 99-653, Sec. 5(a)(1), formerly Sec. 5(a)(a), as redesignated by Pub. L. 100-525, in cl. (1) substituted 'specify the foreign state' for 'specify the quota', 'under such foreign state' for 'under such quota', 'special immigrant classification' for 'special immigration classification', and struck out 'one copy of' after 'shall consist of'. Subsec. (b). Pub. L. 99-653, Sec. 5(a)(2), formerly Sec. 5(a)(b), as redesignated by Pub. L. 100-525, amended subsec. (b) generally, striking out 'and fingerprinted' after 'shall be registered' and substituting 'sections 1101(a)(15)(A) and 1101(a)(15)(G) of this title' for 'section 1101(a)(15)(A) and (G) of this title'. Subsec. (c). Pub. L. 99-653, Sec. 5(a)(3), formerly Sec. 5(a)(c), as redesignated by Pub. L. 100-525, amended subsec. (c) generally, substituting 'during the fiscal year' for 'during the year', 'Provided, That the immigrant' for 'Provided, the consular officer is in possession of the duplicate signed copy of the original visa, the immigrant', and 'statutory fees' for 'statutory fee'. 1981 - Subsec. (a). Pub. L. 97-116 substituted a comma for the period after 'alien is charged'. 1965 - Subsec. (a). Pub. L. 89-236, Sec. 11(a), substituted a reference to preference, nonpreference, immediate relative, and special immigration classification, for a reference to nonquota categories to which immigrants are classified. Subsec. (c). Pub. L. 89-236, Sec. 11(b), struck out references to 'quota' wherever appearing. Subsec. (g). Pub. L. 89-236, Sec. 17, inserted proviso permitting issuance of student or visitors visas in cases where the alien gives a bond so as to allow resolution of doubts in borderline cases in which the consular officer is uncertain as to the bona fides of the nonimmigrant's intention to remain in the United States temporarily. 1961 - Subsec. (c). Pub. L. 87-301 provided that an immigrant visa issued to a child adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces or employed abroad by our Government, or temporarily abroad on business, shall remain valid to such time, but not exceeding three years, as the adoptive parent returns to the United States in due course of service, employment or business. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 23(b) of Pub. L. 99-653, as added by Pub. L. 100-525, Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: 'The amendments made by sections 5, 6, 8, 9, and 10 (amending this section and sections 1202, 1301, 1302, and 1304 of this title and repealing section 1201a of this title) apply to applications for immigrant visas made, and visas issued, on or after November 14, 1986.' EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR CERTAIN RESIDENTS OF HONG KONG Section 154 of Pub. L. 101-649 provided that: '(a) Extending Period of Validity. - '(1) In general. - Subject to paragraph (2), the limitation on the period of validity of an immigrant visa under section 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)) shall not apply in the case of an immigrant visa issued, on or after the date of the enactment of this Act (Nov. 29, 1990) and before September 1, 2001, to an alien described in subsection (b), but only if - '(A) the alien elects, within the period of validity of the immigrant visa under such section, to have this section apply, and '(B) before the date the alien seeks to be admitted to the United States for lawful permanent residence, the alien notifies the appropriate consular officer of the alien's intention to seek such admission and provides such officer with such information as the officer determines to be necessary to verify that the alien remains eligible for admission to the United States as an immigrant. '(2) Limitation on extension. - In no case shall the period of validity of a visa be extended under paragraph (1) beyond January 1, 2002. '(3) Treatment under numerical limitations. - In applying the numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152) in the case of aliens for whose visas the period of validity is extended under this section, such limitations shall only apply at the time of original issuance of the visas and not at the time of admission of such aliens. '(b) Aliens Covered. - An alien is described in this subsection if the alien - '(1)(A) is chargeable under section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) to Hong Kong, and '(B)(i) is residing in Hong Kong as of the date of the enactment of this Act (Nov. 29, 1990) and is issued an immigrant visa under paragraph (1), (2), (4), or (5) of section 203(a) (of) the Immigration and Nationality Act (8 U.S.C. 1153(a)) (as in effect on the date of the enactment of this Act) or under section 203(a) or 203(b)(1) of such Act (as in effect on and after October 1, 1991), or (ii) is the spouse or child (as defined in subsection (d)) of an alien described in clause (i), if accompanying or following to join the alien in coming to the United States; or '(2) is issued a visa under section 124 of this Act (enacting provisions set out as a note under section 1153 of this title). '(c) Treatment of Certain Employees in Hong Kong. - '(1) In general. - In applying the proviso of section 7 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403h), in the case of an alien described in paragraph (2), the Director may charge the entry of the alien against the numerical limitation for any fiscal year (beginning with fiscal year 1991 and ending with fiscal year 1996) notwithstanding that the alien's entry is not made to the United States in that fiscal year so long as such entry is made before the end of fiscal year 1997. '(2) Aliens covered. - An alien is described in this paragraph if the alien - '(A) is an employee of the Foreign Broadcast Information Service in Hong Kong, or '(B) is the spouse or child (as defined in subsection (d)) of an alien described in subparagraph (A), if accompanying or following to join the alien in coming to the United States. '(3) Relation to similar provision. - The provisions of this subsection supersede section 403 of the Intelligence Authorization Act, Fiscal Year 1991 (section 403 of S. 2834, One Hundred First Congress, which was pocket vetoed on Nov. 30, 1990). '(d) Treatment of Children. - In this section, the term 'child' has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) and also includes (for purposes of this section and the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) as it applies to this section) an alien who was the child (as so defined) of the alien as of the date of the issuance of an immigrant visa to the alien described in subsection (b)(1) or, in the case described in subsection (c), as of the date of charging of the entry of the alien under the proviso under section 7 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403h).' (Section 154 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.) CUBAN POLITICAL PRISONERS AND IMMIGRANTS Pub. L. 100-204, title IX, Sec. 903, Dec. 22, 1987, 101 Stat. 1401, provided that: '(a) Processing of Certain Cuban Political Prisoners as Refugees. - In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of the enactment of this Act (Dec. 22, 1987), consular officers of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. '(b) Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries. - Notwithstanding section 212(f) and section 243(g) of the Immigration and Nationality Act (8 U.S.C. 1182(f), 1253(g)), on and after the date of the enactment of this Act (Dec. 22, 1987), consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. '(c) Definitions. - For purposes of this section: '(1) The term 'process' means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications. '(2) The term 'refugee' has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)).' Pub. L. 100-202, Sec. 101(a) (title VII), Dec. 22, 1987, 101 Stat. 1329, 1329-39, provided that: 'Sec. 701. This title may be cited as 'Cuban Political Prisoners and Immigrants'. 'Sec. 702. (a) Processing of Certain Cuban Political Prisoners as Refugees. - In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of enactment of this Act (Dec. 22, 1987), consular officer(s) of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. '(b) Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries. - Notwithstanding section 212(f) and section 243(g) of the Immigration and Nationality Act (8 U.S.C. 1182(f), 1253(g)), on and after the date of the enactment of this Act (Dec. 22, 1987), consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. '(c) Definitions. - For purposes of this section: '(1) The term 'process' means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications. '(2) The term 'refugee' has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)).' -CROSS- CROSS REFERENCES Bonds - Bond from nonimmigrant alien as prerequisite to admission to the United States, see section 1184 of this title. Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain physical disabilities, see section 1183 of this title. Exaction from excludable aliens applying for temporary admission, see section 1182 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of the term - Alien, see section 1101(a)(3) of this title. Attorney General, see section 1101(a)(5) of this title. Consular officer, see section 1101(a)(9) of this title. Crewman, see section 1101(a)(10) of this title. Diplomatic visa, see section 1101(a)(11) of this title. Entry, see section 1101(a)(13) of this title. Immigrant, see section 1101(a)(15) of this title. Immigrant visa, see section 1101(a)(16) of this title. Immigration officer, see section 1101(a)(18) of this title. National, see section 1101(a)(21) of this title. National of the United States, see section 1101(a)(22) of this title. Nonimmigrant alien, see section 1101(a)(15) of this title. Nonimmigrant visa, see section 1101(a)(26) of this title. Passport, see section 1101(a)(30) of this title. United States, see section 1101(a)(38) of this title. Passports, see section 211a et seq. of Title 22, Foreign Relations and Intercourse. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1204, 1230, 1301, 1302 of this title. ------DocID 11598 Document 140 of 470------ -CITE- 8 USC Sec. 1201a -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Sec. 1201a. Repealed. Pub. L. 99-653, Sec. 5(b), formerly Sec. 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, redesignated Sec. 5(b), Pub. L. 100-525, Sec. 8(d)(2), Oct. 24, 1988, 102 Stat. 2617 -MISC1- Section, Pub. L. 85-316, Sec. 8, Sept. 11, 1957, 71 Stat. 641, related to waiver of fingerprinting requirements for nonimmigrant aliens. EFFECTIVE DATE OF REPEAL Repeal applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99-653, set out as an Effective Date of 1986 Amendment note under section 1201 of this title. ------DocID 11599 Document 141 of 470------ -CITE- 8 USC Sec. 1202 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Sec. 1202. Application for visas -STATUTE- (a) Immigrant visas Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the immigrant shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; present address and places of previous residence; whether married or single, and the names and places of residence of spouse and children, if any; calling or occupation; personal description (including height, complexion, color of hair and eyes, and marks of identification); languages he can speak, read, or write; names and addresses of parents, and if neither parent living then the name and address of his next of kin in the country from which he comes; port of entry into the United States; final destination, if any, beyond the port of entry; whether he has a ticket through to such final destination; whether going to join a relative or friend, and, if so, the name and complete address of such relative or friend; the purpose for which he is going to the United States; the length of time he intends to remain in the United States; whether or not he intends to remain in the United States permanently; whether he was ever arrested, convicted or was ever in prison or almshouse; whether he has ever been the beneficiary of a pardon or an amnesty; whether he has ever been treated in an institution or hospital or other place for insanity or other mental disease; if he claims to be an immediate relative within the meaning of section 1151(b) of this title or a preference or special immigrant, the facts on which he bases such claim; whether or not he is a member of any class of individuals excluded from admission into the United States, or whether he claims to be exempt from exclusion under the immigration laws; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed. (b) Other documentary evidence for immigrant visa Every alien applying for an immigrant visa shall present a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Secretary of State. The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer. The copy of each document so furnished shall be permanently attached to the application and become a part thereof. In the event that the immigrant establishes to the satisfaction of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such document or record other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain. (c) Nonimmigrant visas; nonimmigrant registration; form, manner and contents of application Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, the purpose and length of his intended stay in the United States; personal description (including height, complexion, color of hair and eyes, and marks of identification); his marital status; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed. (d) Other documentary evidence for nonimmigrant visa Every alien applying for a nonimmigrant visa and alien registration shall furnish to the consular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required. (e) Signing and verification of application Except as may be otherwise prescribed by regulations, each application required by this section shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall become the immigrant visa. The application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as may be by regulations prescribed. The issuance of a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be evidenced by a stamp placed by the consular officer in the alien's passport. (f) Confidential nature of records The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 3, Sec. 222, 66 Stat. 193; Sept. 26, 1961, Pub. L. 87-301, Sec. 6, 75 Stat. 653; Oct. 3, 1965, Pub. L. 89-236, Sec. 11(c), 79 Stat. 918; Nov. 14, 1986, Pub. L. 99-653, Sec. 6, 100 Stat. 3656; Oct. 24, 1988, Pub. L. 100-525, Sec. 8(e), 9(j), 102 Stat. 2617, 2620.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(j), substituted 'whether or not he intends' for 'whether or not be intends'. Subsecs. (b), (e). Pub. L. 100-525, Sec. 8(e), made technical correction to Pub. L. 99-653, Sec. 6. See 1986 Amendment note below. 1986 - Subsec. (b). Pub. L. 99-653, Sec. 6(a), as amended by Pub. L. 100-525, Sec. 8(e)(1), substituted 'a copy of' for 'two copies of', 'immigrant; a certified copy of' for 'immigrant; two certified copies of', 'and a certified copy of' for 'and two certified copies of', 'The copy of each' for 'One copy of each', and 'attached to the' for 'attached to each copy of the'. Subsec. (e). Pub. L. 99-653, Sec. 6(b), as amended by Pub. L. 100-525, Sec. 8(e)(2), substituted 'each application' for 'each copy of an application', 'The application for' for 'One copy of the application for', and 'the immigrant visa' for 'the immigrant visa, and the other copy shall be disposed of as may be by regulations prescribed'. 1965 - Subsec. (a). Pub L. 89-236 substituted 'an immediate relative within the meaning of section 1151 (b) of this title or a preference or special immigrant', for 'preference quota or a nonquota immigrant'. 1961 - Subsecs. (a), (c). Pub. L. 87-301 struck out requirement to state applicant's race and ethnic classification. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99-653, set out as a note under section 1201 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. -CROSS- CROSS REFERENCES Definition of the term - Alien, see section 1101(a)(3) of this title. Child, as used in subchapter III of this chapter, see section 1101(c)(1) of this title. Child, as used in this subchapter and subchapter I of this chapter, see section 1101(b)(1) of this title. Consular officer, see section 1101(a)(9) of this title. Entry, see section 1101(a)(13) of this title. Immigrant, see section 1101(a)(15) of this title. Immigrant visa, see section 1101(a)(16) of this title. Immigration laws, see section 1101(a)(17) of this title. National, see section 1101(a)(21) of this title. Nonimmigrant visas, see section 1101(a)(26) of this title. Parent, as used in subchapter III of this chapter, see section 1101(c)(2) of this title. Parent, as used in this subchapter and subchapter I of this title, see section 1101(b)(2) of this title. Passport, see section 1101(a)(30) of this title. Permits to enter, as used in section 1185, see section 1185(f) of this title. Residence, see section 1101(a)(33) of this title. Special immigrant, see section 1101(a)(27) of this title. Spouse, see section 1101(a)(35) of this title. Unmarried, see section 1101(a)(39) of this title. Detention of aliens for observation and examination, see section 1222 of this title. Registration and fingerprinting of alien applying for a visa, see section 1201 of this title. Submission of alien seeking immigrant or nonimmigrant visa to physical and mental examination, see section 1201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1201 of this title. ------DocID 11600 Document 142 of 470------ -CITE- 8 USC Sec. 1203 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Sec. 1203. Reentry permit -STATUTE- (a) Application; contents (1) Any alien lawfully admitted for permanent residence, or (2) any alien lawfully admitted to the United States pursuant to clause 6 of section 3 of the Immigration Act of 1924, between July 1, 1924, and July 5, 1932, both dates inclusive, who intends to depart temporarily from the United States may make application to the Attorney General for a permit to reenter the United States, stating the length of his intended absence or absences, and the reasons therefor. Such applications shall be made under oath, and shall be in such form, contain such information, and be accompanied by such photographs of the applicant as may be by regulations prescribed. (b) Issuance of permit; nonrenewability If the Attorney General finds (1) that the applicant under subsection (a)(1) of this section has been lawfully admitted to the United States for permanent residence, or that the applicant under subsection (a)(2) of this section has since admission maintained the status required of him at the time of his admission and such applicant desires to visit abroad and to return to the United States to resume the status existing at the time of his departure for such visit, (2) that the application is made in good faith, and (3) that the alien's proposed departure from the United States would not be contrary to the interests of the United States, the Attorney General may, in his discretion, issue the permit, which shall be valid for not more than two years from the date of issuance and shall not be renewable. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien. (c) Multiple reentries During the period of validity, such permit may be used by the alien in making one or more applications for reentry into the United States. (d) Presented and surrendered Upon the return of the alien to the United States the permit shall be presented to the immigration officer at the port of entry, and upon the expiration of its validity, the permit shall be surrendered to the Service. (e) Permit in lieu of visa A permit issued under this section in the possession of the person to whom issued, shall be accepted in lieu of any visa which otherwise would be required from such person under this chapter. Otherwise a permit issued under this section shall have no effect under the immigration laws except to show that the alien to whom it was issued is returning from a temporary visit abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 3, Sec. 223, 66 Stat. 194; Dec. 29, 1981, Pub. L. 97-116, Sec. 6, 95 Stat. 1615.) -REFTEXT- REFERENCES IN TEXT Clause (6) of section 3 of the Immigration Act of 1924, referred to in subsec. (a), which was classified to section 203(6) of this title, was repealed by section 403(a)(2) of act June 27, 1952. See section 1101(a)(15)(E) of this title. -MISC2- AMENDMENTS 1981 - Subsec. (b). Pub. L. 97-116 substituted 'two years from the date of issuance and shall not be renewable' for 'one year from the date of issuance: Provided, That the Attorney General may in his discretion extend the validity of the permit for a period or periods not exceeding one year in the aggregate'. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. -CROSS- CROSS REFERENCES Cost of maintenance not to be assessed upon arrival of alien with unexpired reentry permit, see section 1227 of this title. Definition of alien, attorney general, entry, immigration laws, immigration officer, lawfully admitted for permanent residence, and United States, see section 1101 of this title. Readmission without reentry permit of certain aliens who depart from United States temporarily, see section 1181 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1352 of this title. ------DocID 11601 Document 143 of 470------ -CITE- 8 USC Sec. 1204 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Sec. 1204. Immediate relative and special immigrant visas -STATUTE- A consular officer may, subject to the limitations provided in section 1201 of this title, issue an immigrant visa to a special immigrant or immediate relative as such upon satisfactory proof, under regulations prescribed under this chapter, that the applicant is entitled to special immigrant or immediate relative status. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 3, Sec. 224, 66 Stat. 195; Oct. 3, 1965, Pub. L. 89-236, Sec. 11(d), 79 Stat. 918.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-236 struck out reference to sections 1154 and 1155 of this title and substituted 'special immigrant or immediate relative' for 'nonquota immigrant'. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. -CROSS- CROSS REFERENCES Definition of consular officer, immigrant visa, special immigrant, see section 1101 of this title. ------DocID 11602 Document 144 of 470------ -CITE- 8 USC Sec. 1205 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part III -HEAD- Sec. 1205. Repealed. Pub. L. 87-301, Sec. 24(a)(2), Sept. 26, 1961, 75 Stat. 657 -MISC1- Section, Pub. L. 85-316, Sec. 4, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86-253, Sec. 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 86-648, Sec. 7, July 14, 1960, 74 Stat. 505, related to nonquota immigrant visas for eligible orphans. ------DocID 11603 Document 145 of 470------ -CITE- 8 USC Part IV -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part IV -HEAD- Part IV - Provisions Relating to Entry and Exclusion ------DocID 11604 Document 146 of 470------ -CITE- 8 USC Sec. 1221 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part IV -HEAD- Sec. 1221. Lists of alien and citizen passengers arriving and departing -STATUTE- (a) Shipment or aircraft manifest; arrival; form and contents; exclusions Upon the arrival of any person by water or by air at any port within the United States from any place outside the United States, it shall be the duty of the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft, having any such person on board to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests of the persons on board such vessel or aircraft. Such lists or manifests shall be prepared at such time, be in such form and shall contain such information as the Attorney General shall prescribe by regulation as being necessary for the identification of the persons transported and for the enforcement of the immigration laws. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person arriving by air on a trip originating in foreign contiguous territory, except (with respect to such arrivals by air) as may be required by regulations issued pursuant to section 1229 of this title. (b) Departure; shipment or aircraft manifest; form and contents; exclusions It shall be the duty of the master or commanding officer or authorized agent of every vessel or aircraft taking passengers on board at any port of the United States, who are destined to any place outside the United States, to file with the immigration officers before departure from such port a list of all such persons taken on board. Such list shall be in such form, contain such information, and be accompanied by such documents, as the Attorney General shall prescribe by regulation as necessary for the identification of the persons so transported and for the enforcement of the immigration laws. No master or commanding officer of any such vessel or aircraft shall be granted clearance papers for his vessel or aircraft until he or the authorized agent has deposited such list or lists and accompanying documents with the immigration officer at such port and made oath that they are full and complete as to the information required to be contained therein, except that in the case of vessels or aircraft which the Attorney General determines are making regular trips to ports of the United States, the Attorney General may, when expedient, arrange for the delivery of lists of outgoing persons at a later date. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person departing by air on a trip originating in the United States who is destined to foreign contiguous territory, except (with respect to such departure by air) as may be required by regulations issued pursuant to section 1229 of this title. (c) Record of citizens and resident aliens leaving permanently for foreign countries The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based. (d) Penalties against noncomplying shipments or aircraft If it shall appear to the satisfaction of the Attorney General that the master or commanding officer, owner, or consignee of any vessel or aircraft, or the agent of any transportation line, as the case may be, has refused or failed to deliver any list or manifest required by subsection (a) or (b) of this section, or that the list or manifest delivered is not accurate and full, such master or commanding officer, owner, or consignee, or agent, as the case may be, shall pay to the Commissioner the sum of $300 for each person concerning whom such accurate and full list or manifest is not furnished, or concerning whom the manifest or list is not prepared and sworn to as prescribed by this section or by regulations issued pursuant thereto. No vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it remains unpaid, and no such penalty shall be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the collector of customs of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty. (e) Waiver of requirements The Attorney General is authorized to prescribe the circumstances and conditions under which the list or manifest requirements of subsections (a) and (b) of this section may be waived. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 4, Sec. 231, 66 Stat. 195; Dec. 29, 1981, Pub. L. 97-116, Sec. 18(g), 95 Stat. 1620; Nov. 29, 1990, Pub. L. 101-649, title V, Sec. 543(a)(1), 104 Stat. 5057.) -MISC1- AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-649 substituted 'Commissioner the sum of $300' for 'collector of customs at the port of arrival or departure the sum of $10'. 1981 - Subsec. (d). Pub. L. 97-116 substituted 'subsection' for 'subsections'. EFFECTIVE DATE OF 1990 AMENDMENT Section 543(c) of Pub. L. 101-649 provided that: 'The amendments made by subsections (a) and (b) (amending this section and sections 1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of this title) shall apply to actions taken after the date of the enactment of this Act (Nov. 29, 1990).' EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. -CROSS- CROSS REFERENCES Bonds - Bond from nonimmigrant alien as prerequisite to admission to the United States, see section 1184 of this title. Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain physical disabilities, see section 1183 of this title. Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see section 1201 of this title. Exaction from excludable aliens applying for temporary admission, see section 1182 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of the term - Alien, see section 1101(a)(3) of this title. Attorney General, see section 1101(a)(5) of this title. Crewman, see section 1101(a)(10) of this title. Immigration laws, see section 1101(a)(10) of this title. Immigration officer, see section 1101(a)(18) of this title. National, see section 1101(a)(21) of this title. National of the United States, see section 1101(a)(22) of this title. Permanent, see section 1101(a)(31) of this title. Residence, see section 1101(a)(33) of this title. United States, see section 1101(a)(38) of this title. Unmarried, see section 1101(a)(39) of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1330 of this title. ------DocID 11605 Document 147 of 470------ -CITE- 8 USC Sec. 1222 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part IV -HEAD- Sec. 1222. Detention of aliens for observation and examination upon arrival -STATUTE- For the purpose of determining whether aliens (including alien crewmen) arriving at ports of the United States belong to any of the classes excluded by this chapter, by reason of being afflicted with any of the diseases or mental or physical defects or disabilities set forth in section 1182(a) of this title, or whenever the Attorney General has received information showing that any aliens are coming from a country or have embarked at a place where any of such diseases are prevalent or epidemic, such aliens shall be detained by the Attorney General for a sufficient time to enable the immigration officers and medical officers to subject such aliens to observation and an examination sufficient to determine whether or not they belong to the excluded classes. -SOURCE- (June 27, 1952, ch. 477, title II, ch. 4, Sec. 232, 66 Stat. 196; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(b) (title II, Sec. 206(a), formerly Sec. 206), 100 Stat. 1783-39, 1783-56, redesignated Sec. 206(a), Oct. 24, 1988, Pub. L. 100-525, Sec. 4(b)(1), 102 Stat. 2615; Oct. 30, 1986, Pub. L. 99-591, Sec. 101(b) (title II, Sec. 206), 100 Stat. 3341-39, 3341-56; Oct. 24, 1988, Pub. L. 100-525, Sec. 4(b)(2), (d), 102 Stat. 2615.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-525 amended Pub. L. 99-500 and 99-591. See 1986 Amendment note below. 1986 - Pub. L. 99-500, Sec. 101(b) (title II, Sec. 206(a), formerly Sec. 206), as redesignated and amended by Pub. L. 100-525, Sec. 4(b)(1), (2), substituted 'by the Attorney General' for 'on board the vessel or at the airport of arrival of the aircraft bringing them, unless the Attorney General directs their detention in a United States immigration station or other place specified by him at the expense of such vessel or aircraft except as otherwise provided in this chapter, as circumstances may require or justify,'. Pub. L. 99-591, Sec. 101(b) (title II, Sec. 206), a corrected version of Pub. L. 99-500, Sec. 101(b) (title II, Sec. 206(a)), was repealed by Pub. L. 100-525, Sec. 4(d), effective as of Oct. 30, 1986. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 4(b)(1), (2) of Pub. L. 100-525 effective as if included in enactment of Department of Justice Appropriation Act, 1987 (as contained in section 101(b) of Pub. L. 99-500), see section 4(c) of Pub. L. 100-525, set out as a note under section 1227 of this title. -CROSS- CROSS REFERENCES Definition of alien, attorney general, crewman, and immigration officer, see section 1101 of this title. ------DocID 11606 Document 148 of 470------ -CITE- 8 USC Sec. 1223 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part IV -HEAD- Sec. 1223. Repealed. Pub. L. 99-500, Sec. 101(b) (title II, Sec. 206(a), formerly Sec. 206), Oct. 18, 1986, 100 Stat. 1783-39, 1783-56, redesignated Sec. 206(a), and amended Pub. L. 100-525, Sec. 4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615 -MISC1- Section, act June 27, 1952, ch. 477, title II, ch. 4, Sec. 233, 66 Stat. 197, related to examinations of aliens upon arrival in the United States. Pub. L. 99-591, Sec. 101(b) (title II, Sec. 206), Oct. 30, 1986, 100 Stat. 3341-56, formerly listed as one of two laws which repealed this section, was itself repealed by Pub. L. 100-525, Sec. 4(d), Oct. 24, 1988, 102 Stat. 2615, effective as of Oct. 30, 1986. ------DocID 11607 Document 149 of 470------ -CITE- 8 USC Sec. 1224 -EXPCITE- TITLE 8 CHAPTER 12 SUBCHAPTER II Part IV -HEAD- Sec. 1224. Physical and mental examinations; appeal of findings -STATUTE- The physical and mental examination of arriving aliens (including alien crewmen) shall be made by medical officers of the United States Public Health Service, who shall conduct all medical examinations and shall certify, for the information of the immigration officers and the special inquiry officers, any physical and mental defect or disease observed by such medical officers in any such alien. If medical officers of the United States Public Health Service are not available, civil surgeons of not less than four years' professional experience may be employed for such service upon such terms as may be prescribed by the Attorney General. Aliens (including alien crewmen) arriving at ports of the United States shall be examined by at least one such medical officer or civil surgeon under such administrative regulations as the Attorney General may prescribe, and under medical regulations prepared by the Secretary of Health and Human Services. Medical officers of the United States Public Health Service who have had special training in the diagnosis of insanity and mental defects shall be detailed for duty or employed at such ports of entry as the Attorney General may designate, and such me