Title 8 USCTitle 8 Online@118-34not31 no OLRC 2023-12-19T11:23:02 USCConverter 1.7.2  Title 8 ALIENS AND NATIONALITY Current through 118-34not31    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 General Provisions [Repealed or Omitted] 1  2.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 Civil Rights [Transferred or Repealed] 41  4.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 Immigration [Transferred, Omitted, or Repealed] 100  7. Exclusion of Chinese [Omitted or Repealed] 261  8. The Cooly Trade [Repealed] 331  9. Miscellaneous Provisions [Repealed or Transferred] 351  10. Alien Registration [Repealed] 451  11. Nationality [Repealed or Transferred] 501  12.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  14. Restricting Welfare and Public Benefits for Aliens 1601  15. Enhanced Border Security and Visa Entry Reform 1701 CHAPTER 1 GENERAL PROVISIONS  1 to 18. Repealed or Omitted   These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq.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Oct. 14, 1940 section 904 of this title  Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act Apr. 9, 1866, ch. 31,  1 14 Stat. 27 section 601(a) of this title section 1401 of this title  Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S.  1995, which was revised from act May 18, 1872, ch. 172,  3 17 Stat. 134  Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119,  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,  3 41 Stat. 1250 June 2, 1924, ch. 233 43 Stat. 253 Oct. 14, 1940, ch. 876 54 Stat. 1173 act June 19, 1930, ch. 544 46 Stat. 787 May 7, 1934, ch. 221,  1 48 Stat. 667 July 23, 1947, ch. 304,  1 61 Stat. 414 act May 7, 1934, ch. 221,  2 48 Stat. 667  Section 4, relating to citizenship of Hawaiians, was from act Apr. 30, 1900, ch. 339,  4 31 Stat. 141 section 1405 of this title  Sections 5 and 5a, relating to citizenship of Puerto Ricans, were from act Mar. 2, 1917, ch. 145 39 Stat. 953 Mar. 4, 1927, ch. 503,  2 44 Stat. 1418 May 17, 1932, ch. 190 47 Stat. 158 section 1402 of this title  Section 5a1, 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a further extension of time for Puerto Ricans to become citizens in cases of misinformation regarding status, was repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1174 act May 16, 1938, ch. 225 52 Stat. 377 section 1402 of this title  Sections 5b and 5c, relating to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 44 Stat. 1234 May 17, 1932, ch. 190 47 Stat. 158 June 28, 1932, ch. 283,  5 47 Stat. 336 section 1406 of this title  Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1174 act Aug. 4, 1937, ch. 563 50 Stat. 558 section 1403 of this title Apr. 14, 1802, ch. 28,  4 2 Stat. 155 Feb. 10, 1855, ch. 71,  1 10 Stat. 604 act Mar. 2, 1907, ch. 2534 34 Stat. 1229 May 24, 1934, ch. 344,  1 48 Stat. 797 act Apr. 14, 1802, ch. 28,  4 2 Stat. 155 act Mar. 2, 1907, ch. 2534,  5 34 Stat. 1229 May 24, 1934, ch. 344,  2 48 Stat. 797 Sept. 22, 1922, ch. 411,  3(a) 42 Stat. 1022 July 3, 1930, ch. 835,  1 46 Stat. 854 Mar. 3, 1931, ch. 442,  4(a) 46 Stat. 1511 section 1435 of this title Sept. 22, 1922 act June 25, 1936, ch. 801 49 Stat. 1917 July 2, 1940, ch. 509 54 Stat. 715 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,  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,  53 70A Stat. 644 Sept. 6, 1966 Pub. L. 89554,  8 80 Stat. 632 act Mar. 3, 1865, ch. 79,  21 13 Stat. 490 Aug. 22, 1912, ch. 336,  1 37 Stat. 356 Oct. 14, 1940, ch. 876 54 Stat. 1172 Mar. 3, 1865, ch. 79,  21 13 Stat. 490 July 19, 1867, ch. 28 15 Stat. 14  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.  1999, which relates to right of expatriation, is now set out as a note under section 1481 of this title  Sections 16 to 18, relating to loss of citizenship, were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act Mar. 2, 1907, ch. 2534,  2 34 Stat. 1228 act Mar. 2, 1907, ch. 2534 34 Stat. 1228 act May 24, 1934, ch. 344,  3 48 Stat. 797 section 1481(a) of this title June 29, 1906, ch. 3592,  4(12) 34 Stat. 596 May 9, 1918, ch. 69,  1 40 Stat. 545 June 21, 1930, ch. 559 46 Stat. 791 CHAPTER 2 ELECTIVE FRANCHISE  31, 32. Transferred  Editorial Notes Codification Sections 31 and 32 were formerly transferred to sections 1971 and 1972, respectively, of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as sections 10101 and 10102, respectively, of Title 52, Voting and Elections. CHAPTER 3 CIVIL RIGHTS  41 to 43. Transferred  Editorial Notes Codification Sections 41 to 43 transferred to sections 1981 to 1983, respectively, of Title 42, The Public Health and Welfare.  44, 45. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862 Sept. 1, 1948   Section 44, act Mar. 1, 1875, ch. 114,  4 18 Stat. 336 section 243 of Title 18  Section 45, acts Mar. 1, 1875, ch. 114,  3 18 Stat. 336 May 28, 1896, ch. 252,  19 29 Stat. 184 section 243 of Title 18  46 to 51. Transferred  Editorial Notes Codification Sections 46 to 51 transferred to sections 1984 to 1987, 1989, and 1990, respectively, of Title 42, The Public Health and Welfare.  52. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992 Sept. 1, 1948   Section, R.S.  1986; acts May 28, 1896, ch. 252,  6 29 Stat. 179 Feb. 26, 1919, ch. 49,  1 40 Stat. 1182 Feb. 11, 1921, ch. 46 41 Stat. 1099  53 to 56. Transferred  Editorial Notes 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. CHAPTER 4 FREEDMEN  61 to 65. Omitted  Editorial Notes 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,  2 20 Stat. 402 Feb. 1, 1888, ch. 4,  1 25 Stat. 9 July 1, 1898, ch. 546 30 Stat. 640 Section 64, act July 1, 1902, ch. 1351 32 Stat. 556 Section 65, R.S.  2037, related to wives and children of colored soldiers. CHAPTER 5 ALIEN OWNERSHIP OF LAND  71 to 78. Transferred  Editorial Notes Codification Sections 71 to 78 transferred to sections 1501 to 1508, respectively, of Title 48, Territories and Insular Possessions.  79 to 82. Omitted  Editorial Notes 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 24 Stat. 476 act Mar. 2, 1897, ch. 363 29 Stat. 618 Mar. 3, 1887 act Mar. 9, 1888, ch. 30 25 Stat. 45  83 to 86. Transferred  Editorial Notes Codification Sections 83 to 86 transferred to sections 1509 to 1512, respectively, of Title 48, Territories and Insular Possessions. CHAPTER 6 IMMIGRATION SUBCHAPTER I IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS, AND STATIONS  100, 101. Transferred  Editorial Notes Codification Section 100 transferred to section 1551 of this title Section 101 transferred to section 1552 of this title  102. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section, acts Feb. 5, 1917, ch. 29,  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,  5(a) 63 Stat. 880  103, 103a. Omitted  Editorial Notes Codification Section 103, acts Mar. 2, 1895, ch. 177,  1 28 Stat. 780 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 10, 1933 June 14, 1940 54 Stat. 1238 Pub. L. 89554 Sept. 6, 1966 80 Stat. 378 section 1103 of this title Section 103a, act July 9, 1947, ch. 211, title II 61 Stat. 292 act June 3, 1948, ch. 400, title II 62 Stat. 316 July 5, 1946, ch. 541 60 Stat. 462 May 21, 1945, ch. 129 59 Stat. 185 June 28, 1944, ch. 294 58 Stat. 412 July 1, 1943, ch. 182 57 Stat. 288 July 2, 1942, ch. 472 56 Stat. 483 June 28, 1941, ch. 258 55 Stat. 292  104. Repealed. Dec. 17, 1943, ch. 344,  1 57 Stat. 600   Section, acts June 6, 1900, ch. 791,  1 31 Stat. 611 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 10, 1933 June 14, 1940 54 Stat. 1238  105. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section, act Feb. 5, 1917, ch. 29,  30 39 Stat. 895  106 to 106c. Repealed. Oct. 14, 1940, ch. 876 54 Stat. 1172   Sections, acts June 29, 1906, ch. 3592,  1 34 Stat. 596 Mar. 2, 1929, ch. 536 45 Stat. 1512 Apr. 19, 1934, ch. 154,  6 48 Stat. 598 June 8, 1934, ch. 429 48 Stat. 926 Aug. 7, 1939, ch. 517 53 Stat. 1243 l  107. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 637   Section, acts Aug. 18, 1894, ch. 301,  1 Aug. 1, 1914, ch. 223,  1 38 Stat. 666 June 5, 1920, ch. 235,  1 41 Stat. 936  108, 109. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 108, act Feb. 5, 1917, ch. 29,  23 39 Stat. 892 section 1103(a) of this title  Section 109, acts Feb. 5, 1917, ch. 29,  24 39 Stat. 893 June 10, 1921, ch. 18,  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  109a to 109d. Transferred  Editorial Notes Codification Sections 109a to 109c transferred to sections 1353a, 1353b, and 1353d, respectively, of this title. Section 109d, acts July 1, 1943, ch. 182 57 Stat. 288 June 28, 1944, ch. 294 58 Stat. 413 May 21, 1945, ch. 129 59 Stat. 186 July 5, 1946, ch. 541 60 Stat. 463 July 9, 1947, ch. 211 61 Stat. 292 June 3, 1948, ch. 400 62 Stat. 316 July 20, 1949, ch. 354 63 Stat. 460 Sept. 6, 1950, ch. 896 64 Stat. 618 Pub. L. 89554 Sept. 6, 1966 80 Stat. 378 section 1555 of this title  110. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section, acts Feb. 27, 1925, ch. 364 43 Stat. 1049 Aug. 7, 1946, ch. 768 60 Stat. 865 Mar. 20, 1952, ch. 108,  2 66 Stat. 26 section 1357 of this title  111. Transferred  Editorial Notes Codification Section 111 transferred to section 1554 of this title  112. Omitted  Editorial Notes Codification Section, act Mar. 4, 1915, ch. 147,  1 38 Stat. 1151 June 14, 1940 54 Stat. 1238 Pub. L. 89554 Sept. 6, 1966 80 Stat. 378 section 1103 of this title  113. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section, act Feb. 5, 1917, ch. 29,  11a 39 Stat. 882  114. Omitted  Editorial Notes Codification Section, act Aug. 15, 1919, ch. 50 41 Stat. 280 June 14, 1940 54 Stat. 1238 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. 89554 Sept. 6, 1966 80 Stat. 378  115, 116. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 115, act Feb. 5, 1917, ch. 29,  26 39 Stat. 894 section 1355(a) of this title  Section 116, act Feb. 5, 1917, ch. 29,  27 39 Stat. 894 section 1358 of this title  117, 118. Omitted  Editorial Notes Codification Section 117, acts July 12, 1943, ch. 221 57 Stat. 507 June 28, 1944, ch. 302 58 Stat. 558 section 1356(a) of this title section 220 of Title 42 act July 1, 1944, ch. 373 58 Stat. 714 July 2, 1942, ch. 475 56 Stat. 581 July 1, 1941, ch. 269 55 Stat. 481 June 26, 1940, ch. 428 54 Stat. 585 May 6, 1939, ch. 115 53 Stat. 668 Mar. 28, 1938, ch. 55 52 Stat. 133 May 14, 1937, ch. 180 50 Stat. 149 June 23, 1936, ch. 725 49 Stat. 1839 May 14, 1935, ch. 110 49 Stat. 229 Mar. 15, 1934, ch. 70 48 Stat. 435 Mar. 3, 1933, ch. 212 47 Stat. 1500 July 5, 1932, ch. 430 47 Stat. 591 Feb. 23, 1931, ch. 277 46 Stat. 1228 May 15, 1930, ch. 289 46 Stat. 347 Dec. 20, 1928, ch. 39 45 Stat. 1039 Mar. 5, 1928, ch. 126 45 Stat. 174 Jan. 26, 1927, ch. 58 44 Stat. 1038 Mar. 2, 1926, ch. 43 44 Stat. 147 Jan. 22, 1925, ch. 87 43 Stat. 775 Apr. 4, 1924, ch. 84 43 Stat. 75 Jan. 3, 1923, ch. 22 42 Stat. 1101 Section 118, act Apr. 18, 1930, ch. 184, title IV 46 Stat. 216 Jan. 25, 1929, ch. 102 45 Stat. 1137 Feb. 15, 1928, ch. 57 45 Stat. 107 Feb. 24, 1927, ch. 189 44 Stat. 1223 Apr. 29, 1926, ch. 195 44 Stat. 371 Feb. 27, 1925, ch. 364 43 Stat. 1049 May 28, 1924, ch. 204 43 Stat. 240 Jan. 5, 1923, ch. 24 42 Stat. 1127 Mar. 28, 1922, ch. 117 42 Stat. 487 June 12, 1917, ch. 27,  1 40 Stat. 170 Renumbering of Repealing Act Title XIII,  1313, formerly title VI,  611, of act July 1, 1944 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604 Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936 SUBCHAPTER II REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL  131. Omitted  Editorial Notes Codification Section, acts Feb. 14, 1903, ch. 552,  7 32 Stat. 828 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 14, 1940 54 Stat. 1238 Pub. L. 89554 Sept. 6, 1966 80 Stat. 378  132 to 13710. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 132, act Feb. 5, 1917, ch. 29,  2 39 Stat. 875 section 1351 of this title  Section 133, act Mar. 4, 1909, ch. 299,  1 35 Stat. 982 section 1356(b) of this title  Section 134, act Feb. 3, 1905, ch. 297,  1 33 Stat. 684 act Mar. 3, 1903, ch. 1012,  1 32 Stat. 1213 Mar. 3, 1903 Feb. 20, 1907, ch. 1134,  43 34 Stat. 911 Feb. 5, 1917, ch. 29,  38 39 Stat. 897  Section 135, R.S.  2164, related to State tax or charge on immigrants.  Section 136, acts Feb. 5, 1917, ch. 29,  3 39 Stat. 875 June 5, 1920, ch. 243 41 Stat. 981 Mar. 4, 1929, ch. 690,  1(d) 45 Stat. 1551 Sept. 27, 1944, ch. 418,  2 58 Stat. 746  Section 137, acts Oct. 16, 1918, ch. 186,  1 40 Stat. 1012 June 5, 1920, ch. 251 41 Stat. 1008 June 28, 1940, ch. 439 54 Stat. 673 May 25, 1948, ch. 338 62 Stat. 268 Sept. 23, 1950, ch. 1024 64 Stat. 1006  Section 1371, acts Oct. 16, 1918, ch. 186,  2 40 Stat. 1012 June 28, 1940, ch. 439 54 Stat. 673 Sept. 23, 1950, ch. 1024 64 Stat. 1006 section 1182(d)(2) of this title  Section 1372, acts Oct. 16, 1918, ch. 186,  3 40 Stat. 1012 Sept. 23, 1950, ch. 1024 64 Stat. 1006  Section 1373, act Oct. 16, 1918, ch. 186,  4 Sept. 23, 1950, ch. 1024 64 Stat. 1006  Sections 1374 to 1378, act Oct. 16, 1918, ch. 186 Sept. 23, 1950, ch. 1024 64 Stat. 1006  Section 1379, act Mar. 28, 1951, ch. 23,  1 65 Stat. 28  Section 13710, act Mar. 28, 1951, ch. 23,  2 65 Stat. 28  137a. Repealed. May 24, 1934, ch. 344,  5 48 Stat. 798   Section, act Sept. 22, 1922, ch. 411,  8 July 3, 1930, ch. 826 46 Stat. 849   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 section 136 of this title  (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 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 367370 of this title. Statutory Notes and Related Subsidiaries Savings Clause Act May 24, 1934, ch. 344,  5 48 Stat. 798  137b to 173. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Sections 137b to 137d, act Mar. 17, 1932, ch. 85 47 Stat. 67 section 1182(a) of this title  Section 138, act Feb. 5, 1917, ch. 29,  4 39 Stat. 878  Section 139, act Feb. 5, 1917, ch. 29,  5 39 Stat. 879 section 1330 of this title  Section 140, acts Oct. 19, 1888, ch. 1210,  1 25 Stat. 566 Apr. 28, 1904 33 Stat. 591 Mar. 4, 1913, ch. 141,  3 37 Stat. 737  Section 141, act Feb. 26, 1885, ch. 164,  2 23 Stat. 332  Section 142, act Feb. 5, 1917, ch. 29,  6 39 Stat. 879 section 1330 of this title  Section 143, act Feb. 5, 1917, ch. 29,  7 39 Stat. 879 section 1330 of this title  Section 144, acts Feb. 5, 1917, ch. 29,  8 39 Stat. 880 Mar. 20, 1952, ch. 108,  1 66 Stat. 26 section 1324(a) of this title  Section 145, acts Feb. 5, 1917, ch. 29,  9 39 Stat. 880 May 26, 1924, ch. 190,  26 43 Stat. 166 section 1322 of this title  Section 146, acts Feb. 5, 1917, ch. 29,  10 39 Stat. 881 May 26, 1924, ch. 190,  27 43 Stat. 167 section 1321 of this title  Section 147, act Feb. 5, 1917, ch. 27,  11 39 Stat. 881 section 1222 of this title  Section 148, acts Feb. 5, 1917, ch. 29,  12 39 Stat. 882 May 17, 1932, ch. 190 47 Stat. 158 July 30, 1947, ch. 384 61 Stat. 630  Section 149, act Feb. 5, 1917, ch. 29,  13 39 Stat. 884  Section 150, act Feb. 5, 1917, ch. 29,  14 39 Stat. 884  Section 151, acts Feb. 5, 1917, ch. 29,  15 39 Stat. 885 Dec. 19, 1944, ch. 608,  1 58 Stat. 816  Section 152, acts Feb. 5, 1917, ch. 29,  16 39 Stat. 885 July 1, 1944, ch. 373 58 Stat. 714 Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47  Section 153, act Feb. 5, 1917, ch. 29,  17 39 Stat. 887  Section 154, acts Feb. 5, 1917, ch. 29,  18 39 Stat. 887 Mar. 4, 1929, ch. 690,  1(e) 45 Stat. 1551 Dec. 19, 1944, ch. 608,  2 58 Stat. 816  Section 155, acts Feb. 5, 1917, ch. 29,  19 39 Stat. 889 June 28, 1940, ch. 439 54 Stat. 671 Dec. 8, 1942, ch. 697 56 Stat. 1044 July 1, 1948, ch. 783 62 Stat. 1206 June 28, 1940 section 155 of this title June 28, 1940  Section 155a, act Sept. 27, 1950, ch. 1052 64 Stat. 1048  Section 156, acts Feb. 5, 1917, ch. 29,  20 39 Stat. 890 July 13, 1943, ch. 230 57 Stat. 553 Sept. 23, 1950, ch. 1024 64 Stat. 1010 June 18, 1952, ch. 442 66 Stat. 138 section 1227 of this title  Section 156a, acts Feb. 18, 1931, ch. 224 46 Stat. 1171 June 28, 1940, ch. 439 54 Stat. 673 June 28, 1940 section 156a of this title June 28, 1940  Section 157, act May 10, 1920, ch. 174 41 Stat. 593  Sections 158 to 163, act Feb. 5, 1917, ch. 29 39 Stat. 891894  Section 164, act Feb. 5, 1917, ch. 29,  25 39 Stat. 893 section 1329 of this title  Section 165, act Feb. 5, 1917, ch. 29,  31 39 Stat. 895 section 1287 of this title  Section 166, acts Feb. 5, 1917, ch. 29,  34 39 Stat. 896 May 26, 1924, ch. 190,  19 43 Stat. 164  Section 167, acts May 26, 1924, ch. 190,  20(a) 43 Stat. 164 Dec. 19, 1944, ch. 608,  4 58 Stat. 817 section 1284 of this title  Section 168, act Feb. 5, 1917, ch. 29,  33 39 Stat. 896  Section 169, act Feb. 5, 1917, ch. 29,  35 39 Stat. 896 section 1285 of this title  Section 170, act Dec. 26, 1920, ch. 4 41 Stat. 1082 section 1283 of this title  Section 171, act Feb. 5, 1917, ch. 29,  36 39 Stat. 896 section 1281 of this title  Section 172, acts Mar. 3, 1893, ch. 206,  8 27 Stat. 570 Feb. 14, 1903, ch. 552,  7 32 Stat. 328 Mar. 4, 1913, ch. 141,  3 37 Stat. 737  Section 173, acts Feb. 5, 1917, ch. 29 39 Stat. 874 June 2, 1924, ch. 233 43 Stat. 253  174. Omitted  Editorial Notes Codification Section, acts Aug. 18, 1894, ch. 301,  1 28 Stat. 390 Feb. 14, 1903, ch. 552,  7 32 Stat. 828 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 14, 1940 54 Stat. 1238 Pub. L. 89554 Sept. 6, 1966 80 Stat. 378  175 to 181. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 175, act Feb. 5, 1917, ch. 29,  1 39 Stat. 874  Section 176, act Mar. 15, 1934, ch. 70,  1 48 Stat. 435 section 1356(a) of this title  Section 177, act Feb. 5, 1917, ch. 29,  29 39 Stat. 894  Section 178, act Feb. 5, 1917, ch. 29,  38 39 Stat. 897 Feb. 5, 1917  Section 179, act May 26, 1924, ch. 190,  21(b) 43 Stat. 165 section 1352(b) of this title  Section 180, acts Mar. 4, 1929, ch. 690,  1(a) 45 Stat. 1551 June 24, 1929, ch. 40 46 Stat. 41  Sections 180a to 180d, act Mar. 4, 1929, ch. 690 45 Stat. 1551  Section 181, act May 25, 1932, ch. 203,  7 47 Stat. 166 section 1326 of this title SUBCHAPTER III QUOTA AND NONQUOTA IMMIGRANTS  201 to 204. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 201, act May 26, 1924, ch. 190,  1 43 Stat. 153  Section 202, acts May 26, 1924, ch. 190,  2 43 Stat. 153 Feb. 25, 1925, ch. 316 43 Stat. 976  Section 203, acts May 26, 1924, ch. 190,  3 43 Stat. 154 July 6, 1932, ch. 434 47 Stat. 607 July 1, 1940, ch. 502,  1 54 Stat. 711 Dec. 29, 1945, ch. 652 59 Stat. 672 section 1101 of this title  Section 204, acts May 26, 1924, ch. 190,  4 43 Stat. 155 July 3, 1926, ch. 738,  1 44 Stat. 812 May 29, 1928, ch. 914 45 Stat. 1009 July 3, 1930, ch. 835,  3 46 Stat. 854 July 11, 1932, ch. 471,  1 47 Stat. 656 May 19, 1948, ch. 311,  1 62 Stat. 241 section 1101 of this title  204a, 204b. Omitted  Editorial Notes Codification Sections related to natives of Virgin Islands residing in foreign countries on June 22, 1932 act June 28, 1932, ch. 283 47 Stat. 336 section 204b of this title June 28, 1934  204c to 219. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 204c, act June 28, 1932, ch. 283,  3 47 Stat. 336  Section 204d, act June 28, 1932, ch. 283,  4 47 Stat. 336  Section 205, act May 26, 1924, ch. 190,  5 43 Stat. 155  Section 206, acts May 26, 1924, ch. 190,  6 43 Stat. 155 May 29, 1928, ch. 914,  3 45 Stat. 1009 July 11, 1932, ch. 471,  2 47 Stat. 656 May 19, 1948, ch. 311,  2 62 Stat. 241  Section 207, act May 26, 1924, ch. 190,  7 43 Stat. 156  Section 208, act May 26, 1924, ch. 190,  8 43 Stat. 156  Section 209, acts May 26, 1924, ch. 190,  9 43 Stat. 157 May 14, 1937, ch. 182,  1 50 Stat. 164  Section 210, acts May 26, 1924, ch. 190,  10 43 Stat. 158 June 3, 1948, ch. 403 62 Stat. 335  Section 211, acts May 26, 1924, ch. 190,  11 43 Stat. 159 Mar. 4, 1927, ch. 514 44 Stat. 1455 Mar. 31, 1928, ch. 306 45 Stat. 400  Section 212, act May 26, 1924, ch. 190,  12 43 Stat. 160 section 1152 of this title  Section 212a, acts Dec. 17, 1943, ch. 344,  2 57 Stat. 601 Aug. 9, 1946, ch. 945,  2 60 Stat. 975  Section 212b, act July 2, 1946, ch. 534,  4 60 Stat. 417  Section 212c, act July 2, 1946, ch. 534,  5 60 Stat. 417  Section 213, acts May 26, 1924, ch. 190,  13 43 Stat. 161 June 13, 1930, ch. 476 46 Stat. 581 May 14, 1937, ch. 182,  2 50 Stat. 165 Aug. 9, 1946, ch. 945,  1 60 Stat. 975  Section 213a, act May 14, 1937, ch. 182,  3 50 Stat. 165  Section 214, act May 26, 1924, ch. 190,  14 43 Stat. 162  Section 215, acts May 26, 1924, ch. 190,  15 43 Stat. 162 July 1, 1932, ch. 363 47 Stat. 524 July 1, 1940, ch. 502,  2 54 Stat. 711 Dec. 29, 1945, ch. 652 59 Stat. 672  Section 216, acts May 26, 1924, ch. 190,  16 43 Stat. 163 Dec. 19, 1944, ch. 608,  3 58 Stat. 817  Section 217, act May 26, 1924, ch. 190,  17 43 Stat. 163  Section 218, act May 26, 1924, ch. 190,  18 43 Stat. 164  Section 219, act May 26, 1924, ch. 190,  21(a) 43 Stat. 165  220. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862 Sept. 1, 1948   Section, act May 26, 1924, ch. 190,  22 43 Stat. 165 section 1546 of Title 18  221 to 227. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 221, act May 26, 1924, ch. 190,  23 43 Stat. 165  Section 222, act May 26, 1924, ch. 190,  24 43 Stat. 166  Section 223, act May 26, 1924, ch. 190,  25 43 Stat. 166  Section 224, acts May 26, 1924, ch. 190,  28(a) 43 Stat. 168 June 2, 1924, ch. 233 43 Stat. 253 Oct. 29, 1945, ch. 437 59 Stat. 551  Section 225, act May 26, 1924, ch. 190,  29 43 Stat. 169  Section 226, act May 26, 1924, ch. 190,  32 43 Stat. 169  Section 226a, act Apr. 2, 1928, ch. 308 45 Stat. 401  Section 227, act Dec. 27, 1922, ch. 15 42 Stat. 1065  228. Omitted  Editorial Notes Codification Section, act June 7, 1924, ch. 379 43 Stat. 669 July 1, 1924  229 to 231. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 229, acts May 19, 1921, ch. 8 42 Stat. 5 May 26, 1924, ch. 190,  30 43 Stat. 169 May 19, 1921  Section 230, Joint Res. Oct. 16, 1918, ch. 190 40 Stat. 1014  Section 231, act May 26, 1926, ch. 400 44 Stat. 657  232 to 237. Omitted  Editorial Notes Codification Sections 232 to 236, act Dec. 28, 1945, ch. 591 59 Stat. 659 Dec. 28, 1945 Section 237, act Dec. 28, 1945, ch. 591,  6 July 22, 1947, ch. 289 61 Stat. 401  238. Transferred  Editorial Notes Codification Section transferred to section 1557 of this title  239. Omitted  Editorial Notes Codification Section, acts Aug. 19, 1950, ch. 759 64 Stat. 464 Mar. 19, 1951, ch. 9 65 Stat. 6 Mar. 19, 1952 SUBCHAPTER IV ALIEN VETERANS OF WORLD WAR I  241 to 246. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Sections, act May 26, 1926, ch. 398 44 Stat. 654 CHAPTER 7 EXCLUSION OF CHINESE  Editorial Notes 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 act Apr. 27, 1904, ch. 1630,  5 33 Stat. 428 act Apr. 29, 1902, ch. 641 32 Stat. 176  261. Omitted  Editorial Notes Codification Section, acts Feb. 14, 1903, ch. 552,  7 32 Stat. 828 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 10, 1933 June 14, 1940 54 Stat. 1238 act Dec. 17, 1943, ch. 344,  1 57 Stat. 600  262 to 297. Repealed. Dec. 17, 1943, ch. 344,  1 57 Stat. 600   Sections, acts May 6, 1882, ch. 126 22 Stat. 5961 July 5, 1884, ch. 220 23 Stat. 115118 Sept. 13, 1888, ch. 1015 25 Stat. 477479 Oct. 1, 1888, ch. 1064 25 Stat. 504 May 5, 1892, ch. 60 27 Stat. 25 Nov. 3, 1893, ch. 14 28 Stat. 7 July 7, 1898 30 Stat. 751 Apr. 30, 1900, ch. 339,  1 31 Stat. 161 June 6, 1900, ch. 791,  1 31 Stat. 611 Mar. 3, 1901, ch. 845 31 Stat. 1093 Apr. 29, 1902, ch. 641 32 Stat. 176 Apr. 27, 1904, ch. 1630,  5 33 Stat. 428 Aug. 24, 1912, ch. 355,  1 37 Stat. 476  298. Omitted  Editorial Notes Codification Section, acts Mar. 17, 1894 28 Stat. 1211 Apr. 28, 1904, ch. 1762,  1 33 Stat. 478 act Dec. 17, 1943, ch. 344,  1 57 Stat. 600  299. Repealed. Dec. 17, 1943, ch. 344,  1 57 Stat. 600   Section, act June 23, 1913, ch. 3,  1 38 Stat. 65 CHAPTER 8 THE COOLY TRADE  331 to 339. Repealed. Pub. L. 93461 Oct. 20, 1974 88 Stat. 1387   Section 331, R.S.  2158, prohibited cooly trade.  Section 332, R.S.  2159; Mar. 3, 1911, ch. 231,  291 36 Stat. 1167  Section 333, R.S.  2160, related to penalty for building vessels to engage in cooly trade.  Section 334, R.S.  2161, related to punishment for engaging in cooly trade.  Section 335, R.S.  2162, excepted voluntary emigration of coolies from prohibition.  Section 336, act Mar. 3, 1875, ch. 141,  1 18 Stat. 477  Section 337, R.S.  2163, related to examination of vessels.  Section 338, act Mar. 3, 1875, ch. 141,  2 18 Stat. 477  Section 339, act Mar. 3, 1875, ch. 141,  4 18 Stat. 477 CHAPTER 9 MISCELLANEOUS PROVISIONS  351 to 416. Repealed or transferred   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 section 904 of this title  Sections 351 to 354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592,  1 34 Stat. 596 act May 9, 1918, ch. 69,  1 40 Stat. 544 section 1443 of this title  Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901,  1 45 Stat. 994 act Mar. 4, 1909, ch. 299,  1 35 Stat. 982  Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 June 29, 1906, ch. 3592,  28 34 Stat. 606 Mar. 2, 1929, ch. 536,  8 45 Stat. 1515 section 1443 of this title act May 25, 1932, ch. 203,  9 47 Stat. 166 section 1443(g) of this title act June 29, 1906, ch. 3592,  3 34 Stat. 596 Mar. 3, 1911, ch. 231,  289 36 Stat. 1167 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 25, 1936, ch. 804 49 Stat. 1921 act Mar. 2, 1917, ch. 145,  41 39 Stat. 965 act Feb. 25, 1927, ch. 192,  4 44 Stat. 1235 section 1421 of this title  Section 359, relating to racial limitation of naturalization, was from R.S.  2169 (revised from act July 14, 1870, ch. 254,  7 16 Stat. 256 Feb. 18, 1875, ch. 80,  1 18 Stat. 318 May 9, 1918, ch. 69,  2 40 Stat. 547 Jan. 8, 1943 section 703 of this title 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 54 Stat. 1172 act June 29, 1906, ch. 3592,  30 34 Stat. 606 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 act Mar. 3, 1813, ch. 42,  12 2 Stat. 811 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 54 Stat. 1172 act June 29, 1906, ch. 3592,  6 34 Stat. 598 section 1447(c) of this title  Section 363, making Chinese inadmissible to citizenship, was repealed by act Dec. 17, 1943, ch. 344,  1 57 Stat. 600 act May 6, 1882, ch. 126,  14 22 Stat. 61  Sections 364 to 366a, relating to persons inadmissible to citizenship, were repealed by act Oct. 14, 1940, ch. 876 54 Stat. 1172 act June 29, 1906, ch. 3592 34 Stat. 598 May 18, 1917, ch. 15,  2 40 Stat. 77 July 9, 1918, ch. 143,  4 40 Stat. 885 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 54 Stat. 1172 act Sept. 22, 1922, ch. 411 42 Stat. 1021 Mar. 3, 1931, ch. 442,  4(a) May 17, 1932, ch. 190 47 Stat. 158 May 24, 1934, ch. 344,  4 48 Stat. 797 section 1422 of this title section 1430 of this title  Section 368b, relating to citizenship of women born in Hawaii prior to June 14, 1900 act June 27, 1952, ch. 477, title IV,  403(a)(34) 66 Stat. 280 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 54 Stat. 1172 act Sept. 22, 1922, ch. 411 42 Stat. 1022 July 3, 1930, ch. 835,  2(a) 46 Stat. 854 Mar. 3, 1931, ch. 442,  4(a) 46 Stat. 1511 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,  4(b) 46 Stat. 1512 act Sept. 22, 1922, ch. 411,  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,  5 48 Stat. 798 act Feb. 24, 1911, ch. 151 36 Stat. 929  Sections 372 to 373 were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592,  4 34 Stat. 596 section 1421(d) of this title act Mar. 3, 1931, ch. 442,  3 46 Stat. 1511 June 29, 1906, ch. 3592,  4 34 Stat. 596 Mar. 4, 1929, ch. 683,  1 45 Stat. 1545 June 20, 1939, ch. 224,  1 53 Stat. 843 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,  1 44 Stat. 652 act June 29, 1906, ch. 3592,  4(7) May 9, 1918, ch. 69,  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,  5 48 Stat. 798 act June 29, 1906, ch. 3592,  4 34 Stat. 597  Section 375a, act July 2, 1940, ch. 512 54 Stat. 715 act June 27, 1952, ch. 477, title IV,  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,  1 49 Stat. 376 act June 29, 1906, ch. 3592,  4(8) May 9, 1918, ch. 69,  1 40 Stat. 544  Section 377, authorizing naturalization of certain aliens erroneously exercising rights and duties of citizenship prior to July 1, 1920 act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592,  4(10) May 9, 1918, ch. 69,  1 40 Stat. 545 May 25, 1932, ch. 203,  10 47 Stat. 166  Section 377a, related to naturalization of inhabitants of Virgin Islands. It was from acts Feb. 25, 1927, ch. 192,  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 54 Stat. 1172 Mar. 2, 1929, ch. 536,  4 45 Stat. 1513 May 25, 1932, ch. 203,  6 47 Stat. 166 section 729(b) of this title act June 29, 1906, ch. 3592,  36 Mar. 2, 1929, ch. 536,  9 45 Stat. 1516 section 1444 of this title act June 29, 1906, ch. 3592,  4(11) May 9, 1918, ch. 69,  1 40 Stat. 545 section 1442 of this title act June 29, 1906, ch. 3592,  4 34 Stat. 596 Mar. 2, 1929, ch. 536,  6(a) 45 Stat. 1513 June 20, 1939, ch. 224,  2 53 Stat. 843 act June 29, 1906, ch. 3592,  4 34 Stat. 596 Mar. 2, 1929, ch. 536,  5 45 Stat. 1513 Apr. 19, 1934, ch. 154,  3 48 Stat. 597 section 1455(a)(2) of this title act June 29, 1906, ch. 3592,  35 Mar. 2, 1929, ch. 536,  9 45 Stat. 1516 May 17, 1932, ch. 190 47 Stat. 158 June 29, 1906, ch. 3592,  4 34 Stat. 596 Mar. 2, 1929, ch. 536,  6b 45 Stat. 1513 June 25, 1936, ch. 811,  1 49 Stat. 1925 June 29, 1938, ch. 819 52 Stat. 1247 June 20, 1939, ch. 224,  3 53 Stat. 844 section 1448 of this title act June 25, 1936, ch. 811,  2 49 Stat. 1925 section 1427(c) of this title act Aug. 9, 1939, ch. 610 53 Stat. 1273  Section 383, relating to proof of residence by deposition, was repealed by act Mar. 2, 1929, ch. 536,  6(e) 45 Stat. 1514 act June 29, 1906, ch. 3592,  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 54 Stat. 1172 act June 29, 1906, ch. 3592,  4(7) May 9, 1918, ch. 69,  1 40 Stat. 544 May 25, 1932, ch. 203,  3 47 Stat. 165 section 1441(a)(2) of this title  Section 385, related to validation of Hawaiian jurisdiction exercised prior to Sept. 27, 1906 Apr. 30, 1900, ch. 339,  100 31 Stat. 161 May 27, 1910, ch. 258,  9 36 Stat. 448 Oct. 14, 1940, ch. 876 54 Stat. 1172  Sections 386 to 389 were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592,  4 34 Stat. 596 section 1448(b) of this title act June 29, 1906, ch. 3592,  4(9) May 9, 1918, ch. 69,  1 40 Stat. 544 act June 29, 1906, ch. 3592,  4(7) May 9, 1918, ch. 69,  1 40 Stat. 542 June 4, 1920, ch. 227,  30 41 Stat. 776 Mar. 2, 1929, ch. 536,  6(c) 45 Stat. 1514 May 17, 1932, ch. 190 47 Stat. 158 May 25, 1932, ch. 203,  2(a) 47 Stat. 165 July 30, 1937, ch. 545,  3 50 Stat. 548 act June 29, 1906, ch. 3592,  4(7) May 9, 1918, ch. 69,  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,  403(a)(37) 66 Stat. 280 act Aug. 19, 1937, ch. 698,  2 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 54 Stat. 1172 act June 29, 1906, ch. 3592 May 19, 1918, ch. 69,  1 40 Stat. 542 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 54 Stat. 1172 May 26, 1926, ch. 398,  7 44 Stat. 655 Mar. 4, 1929, ch. 683,  3 45 Stat. 1546 May 25, 1932, ch. 203,  1 47 Stat. 165 June 10, 1933 June 24, 1935, ch. 288 49 Stat. 395 Aug. 23, 1937, ch. 735 50 Stat. 743 June 21, 1939 53 Stat. 851  Sections 392e to 398 were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 24, 1935, ch. 290 49 Stat. 397 act June 29, 1906, ch. 3592,  4(7) May 9, 1918, ch. 69 40 Stat. 543 act June 29, 1906, ch. 3592 34 Stat. 598 Mar. 3, 1931, ch. 442 46 Stat. 1511  Section 398a, act May 3, 1940, ch. 183,  2 54 Stat. 178 section 1448a of this title  Sections 399 to 402 were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592,  11 34 Stat. 599 section 1447 of this title act June 8, 1926, ch. 502 44 Stat. 709 June 29, 1906, ch. 3592 Mar. 2, 1929, ch. 536,  9 45 Stat. 1515 May 25, 1932, ch. 203 47 Stat. 165 Apr. 19, 1934, ch. 154 48 Stat. 597 act Mar. 2, 1929, ch. 536,  10 45 Stat. 1516 section 1458 of this title act Apr. 19, 1934, ch. 154,  5 48 Stat. 598 section 1455 of this title June 29, 1906, ch. 3592 34 Stat. 599 June 25, 1910, ch. 401,  1 36 Stat. 829 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 12, 1917, ch. 27,  1 40 Stat. 171 Feb. 26, 1919, ch. 49 40 Stat. 1182 Feb. 11, 1921, ch. 46 41 Stat. 1099 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 June 10, 1921, ch. 18,  304 42 Stat. 24 Mar. 2, 1929, ch. 536,  7(a) 45 Stat. 1514 Apr. 19, 1934, ch. 154,  1 48 Stat. 597  Section 402a, related to disposition of fees received by clerks of courts. It was from act Mar. 2, 1929, ch. 536,  7(b) 45 Stat. 1515 June 10, 1933 section 1455(e) of this title  Sections 403 to 405 were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592 34 Stat. 601 May 9, 1918, ch. 69,  1 40 Stat. 544 June 29, 1906, ch. 3592,  15 34 Stat. 601 May 9, 1918, ch. 69,  1 40 Stat. 544 section 1451 of this title  Sections 406 and 407 validated certain certificates of naturalization. They were from acts May 9, 1918, ch. 69,  3 40 Stat. 548 June 29, 1906, ch. 3624,  1 34 Stat. 630  Sections 408 to 415 were repealed by act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592 34 Stat. 596 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 May 9, 1918, ch. 69,  3 40 Stat. 548 act June 29, 1906, ch. 3592 34 Stat. 602  Section 416, authorizing punishment of offenses against naturalization laws committed prior to May 9, 1918 act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act May 9, 1918, ch. 69,  2 40 Stat. 547 section 1101 of this title CHAPTER 10 ALIEN REGISTRATION  451 to 460. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 451, act June 28, 1940, ch. 439, title III,  30 54 Stat. 673  Section 452, act June 28, 1940, ch. 439, title III,  31 54 Stat. 673 section 1302 of this title  Section 453, act June 28, 1940, ch. 439, title III,  32 54 Stat. 674 section 1303 of this title  Section 454, act June 28, 1940, ch. 439, title III,  33 54 Stat. 674  Section 455, act June 28, 1940, ch. 439, title III,  34 54 Stat. 674 section 1304 of this title  Section 456, acts June 28, 1940, ch. 439 54 Stat. 675 Sept. 23, 1950, ch. 1024 64 Stat. 1012 section 1305 of this title  Section 457, acts June 28, 1940, ch. 439 54 Stat. 675 Oct. 13, 1941, ch. 432 55 Stat. 736 Sept. 23, 1950, ch. 1024 64 Stat. 1013 section 1306 of this title  Section 458, act June 28, 1940, ch. 439, title III,  37 54 Stat. 675 section 1306 of this title  Section 459, act June 28, 1940, ch. 439, title III,  38 54 Stat. 675  Section 460, act June 28, 1940, ch. 439, title III,  39 54 Stat. 676 Nationality Act of 1940 On October 14, 1940 l CHAPTER 11 NATIONALITY SUBCHAPTER I DEFINITIONS  501 to 504. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Sections, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1137 section 1101 of this title SUBCHAPTER II NATIONALITY AT BIRTH  601 to 605. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 601, acts Oct. 14, 1940, ch. 876 54 Stat. 1138 July 31, 1946, ch. 708 60 Stat. 721 section 1401 of this title  Sections 602 to 605, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1139  606. Transferred  Editorial Notes Codification Section transferred to section 1421 l section 1407 of this title SUBCHAPTER III NATIONALITY THROUGH NATURALIZATION  701 to 724a. Repealed. June 27, 1952, ch. 477 66 Stat. 279 Dec. 24, 1952   Section 701, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1140 section 1421 of this title  Section 702, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1140 section 1422 of this title  Section 703, acts Oct. 14, 1940, ch. 876 54 Stat. 1140 Dec. 17, 1943, ch. 344,  3 57 Stat. 601 July 2, 1946, ch. 534,  1 60 Stat. 416 Aug. 1, 1950, ch. 512,  4(b) 64 Stat. 385 section 1422 of this title  Section 704, acts Oct. 14, 1940, ch. 876 54 Stat. 1140 Sept. 23, 1950, ch. 1024 64 Stat. 1018 section 1423 of this title  Section 705, acts Oct. 14, 1940, ch. 876 54 Stat. 1141 Sept. 23, 1950, ch. 1024 64 Stat. 1013  Section 706, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1141 section 1425 of this title  Section 707, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1142  Section 708, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1143 section 1428 of this title  Section 709, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1143  Section 710, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1144 section 1430(a) of this title  Section 711, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1145 section 1430(a) of this title  Section 712, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1145 section 1430(b) of this title  Section 713, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1145 section 1431 of this title  Section 714, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1145  Section 715, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1146 section 1433 of this title  Section 716, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1146 section 1434(a) of this title  Section 717, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1146  Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1147  Section 720a, act July 2, 1940, ch. 512 54 Stat. 715  Section 721, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1148 section 1436 of this title  Section 721a, act Oct. 14, 1940, ch. 876, title I July 2, 1946, ch. 534,  2 60 Stat. 417 section 1437 of this title  Section 722, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1148 section 1402 of this title  Section 723, acts Oct. 14, 1940, ch. 876 54 Stat. 1149 Apr. 2, 1942, ch. 208 56 Stat. 198 Aug. 7, 1946, ch. 769 60 Stat. 865 Aug. 16, 1951, ch. 321,  2 65 Stat. 191 section 1438(a) of this title  Section 723a, act Oct. 14, 1940, ch. 876, title I Dec. 7, 1942, ch. 690 56 Stat. 1041 section 1440(a) of this title  Section 724, acts Oct. 14, 1940, ch. 876 54 Stat. 1149 July 2, 1946, ch. 534,  3 60 Stat. 417 section 1439 of this title  Section 724a, act Oct. 14, 1940, ch. 876, title I June 1, 1948, ch. 360,  1 62 Stat. 282 June 29, 1949, ch. 274 63 Stat. 282  724a1. Transferred  Editorial Notes Codification Section, acts June 30, 1950, ch. 443,  4 64 Stat. 316 June 27, 1952, ch. 477 66 Stat. 276 section 1440 of this title  725 to 727. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 725, acts Oct. 14, 1940, ch. 876 54 Stat. 1150 Sept. 23, 1950, ch. 1024 64 Stat. 1015 section 1441(a)(1) of this title  Section 726, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1150  Section 727, acts Oct. 14, 1940, ch. 876 54 Stat. 1150 May 16, 1947, ch. 72 61 Stat. 97 section 1443 of this title  727a. Repealed. Feb. 29, 1952, ch. 49,  3 66 Stat. 10   Section, act May 3, 1940, ch. 183,  2 54 Stat. 178 section 1448a of this title  728 to 746. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 728, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1151  Section 729, acts Oct. 14, 1940, ch. 876 54 Stat. 1152 Sept. 23, 1950, ch. 1024 64 Stat. 1015 section 1429 of this title  Section 730, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1152 section 1444 of this title  Section 731, acts Oct. 14, 1940, ch. 876 54 Stat. 1153 May 31, 1947, ch. 87,  1 61 Stat. 121 section 1445(f) of this title  Section 732, acts Oct. 14, 1940, ch. 876 54 Stat. 1154 May 31, 1947, ch. 87,  2 61 Stat. 122 June 25, 1948, ch. 656 62 Stat. 1026  Section 732a, act May 31, 1947, ch. 87,  5 61 Stat. 122 section 1445(e) of this title  Section 733, acts Oct. 14, 1940, ch. 876 54 Stat. 1156 Sept. 23, 1950, ch. 1024 64 Stat. 1016  Section 734, acts Oct. 14, 1940, ch. 876 54 Stat. 1156 May 31, 1947, ch. 87,  3 61 Stat. 122 Sept. 23, 1950, ch. 1024 64 Stat. 1016  Section 735, acts Oct. 14, 1940, ch. 876 54 Stat. 1157 May 31, 1947, ch. 87,  4 61 Stat. 122 Sept. 23, 1950, ch. 1024 64 Stat. 1017 section 1448 of this title  Section 736, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1157 section 1449 of this title  Section 737, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1158  Section 738, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1158  Section 739, acts Oct. 14, 1940, ch. 876 54 Stat. 1160 Jan. 20, 1944, ch. 2,  3 58 Stat. 4 July 23, 1947, ch. 304,  2 61 Stat. 414 section 1452 of this title  Section 740, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1160 section 1453 of this title  Section 741, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1160 section 1454 of this title  Section 742, acts Oct. 14, 1940, ch. 876 54 Stat. 1161 Jan. 20, 1944, ch. 2,  3 58 Stat. 5 Sept. 27, 1944, ch. 415 58 Stat. 745 Sept. 28, 1944, ch. 446 58 Stat. 755 Nov. 21, 1945, ch. 490 59 Stat. 585 July 1, 1947, ch. 194 61 Stat. 240 section 1455 of this title  Sections 743 to 745, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1163  Section 746, acts Oct. 14, 1940, ch. 876 54 Stat. 1163 June 25, 1948, ch. 645,  21 62 Stat. 862 section 1459 of this title  747. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862 Sept. 1, 1948   Section, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1168 section 1101 of this title SUBCHAPTER IV LOSS OF NATIONALITY  800. Transferred  Editorial Notes Codification Section, R.S.  1999, is set out as a note under section 1481 of this title  801 to 810. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 801, acts Oct. 14, 1940, ch. 876 54 Stat. 1168 Jan. 20, 1944, ch. 2,  1 58 Stat. 4 July 1, 1944, ch. 368,  1 58 Stat. 677 Sept. 27, 1944, ch. 418,  1 58 Stat. 746 section 1481(a) of this title  Section 802, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1169 section 1482 of this title  Section 803, acts Oct. 14, 1940, ch. 876 54 Stat. 1169 July 1, 1944, ch. 368,  2 58 Stat. 677  Section 804, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1170 section 1484(a) of this title  Section 805, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1170  Section 806, acts Oct. 14, 1940, ch. 876 54 Stat. 1170 Dec. 8, 1942, ch. 696 56 Stat. 1043 Dec. 24, 1942, ch. 819 56 Stat. 1085  Section 807, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1170 section 1487 of this title  Section 808, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1171 section 1488 of this title  Section 809, acts Oct. 14, 1940, ch. 876 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 section 1487 of this title  Section 810, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1171 section 1489 of this title SUBCHAPTER V MISCELLANEOUS  901 to 903. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 901, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1171 section 1501 of this title  Section 902, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1171 section 1502 of this title  Section 903, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1171 section 1503 of this title  903a, 903b. Transferred  Editorial Notes Codification Sections 903a and 903b transferred to sections 1731 and 1732, respectively, of Title 22, Foreign Relations and Intercourse.  904 to 907. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 904, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172  Section 905, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1174  Section 906, act Oct. 14, 1940, ch. 876, title I 54 Stat. 1174  Section 907, act Oct. 14, 1940, ch. 876, title I,  1 54 Stat. 1137 Editorial Notes 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 SUBCHAPTER VI NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II  1001 to 1006. Repealed. June 27, 1952, ch. 477 66 Stat. 280 Dec. 24, 1952   Section 1001, act Oct. 14, 1940, ch. 876, title III,  701 Mar. 27, 1942, ch. 199 56 Stat. 182 Dec. 22, 1944, ch. 662,  1 58 Stat. 886 Dec. 28, 1945, ch. 590,  1(c)(1) 59 Stat. 658 section 1440 of this title  Section 1002, act Oct. 14, 1940, ch. 876, title III,  702 Mar. 27, 1942, ch. 199 56 Stat. 182 Dec. 22, 1944, ch. 662,  2 58 Stat. 887 section 1440 of this title  Section 1003, act Oct. 14, 1940, ch. 876, title III,  703 Mar. 27, 1942, ch. 199 56 Stat. 183 section 1440 of this title  Section 1004, act Oct. 14, 1940, ch. 876, title III,  704 Mar. 27, 1942, ch. 199 56 Stat. 183 section 1440 of this title  Section 1005, act Oct. 14, 1940, ch. 876, title III,  705 Mar. 27, 1942, ch. 199 56 Stat. 183 section 1440 of this title  Section 1006, act Oct. 14, 1940, ch. 876, title III,  706 Dec. 28, 1945, ch. 590,  1(c)(2) 59 Stat. 658 section 1440 of this title CHAPTER 12 IMMIGRATION AND NATIONALITY    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1101. Definitions.  1102. Diplomatic and semidiplomatic immunities.  1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General.  1104. Powers and duties of Secretary of State.  1105. Liaison with internal security officers; data exchange.  1105a. Employment authorization for battered spouses of certain nonimmigrants.  1106. Repealed.  1107. Additional report.  SUBCHAPTER IIIMMIGRATION  Part ISelection System  1151. Worldwide level of immigration.  1151a. Repealed.  1152. Numerical limitations on individual foreign states.  1153. Allocation of immigrant visas.  1153a. Transparency.  1154. Procedure for granting immigrant status.  1155. Revocation of approval of petitions; effective date.  1156. Unused immigrant visas.  1157. Annual admission of refugees and admission of emergency situation refugees.  1158. Asylum.  1159. Adjustment of status of refugees.  1160. Special agricultural workers.  1161. Repealed.  Part IIAdmission Qualifications for Aliens; Travel Control of Citizens and Aliens  1181. Admission of immigrants into the United States.  1182. Inadmissible aliens.  1182a 1182c. Repealed.  1182d. Denial of visas to confiscators of American property.  1182e. Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy.  1182f. Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation.  1183. Admission of aliens on giving bond or undertaking; return upon permanent departure.  1183a. Requirements for sponsors affidavit of support.  1184. Admission of nonimmigrants.  1184a. Philippine Traders as nonimmigrants.  1185. Travel control of citizens and aliens.  1186. Transferred.  1186a. Conditional permanent resident status for certain alien spouses and sons and daughters.  1186b. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children.  1187. Visa waiver program for certain visitors.  1187a. Provision of assistance to non-program countries.  1188. Admission of temporary H2A workers.  1189. Designation of foreign terrorist organizations.  Part IIIIssuance of Entry Documents  1201. Issuance of visas.  1201a. Repealed.  1202. Application for visas.  1203. Reentry permit.  1204. Immediate relative and special immigrant visas.  1205. Repealed.  Part IVInspection, Apprehension, Examination, Exclusion, and Removal  1221. Lists of alien and citizen passengers arriving and departing.  1222. Detention of aliens for physical and mental examination.  1223. Entry through or from foreign territory and adjacent islands.  1224. Designation of ports of entry for aliens arriving by aircraft.  1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.  1225a. Preinspection at foreign airports.  1226. Apprehension and detention of aliens.  1226a. Mandatory detention of suspected terrorists; habeas corpus; judicial review.  1227. Deportable aliens.  1228. Expedited removal of aliens convicted of committing aggravated felonies.  1229. Initiation of removal proceedings.  1229a. Removal proceedings.  1229b. Cancellation of removal; adjustment of status.  1229c. Voluntary departure.  1230. Records of admission.  1231. Detention and removal of aliens ordered removed.  1232. Enhancing efforts to combat the trafficking of children.  Part VAdjustment and Change of Status  1251. Transferred.  1251a. Repealed.  1252. Judicial review of orders of removal.  1252a 1252b. Transferred or Repealed.  1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens.  1253. Penalties related to removal.  1254. Repealed.  1254a. Temporary protected status.  1254b. Collection of fees under temporary protected status program.  1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.  1255a. Adjustment of status of certain entrants before January 1, 1982  1255b. Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence.  1256. Rescission of adjustment of status; 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 VISpecial Provisions Relating to Alien Crewmen  1281. Alien crewmen.  1282. Conditional permits to land temporarily.  1283. Hospital treatment of alien crewmen afflicted with certain diseases.  1284. Control of alien crewmen.  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.  Part VIIRegistration of Aliens  1301. Alien seeking entry; contents.  1302. Registration of aliens.  1303. Registration of special groups.  1304. Forms for registration and fingerprinting.  1305. Notices of change of address.  1306. Penalties.  Part VIIIGeneral Penalty Provisions  1321. Prevention of unauthorized landing of aliens.  1322. Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; person defined.  1323. Unlawful bringing of aliens into United States.  1324. Bringing in and harboring certain aliens.  1324a. Unlawful employment of aliens.  1324b. Unfair immigration-related employment practices.  1324c. Penalties for document fraud.  1324d. Civil penalties for failure to depart.  1325. Improper entry by alien.  1326. Reentry of removed 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 IXMiscellaneous  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.  1357. Powers of immigration officers and employees.  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.  1363a. Undercover investigation authority.  1363b. Repealed.  1364. Triennial comprehensive report on immigration.  1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals.  1365a. Integrated entry and exit data system.  1365b. Biometric entry and exit data system.  1366. Annual report on criminal aliens.  1367. Penalties for disclosure of information.  1368. Increase in INS detention facilities; report on detention space.  1369. Treatment of expenses subject to emergency medical services exception.  1370. Reimbursement of States and localities for emergency ambulance services.  1371. Reports.  1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants.  1373. Communication between government agencies and the Immigration and Naturalization Service.  1374. Information regarding female genital mutilation.  1375. Repealed.  1375a. Domestic violence information and resources for immigrants and regulation of international marriage brokers.  1375b. Protections for domestic workers and other nonimmigrants.  1375c. Protections, remedies, and limitations on issuance for A3 and G5 visas.  1376. Data on nonimmigrant overstay rates.  1377. Collection of data on detained asylum seekers.  1377a. Report on aliens determined to have credible or reasonable fear of persecution or torture.  1378. Collection of data on other detained aliens.  1378a. Report on aliens detained.  1379. Technology standard to confirm identity.  1380. Maintenance of statistics by the Department of Homeland Security.  1381. Secretary of Labor report.  1382. Acceptance and administration of gifts for immigration integration grants program.  SUBCHAPTER IIINATIONALITY AND NATURALIZATION  Part INationality 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 IINationality Through Naturalization  1421. Naturalization authority.  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.  1427. Requirements of naturalization.  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 the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired.  1432. Repealed.  1433. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.  1434. Repealed.  1435. Former citizens regaining citizenship.  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.  1439. Naturalization through service in the armed forces.  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.  14401. 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.  1440a 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.  1440f. Fingerprints and other biometric information for members of the United States Armed Forces.  1440g. Provision of information on military naturalization.  1441. Constructive residence through service on certain United States vessels.  1442. Alien enemies.  1443. Administration.  1443a. Naturalization proceedings overseas for members of the Armed Forces and their spouses and children.  1444. Photographs; number.  1445. Application for naturalization; declaration of intention.  1446. Investigation of applicants; examination of applications.  1447. Hearings on denials of applications for naturalization.  1448. Oath of renunciation and allegiance.  1448a. Address to newly naturalized citizens.  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.  1452. Certificates of citizenship or U.S. non-citizen national status; procedure.  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 IIILoss of Nationality  1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions.  1482. Repealed.  1483. Restrictions on loss of nationality.  1484 1487. Repealed.  1488. Nationality lost solely from performance of acts or fulfillment of conditions.  1489. Application of treaties; exceptions.  Part IVMiscellaneous  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.  1504. Cancellation of United States passports and Consular Reports of Birth.  SUBCHAPTER IVREFUGEE ASSISTANCE  1521. Office of Refugee Resettlement; establishment; appointment of Director; functions.  1522. Authorization for programs for domestic resettlement of and assistance to refugees.  1523. Congressional reports.  1524. Authorization of appropriations.  1525. Repealed.  SUBCHAPTER VALIEN TERRORIST REMOVAL PROCEDURES  1531. Definitions.  1532. Establishment of removal court.  1533. Removal court procedure.  1534. Removal hearing.  1535. Appeals.  1536. Custody and release pending removal hearing.  1537. Custody and release after removal hearing. SUBCHAPTER I GENERAL PROVISIONS  1101. Definitions (a) As used in this chapter (1) The term administrator means the official designated by the Secretary of State pursuant to section 1104(b) of this title (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. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (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 or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality. (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) (A) The terms admission and admitted mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. (B) An alien who is paroled under section 1182(d)(5) of this title (C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien (i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings, (v) has committed an offense identified in section 1182(a)(2) of this title (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer. (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 aliens 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) (i) an alien in immediate and continuous transit through the United States, for a period not to exceed 29 days; (ii) an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District (as defined in section 4309a(e) of title 22 June 26, 1947 61 Stat. 758 (iii) an alien passing in transit through the United States to board a vessel on which the alien will perform, or to disembark from a vessel on which the alien performed, ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, for a period not to exceed 180 days; (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 (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 or the Commonwealth of the Northern Mariana Islands and solely in pursuit of his calling as a crewman and to depart from Guam or the Commonwealth of the Northern Mariana Islands with the vessel on which he arrived; or (iii) an alien crewman performing ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, who intends to land temporarily solely in pursuit of the aliens responsibilities as a crewman and to depart from the United States on the vessel on which the alien arrived or on another vessel or aircraft, for a period not to exceed 180 days; (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 the alien is a national (or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph), and the spouse and children of any such alien if accompanying or following to join such alien; (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 the alien is a national; (ii) solely to develop and direct the operations of an enterprise in which the alien has invested, or of an enterprise in which the alien is actively in the process of investing, a substantial amount of capital; or (iii) solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title (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 consistent with section 1184( l 1 1 (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 (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) Repealed. Pub. L. 10695,  2(c) Nov. 12, 1999 113 Stat. 1316 section 1182(j)(2) of this title section 1184(i)(1) of this title section 1184(i)(2) of this title section 1182(n)(1) of this title section 1184(g)(8)(A) of this title section 1184(i)(3) of this title section 1182(t)(1) of this title section 1182(m)(1) of this title section 1182(m)(2) of this title section 1182(m)(6) of this title section 3121(g) of title 26 section 203(f) of title 29 (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 (K) subject to subsections (d) and (p) 1 section 1184 of this title (i) is the fiancee or fiance of a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title (ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title section 1151(b)(2)(A)(i) of this title section 1154 of this title (iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien; (L) subject to section 1184(c)(2) of this title (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, (ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the aliens course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico; (N) (i) the parent of an alien accorded the status of special immigrant under paragraph (27)(I)(i) (or under analogous authority under paragraph (27)(L)), 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) (or under analogous authority under paragraph (27)(L)); (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; 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 production (including pre- and post-production work) 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) (a) is described in section 1184(c)(4)(A) of this title section 1184(c)(4)(B) of this title (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 or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers; (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 to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial 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 approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the aliens nationality and who will be employed under the same wages and working conditions as domestic workers; (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); (S) subject to section 1184(k) of this title (i) who the Attorney General determines (I) is in possession of critical reliable information concerning a criminal organization or enterprise; (II) is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and (III) whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or (ii) who the Secretary of State and the Attorney General jointly determine (I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (II) is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; (III) will be or has been placed in danger as a result of providing such information; and (IV) is eligible to receive a reward under section 2708(a) of title 22 and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the alien; (T) (i) subject to section 1184( o (I) is or has been a victim of a severe form of trafficking in persons, as defined in section 7102 of title 22 (II) is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking, including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking; (III) (aa) has complied with any reasonable request for assistance in the Federal, State, or local investigation or prosecution of acts of trafficking or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; (bb) in consultation with the Attorney General, as appropriate, is unable to cooperate with a request described in item (aa) due to physical or psychological trauma; or (cc) has not attained 18 years of age; and (IV) the alien 2 2 (ii) if accompanying, or following to join, the alien described in clause (i) (I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; (II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; or (III) any parent or unmarried sibling under 18 years of age, or any adult or minor children of a derivative beneficiary of the alien, as of an alien described in subclause (I) or (II) who the Secretary of Homeland Security, in consultation with the law enforcement officer investigating a severe form of trafficking, determines faces a present danger of retaliation as a result of the aliens escape from the severe form of trafficking or cooperation with law enforcement. (U) (i) subject to section 1184(p) of this title (I) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described in clause (iii); (II) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii); (III) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting criminal activity described in clause (iii); and (IV) the criminal activity described in clause (iii) violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States; (ii) if accompanying, or following to join, the alien described in clause (i) (I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or (II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and (iii) the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in section 1351 of title 18 (V) subject to section 1184(q) of this title section 1153(d) of this title section 1153(a)(2)(A) of this title section 1154 of this title December 21, 2000 (i) such petition has been pending for 3 years or more; or (ii) such petition has been approved, 3 years or more have elapsed since such filing date, and (I) an immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas under section 1153(a)(2)(A) of this title (II) the aliens application for an immigrant visa, or the aliens application for adjustment of status under section 1255 of this title (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, expulsion, or removal 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 treaty 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 62 Stat. 605 65 Stat. 76 50 U.S.C. 3803(a) (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) Repealed. Pub. L. 102232, title III,  305(m)(1) Dec. 12, 1991 105 Stat. 1750 (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 immigrants 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 September 30, 2015 3 3 (III) before September 30, 2015 3 section 501(c)(3) of title 26 (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 (i) is an employee, or an honorably retired former employee, of the United States Government abroad, or of the American Institute in Taiwan, and who has performed faithful service for a total of fifteen years, or more, and his accompanying spouse and children: Provided (ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided (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 October 1, 1979 April 1, 1979 (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 (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 (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 (iii) entered the United States as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) before January 10, 1978 (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 (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) files a petition for status under this subparagraph no later than six months after the date of such death or six months after October 24, 1988 (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 employees retirement from any such international organization, and (II) files a petition for status under this subparagraph no later than six months after the date of such retirement or six months after October 25, 1994 (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; (J) an immigrant who is present in the United States (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrants parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the aliens best interest to be returned to the aliens or parents previous country of nationality or country of last habitual residence; and (iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that (I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and (II) 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; (K) an immigrant who has served honorably on active duty in the Armed Forces of the United States after October 15, 1978 October 1, 1991 (i) 12 years and who, if separated from such service, was never separated except under honorable conditions, or (ii) 6 years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this subparagraph and who has reenlisted to incur a total active duty service obligation of at least 12 years, and the spouse or child of any such immigrant if accompanying or following to join the immigrant, but only if the executive department under which the immigrant serves or served recommends the granting of special immigrant status to the immigrant; (L) an immigrant who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause (i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty Organization (NATO); (ii) to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, or as a dependent); and (iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of 1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998 4 4 (M) subject to the numerical limitations of section 1153(b)(4) of this title (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 bearers origin, identity, and nationality if any, which is valid for the admission 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, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. (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, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. (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 persons 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 (43) The term aggravated felony means (A) murder, rape, or sexual abuse of a minor; (B) illicit trafficking in a controlled substance (as defined in section 802 of title 21 section 924(c) of title 18 (C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18 (D) an offense described in section 1956 of title 18 (E) an offense described in (i) section 842(h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses); (ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), ( o (iii)  section 5861 of title 26 (F) a crime of violence (as defined in section 16 of title 18 5 5 (G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at 5 (H) an offense described in section 875, 876, 877, or 1202 of title 18 (relating to the demand for or receipt of ransom); (I) an offense described in section 2251, 2251A, or 2252 of title 18 (relating to child pornography); (J) an offense described in section 1962 of title 18 (K) an offense that (i) relates to the owning, controlling, managing, or supervising of a prostitution business; (ii) is described in section 2421, 2422, or 2423 of title 18 (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or (iii) is described in any of sections 15811585 or 15881591 of title 18 (relating to peonage, slavery, involuntary servitude, and trafficking in persons); (L) an offense described in (i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18; (ii)  section 3121 of title 50 (iii)  section 3121 of title 50 (M) an offense that (i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or (ii) is described in section 7201 of title 26 (N) an offense described in paragraph (1)(A) or (2) of section 1324(a) of this title 6 6 (O) an offense described in section 1325(a) or 1326 of this title committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph; (P) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18 (Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more; (R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year; (S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year; (T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years imprisonment or more may be imposed; and (U) an attempt or conspiracy to commit an offense described in this paragraph. The term applies to an offense described in this paragraph whether in violation of Federal or State law and applies to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years. Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996 (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 supervisors 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. (46) The term extraordinary ability means, for purposes of subsection (a)(15)(O)(i), in the case of the arts, distinction. (47) (A) The term order of deportation means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation. (B) The order described under subparagraph (A) shall become final upon the earlier of (i) a determination by the Board of Immigration Appeals affirming such order; or (ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals. (48) (A) The term conviction means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the aliens liberty to be imposed. (B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part. (49) The term stowaway means any alien who obtains transportation without the consent of the owner, charterer, master or person in command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be considered a stowaway. (50) The term intended spouse means any alien who meets the criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB), 1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title. (51) The term VAWA self-petitioner means an alien, or a child of the alien, who qualifies for relief under (A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of this title (B) clause (ii) or (iii) of section 1154(a)(1)(B) of this title (C)  section 1186a(c)(4)(C) of this title (D) the first section of Public Law 89732 8 U.S.C. 1255 (E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 (F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or (G) section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104208 (52) The term accredited language training program means a language training program that is accredited by an accrediting agency recognized by the Secretary of Education. (b) As used in subchapters I and II (1) The term child means an unmarried person under twenty-one years of age who is (A) a child born in wedlock; (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 childs residence or domicile, or under the law of the fathers 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) a child born out of wedlock, 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) (i) 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 or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided (ii) subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years; (F) (i) 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 Provided Provided further (ii) subject to the same provisos as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 1151(b) of this title (G) (i) a child, younger than 16 years of age at the time a petition is filed on the childs behalf to accord a classification as an immediate relative under section 1151(b) of this title May 29, 1993 (I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; (II) the childs natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the childs emigration and adoption; (III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child; (IV) the Secretary of Homeland Security is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of Homeland Security may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and (V) in the case of a child who has not been adopted (aa) the competent authority of the foreign state has approved the childs emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and (bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the childs proposed residence; and (ii) except 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; or (iii) subject to the same provisos as in clauses (i) and (ii), a child who (I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); (II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and (III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 1151(b) of this title (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) and paragraph (1)(G)(i) in the case of a child born out of wedlock 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 immigration judge means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 1229a of this title (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 (1) The term child means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the childs residence or domicile, or under the law of the fathers residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431 and 1432 1 (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. 100525,  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. 97116,  2(c)(1) Dec. 29, 1981 95 Stat. 1611 (3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (10)(A) of section 1182(a) of this title section 1182(a)(2) of this title 7 7 (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)); or (9) one who at any time has engaged in conduct described in section 1182(a)(3)(E) of this title 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. In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it. (g) For the purposes of this chapter any alien ordered deported or removed (whether before or after the enactment of this chapter) who has left the United States, shall be considered to have been deported or removed 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 (1) any felony; (2) any crime of violence, as defined in section 16 of title 18 (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. (i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i) (1) the Secretary of Homeland Security, the Attorney General, and other Government officials, where appropriate, shall provide the alien with a referral to a nongovernmental organization that would advise the alien regarding the aliens options while in the United States and the resources available to the alien; and (2) the Secretary of Homeland Security shall, during the period the alien is in lawful temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and provide the alien with an employment authorized endorsement or other appropriate work permit. ( June 27, 1952, ch. 477 66 Stat. 166 Pub. L. 85316 Sept. 11, 1957 71 Stat. 639 Pub. L. 85508,  22 July 7, 1958 72 Stat. 351 Pub. L. 863,  20(a) Mar. 18, 1959 73 Stat. 13 Pub. L. 87256,  109(a) Sept. 21, 1961 75 Stat. 534 Pub. L. 87301 Sept. 26, 1961 75 Stat. 650 Pub. L. 89236 Oct. 3, 1965 79 Stat. 916 Pub. L. 89710 Nov. 2, 1966 80 Stat. 1104 Pub. L. 91225,  1 Apr. 7, 1970 84 Stat. 116 Pub. L. 94155 Dec. 16, 1975 89 Stat. 824 Pub. L. 94484, title VI,  601(b) Oct. 12, 1976 90 Stat. 2301 Pub. L. 94571,  7(a) Oct. 20, 1976 90 Stat. 2706 Pub. L. 94484, title VI,  602(c) Oct. 12, 1976 Pub. L. 9583, title III,  307(q)(3) Aug. 1, 1977 91 Stat. 395 Pub. L. 95105, title I,  109(b)(3) Aug. 17, 1977 91 Stat. 847 Pub. L. 9670, title III,  3201(a) Sept. 27, 1979 93 Stat. 496 Pub. L. 96212, title II,  201(a) Mar. 17, 1980 94 Stat. 102 Pub. L. 97116 Dec. 29, 1981 95 Stat. 1611 Oct. 30, 1984 98 Stat. 3435 Pub. L. 99505,  1 Oct. 21, 1986 100 Stat. 1806 Pub. L. 99603, title III Nov. 6, 1986 100 Stat. 3411 Pub. L. 99653 Nov. 14, 1986 100 Stat. 3655 Pub. L. 100459, title II,  210(a) Oct. 1, 1988 102 Stat. 2203 Pub. L. 100525 o Oct. 24, 1988 102 Stat. 2613 Pub. L. 100690, title VII,  7342 Nov. 18, 1988 102 Stat. 4469 Pub. L. 101162, title VI,  611(a) Nov. 21, 1989 103 Stat. 1038 Pub. L. 101238,  3(a) Dec. 18, 1989 103 Stat. 2100 Pub. L. 101246, title I,  131(b) Feb. 16, 1990 104 Stat. 31 Pub. L. 101649, title I Nov. 29, 1990 104 Stat. 4995 Pub. L. 102110,  2(a) Oct. 1, 1991 105 Stat. 555 Pub. L. 102232, title II Dec. 12, 1991 105 Stat. 1737 Pub. L. 103236, title I,  162(h)(1) Apr. 30, 1994 108 Stat. 407 Pub. L. 103322, title XIII,  130003(a) Sept. 13, 1994 108 Stat. 2024 Pub. L. 103337, div. C, title XXXVI,  3605 Oct. 5, 1994 108 Stat. 3113 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4310 Pub. L. 10451,  1 Nov. 15, 1995 109 Stat. 467 Pub. L. 104132, title IV,  440(b) Apr. 24, 1996 110 Stat. 1277 Pub. L. 104208, div. C, title I,  104(a) Sept. 30, 1996 110 Stat. 3009555 Pub. L. 10554,  1(a) Oct. 6, 1997 111 Stat. 1175 Pub. L. 105119, title I,  113 Nov. 26, 1997 111 Stat. 2460 Pub. L. 105277, div. C, title IV,  421 Oct. 21, 1998 112 Stat. 2681657 Pub. L. 105319,  2(b)(1) Oct. 30, 1998 112 Stat. 3014 Pub. L. 108449,  1(a)(3)(A) Dec. 10, 2004 118 Stat. 3470 Pub. L. 10695,  2(a) Nov. 12, 1999 113 Stat. 1312 Pub. L. 106139,  1(a) Dec. 7, 1999 113 Stat. 1696 Pub. L. 106279, title III,  302(a) Oct. 6, 2000 114 Stat. 838 Pub. L. 106386, div. A,  107(e)(1) Oct. 28, 2000 114 Stat. 1477 Pub. L. 106395, title II,  201(a)(1) Oct. 30, 2000 114 Stat. 1633 Pub. L. 106409,  2(a) Nov. 1, 2000 114 Stat. 1787 Pub. L. 106536,  1(a) Nov. 22, 2000 114 Stat. 2560 Pub. L. 106553,  1(a)(2) [title XI,  1102(a), 1103(a)] Dec. 21, 2000 114 Stat. 2762 Pub. L. 107125,  2(b) Jan. 16, 2002 115 Stat. 2403 Pub. L. 107274,  2(a) Nov. 2, 2002 116 Stat. 1923 Pub. L. 10877, title IV,  402(a)(1) Sept. 3, 2003 117 Stat. 939 Pub. L. 10899,  1 Oct. 15, 2003 117 Stat. 1176 Pub. L. 108193 Dec. 19, 2003 117 Stat. 2878 Pub. L. 108449,  1(a)(2)(B) Dec. 10, 2004 118 Stat. 3469 Pub. L. 108458, title V,  5504 Dec. 17, 2004 118 Stat. 3741 Pub. L. 10913, div. B, title V,  501(a) May 11, 2005 119 Stat. 321 Pub. L. 10990, title V,  536 Oct. 18, 2005 119 Stat. 2087 Pub. L. 109162, title VIII Jan. 5, 2006 119 Stat. 3053 Pub. L. 109248, title IV,  402(b) July 27, 2006 120 Stat. 623 Pub. L. 110229, title VII,  702(j)(1) May 8, 2008 122 Stat. 866 Pub. L. 110391,  2(a) Oct. 10, 2008 122 Stat. 4193 Pub. L. 110457, title II Dec. 23, 2008 122 Stat. 5052 Pub. L. 1119,  1 Mar. 20, 2009 123 Stat. 989 Pub. L. 11183, title V,  568(a)(1) Oct. 28, 2009 123 Stat. 2186 Pub. L. 111287,  3 Nov. 30, 2010 124 Stat. 3058 Pub. L. 111306,  1(a) Dec. 14, 2010 124 Stat. 3280 Pub. L. 112176,  3 Sept. 28, 2012 126 Stat. 1325 Pub. L. 1134, title VIII,  801 Mar. 7, 2013 127 Stat. 110 Pub. L. 11376, div. K, title VII,  7083 Jan. 17, 2014 128 Stat. 567 Pub. L. 11731, title IV,  403(a) July 30, 2021 135 Stat. 318 Pub. L. 117263, div. E, title LIX,  5902(b) Dec. 23, 2022 136 Stat. 3440 Pub. L. 117360,  2 Jan. 5, 2023 136 Stat. 6292  Amendment of Subsection (a)(15)(H)(i) For termination of amendment by section 107(c) of Pub. L. 10877 Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (b) (except par. (1)(G)(ii)), (c), and (e)(g), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 The Headquarters Agreement with the United Nations ( 61 Stat. 758 section 287 of Title 22 Section 1184( l l Pub. L. 104208, div. C, title VI,  625(a)(1) Sept. 30, 1996 110 Stat. 3009699 Pub. L. 106386, div. A,  107(e)(2)(A) Oct. 28, 2000 114 Stat. 1478 The International Organizations Immunities Act ( 59 Stat. 669 act Dec. 29, 1945, ch. 652, title I 59 Stat. 669 section 288 of Title 22 Subsection (p) of section 1184 of this title Pub. L. 108193,  8(a)(3) Dec. 19, 2003 117 Stat. 2886 Section 3(a) of the Selective Training and Service Act of 1940, as amended ( 54 Stat. 885 55 Stat. 844 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 June 30, 1967 Pub. L. 9040 81 Stat. 100 Pub. L. 92129, title I,  101(a)(1) Sept. 28, 1971 85 Stat. 348 The Immigration Technical Corrections Act of 1988, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 100525 Oct. 24, 1988 102 Stat. 2609 The Immigration and Nationality Technical Corrections Act of 1994, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103416 Oct. 25, 1994 108 Stat. 4305 The American Competitiveness and Workforce Improvement Act of 1998, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105277, div. C, title IV Oct. 21, 1998 112 Stat. 2681641 Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998, referred to in subsec. (a)(51)(E), is Pub. L. 105277, div. A,  101(h) [title IX,  902(d)(1)(B)] section 1255 of this title Section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act, referred to in subsec. (a)(51)(F), is section 202(d)(1) of Pub. L. 105100 section 1255 of this title Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (a)(51)(G), is section 309 of div. C of Pub. L. 104208 Section 1432 of this title Pub. L. 106395, title I,  103(a) Oct. 30, 2000 114 Stat. 1632 Codification September 30, 1996 section 321(b) of Pub. L. 104208 Amendments 2023Subsec. (a)(15)(C). Pub. L. 117360,  2(a) 61 Stat. 758 Subsec. (a)(15)(D)(iii). Pub. L. 117360,  2(b) Subsec. (a)(15)(E). Pub. L. 117263,  5902(b) 2021Subsec. (a)(27)(D). Pub. L. 11731 2014Subsec. (b)(1)(F)(i). Pub. L. 11376 2013Subsec. (a)(15)(T)(ii)(III). Pub. L. 1134,  1221 Subsec. (a)(15)(U)(iii). Pub. L. 1134 section 1351 of title 18 2012Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 112176 September 30, 2015 September 30, 2012 2010Subsec. (a)(15)(F)(i). Pub. L. 111306,  1(a)(1) Subsec. (a)(52). Pub. L. 111306,  1(a)(2) Subsec. (b)(1)(G). Pub. L. 111287 2009Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 11183 September 30, 2012 September 30, 2009 Pub. L. 1119 September 30, 2009 March 6, 2009 2008Subsec. (a)(15)(D)(ii). Pub. L. 110229,  702(j)(1) Subsec. (a)(15)(T)(i). Pub. L. 110457,  201(a)(1)(A) Subsec. (a)(15)(T)(i)(I). Pub. L. 110457,  201(a)(1)(B) Subsec. (a)(15)(T)(i)(II). Pub. L. 110457,  201(a)(1)(C) Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 110457,  201(a)(1)(D)(i) Subsec. (a)(15)(T)(i)(III)(cc). Pub. L. 110457,  201(a)(1)(D)(ii) Subsec. (a)(15)(T)(ii)(III). Pub. L. 110457,  201(a)(2) Subsec. (a)(15)(T)(iii). Pub. L. 110457,  201(a)(1)(E) Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 110391 March 6, 2009 October 1, 2008 Subsec. (a)(27)(J)(i). Pub. L. 110457,  235(d)(1)(A) Subsec. (a)(27)(J)(iii). Pub. L. 110457,  235(d)(1)(B)(i) Subsec. (a)(27)(J)(iii)(I). Pub. L. 110457,  235(d)(1)(B)(ii) Subsec. (a)(36), (38). Pub. L. 110229,  702(j)(2) 2006Subsec. (a)(15)(K)(i), (ii). Pub. L. 109248 section 1154(a)(1)(A)(viii)(I) of this title Subsec. (a)(15)(T)(i). Pub. L. 109162,  801(a)(1)(A) Subsec. (a)(15)(T)(i)(III)(aa). Pub. L. 109162,  801(a)(1)(B)(i) Pub. L. 109162,  801(a)(1)(B)(ii) Subsec. (a)(15)(T)(i)(IV). Pub. L. 109162,  801(a)(1)(C) Subsec. (a)(15)(T)(ii). Pub. L. 109162,  801(a)(2) (I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; and (II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien, if accompanying, or following to join, the alien described in clause (i);. Subsec. (a)(15)(T)(iii). Pub. L. 109162,  801(a)(3) Subsec. (a)(15)(U)(i). Pub. L. 109162,  801(b)(1) Subsec. (a)(15)(U)(ii). Pub. L. 109162,  801(b)(2) Subsec. (a)(51). Pub. L. 109162,  811 Subsec. (b)(1)(E)(i). Pub. L. 109162,  805(d) Subsec. (f)(3). Pub. L. 109162,  822(c)(1) Subsec. (i)(1). Pub. L. 109162,  801(c)(1) Subsec. (i)(2). Pub. L. 109162,  801(c)(2) 2005Subsec. (a)(15)(E)(iii). Pub. L. 10913 Subsec. (a)(15)(H)(ii)(a). Pub. L. 10990 section 203(f) of title 29 section 203(f) of title 29 section 3121(g) of title 26 2004Subsec. (a)(15)(Q). Pub. L. 108449,  1(b)(1) Pub. L. 108449,  1(a)(2)(B) Pub. L. 105319,  2(d)(2) Subsec. (f)(9). Pub. L. 108458 2003Subsec. (a)(15)(H)(i). Pub. L. 10877 section 1184(g)(8)(A) of this title section 1184(i)(3) of this title section 1182(t)(1) of this title Subsec. (a)(15)(T). Pub. L. 108193,  8(a)(1)(A) o Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 108193,  4(b)(1)(A) Subsec. (a)(15)(T)(ii)(I). Pub. L. 108193,  4(b)(1)(B) Subsec. (a)(15)(U). Pub. L. 108193,  8(a)(1)(A) o Subsec. (a)(15)(V). Pub. L. 108193,  8(a)(1)(D) o Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 10899 Subsec. (a)(43)(K)(iii). Pub. L. 108193,  4(b)(5) 2002Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107274,  2(a) Subsec. (a)(15)(L). Pub. L. 107125 section 1184(c)(2) of this title Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107274,  2(b) 2000Subsec. (a)(15)(K). Pub. L. 106553,  1(a)(2) [title XI,  1103(a)] Subsec. (a)(15)(T). Pub. L. 106386,  107(e)(1) Subsec. (a)(15)(U). Pub. L. 106386,  1513(b) Subsec. (a)(15)(V). Pub. L. 106553,  1(a)(2) [title XI,  1102(a)] Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106409 Subsec. (a)(27)(M). Pub. L. 106536 Subsec. (a)(50). Pub. L. 106386,  1503(a) Subsec. (b)(1)(G). Pub. L. 106279,  302(a) Subsec. (b)(2). Pub. L. 106279,  302(c) Subsec. (f). Pub. L. 106395 Subsec. (i). Pub. L. 106386,  107(e)(4) 1999Subsec. (a)(15)(H)(i)(a). Pub. L. 10695,  2(c) section 1182(m)(1) of this title section 1182(m)(2) of this title Subsec. (a)(15)(H)(i)(c). Pub. L. 10695,  2(a) Subsec. (b)(1)(E). Pub. L. 106139,  1(a)(1) Subsec. (b)(1)(F). Pub. L. 106139,  1(a)(2) Subsec. (c)(1). Pub. L. 106139,  1(b)(1) 1998Subsec. (a)(9). Pub. L. 105277,  2222(e) Subsec. (a)(15)(N). Pub. L. 105277,  421(b) Subsec. (a)(15)(Q). Pub. L. 105319,  2(e)(2) Pub. L. 108449,  1(a)(2)(B) Pub. L. 105319,  2(b)(1) Subsec. (a)(27)(L). Pub. L. 105277,  421(a) 1997Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 10554 Subsec. (a)(27)(J). Pub. L. 105119 1996Subsec. (a)(6). Pub. L. 104208,  104(a) Subsec. (a)(13). Pub. L. 104208,  301(a) Provided Subsec. (a)(15)(F)(i). Pub. L. 104208,  625(a)(2) l Subsec. (a)(15)(K). Pub. L. 104208,  308(f)(1)(A) Subsec. (a)(15)(S). Pub. L. 104208,  671(a)(3)(B) Subsec. (a)(17). Pub. L. 104208,  308(d)(4)(A) Subsec. (a)(30). Pub. L. 104208,  308(f)(1)(B) Subsec. (a)(42). Pub. L. 104208,  601(a)(1) Subsec. (a)(43). Pub. L. 104208,  321(b) September 30, 1996 Subsec. (a)(43)(A). Pub. L. 104208,  321(a)(1) Subsec. (a)(43)(D). Pub. L. 104208,  321(a)(2) Subsec. (a)(43)(F). Pub. L. 104208,  322(a)(2)(A) Pub. L. 104208,  321(a)(3) Subsec. (a)(43)(G). Pub. L. 104208,  322(a)(2)(A) Pub. L. 104208,  321(a)(3) Subsec. (a)(43)(J). Pub. L. 104208,  321(a)(4) Pub. L. 104132,  440(e)(1) Subsec. (a)(43)(K)(i). Pub. L. 104132,  440(e)(2)(A) Subsec. (a)(43)(K)(ii). Pub. L. 104208,  671(b)(5) Pub. L. 104208,  321(a)(5) Pub. L. 104132,  440(e)(2)(C) Subsec. (a)(43)(K)(iii). Pub. L. 104132,  440(e)(2)(B) Subsec. (a)(43)(L)(iii). Pub. L. 104208,  321(a)(6) Subsec. (a)(43)(M). Pub. L. 104208,  321(a)(7) Subsec. (a)(43)(N). Pub. L. 104208,  322(a)(2)(A) Pub. L. 104208,  321(a)(8) Pub. L. 104208,  321(a)(8) Pub. L. 104208,  321(a)(3) Pub. L. 104132,  440(e)(3) section 274(a)(1) of title 18 Subsec. (a)(43)(O). Pub. L. 104132,  440(e)(7) Pub. L. 104132,  440(e)(6) Pub. L. 104132,  440(e)(4) section 1546(a) of title 18 Subsec. (a)(43)(P). Pub. L. 104208,  322(a)(2)(A) Pub. L. 104208,  321(a)(9) Pub. L. 104208,  321(a)(3) Pub. L. 104132,  440(e)(4) Pub. L. 104132,  440(e)(6) Pub. L. 104132,  440(e)(5) Subsec. (a)(43)(Q). Pub. L. 104132,  440(e)(6) Subsec. (a)(43)(R). Pub. L. 104208,  321(a)(10) Pub. L. 104132,  440(e)(8) Subsec. (a)(43)(S). Pub. L. 104208,  321(a)(11) Pub. L. 104132,  440(e)(8) Subsec. (a)(43)(T). Pub. L. 104132,  440(e)(8) Subsec. (a)(43)(U). Pub. L. 104132,  440(e)(6) Subsec. (a)(47). Pub. L. 104132,  440(b) Subsec. (a)(48). Pub. L. 104208,  322(a)(1) Subsec. (a)(49). Pub. L. 104208,  361(a) Subsec. (b)(4). Pub. L. 104208,  371(a) Subsec. (c)(1). Pub. L. 104208,  671(e)(2) Subsec. (f)(3). Pub. L. 104208,  308(d)(3)(A) Subsec. (g). Pub. L. 104208,  308(e)(3) 1995Subsec. (b)(1)(A). Pub. L. 10451,  1(1)(A) Subsec. (b)(1)(D). Pub. L. 10451,  1(1)(B) Subsec. (b)(2). Pub. L. 10451,  1(2) 1994Subsec. (a)(1). Pub. L. 103236 section 1104(b) of this title Subsec. (a)(15)(S). Pub. L. 103322 Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103416,  214 Subsec. (a)(27)(D). Pub. L. 103416,  201 Subsec. (a)(27)(F)(ii). Pub. L. 103337 Subsec. (a)(27)(I)(iii)(II). Pub. L. 103416,  202 January 1, 1993 October 24, 1988 Subsec. (a)(27)(J)(i). Pub. L. 103416,  219(a) Subsec. (a)(43). Pub. L. 103416,  222(a) section 802 of title 21 section 924(c)(2) of title 18 section 1956 of title 18 section 16 of title 18 1991Subsec. (a)(15)(D)(i). Pub. L. 102232,  309(b)(1) Subsec. (a)(15)(H)(i)(b). Pub. L. 102232,  303(a)(7)(A) Pub. L. 102232,  303(a)(5)(A) section 1182(j)(2) of this title Pub. L. 102232,  207(b) section 1184(i)(1) of this title section 1184(i)(2) of this title Subsec. (a)(15)(O)(i). Pub. L. 102232,  205(b) Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102232,  205(c) Subsec. (a)(15)(P)(i). Pub. L. 102232,  203(a) (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;. Subsec. (a)(15)(P)(ii)(II). Pub. L. 102232,  206(b) Subsec. (a)(15)(P)(iii)(II). Pub. L. 102232,  206(d) Subsec. (a)(15)(Q). Pub. L. 102232,  303(a)(14) Subsec. (a)(24). Pub. L. 102232,  305(m)(1) Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102232,  302(e)(8)(A) Subsec. (a)(27)(K). Pub. L. 102110 Subsec. (a)(43). Pub. L. 102232,  306(a)(1) Subsec. (a)(46). Pub. L. 102232,  205(a) Subsec. (c)(1). Pub. L. 102232,  309(b)(4) 1990Subsec. (a)(15)(D)(i). Pub. L. 101649,  203(c) section 1288(a) of this title Subsec. (a)(15)(E)(i). Pub. L. 101649,  204(a) Subsec. (a)(15)(H). Pub. L. 101649,  205(e)(1) Subsec. (a)(15)(H)(i)(a). Pub. L. 101649,  162(f)(2)(A) Subsec. (a)(15)(H)(i)(b). Pub. L. 101649,  205(c)(1) section 1184(i)(1) of this title section 1184(i)(2) of this title section 1182(n)(1) of this title Subsec. (a)(15)(H)(ii). Pub. L. 101649,  205(e)(2) Subsec. (a)(15)(H)(iii). Pub. L. 101649,  205(e)(4) Pub. L. 101649,  205(d) Subsec. (a)(15)(L). Pub. L. 101649,  206(c) Subsec. (a)(15)(O), (P). Pub. L. 101649,  207(a) Subsec. (a)(15)(Q). Pub. L. 101649,  208 Subsec. (a)(15)(R). Pub. L. 101649,  209(a) Subsec. (a)(27)(C). Pub. L. 101649,  151(a) Subsec. (a)(27)(J). Pub. L. 101649,  153(a) Subsec. (a)(36). Pub. L. 101649,  407(a)(2) section 1421(a) of this title Subsec. (a)(43). Pub. L. 101649,  501(a)(6) Pub. L. 101649,  501(a)(5) Pub. L. 101649,  501(a)(4) Pub. L. 101649,  501(a)(3) section 1956 of title 18 section 16 of title 18 Pub. L. 101649,  501(a)(2) section 802 of title 21 Pub. L. 101649,  501(a)(1) Subsec. (a)(44). Pub. L. 101649,  123 Subsec. (a)(45). Pub. L. 101649,  204(c) Subsec. (f)(3). Pub. L. 101649,  603(a)(1)(A) Pub. L. 101649,  603(a)(1)(B) section 1182(a)(2) of this title section 1182(a) of this title Subsec. (f)(8). Pub. L. 101649,  509(a) Subsec. (h). Pub. L. 101649,  603(a)(1)(C) Pub. L. 101246 1989Subsec. (a)(15)(H)(i). Pub. L. 101238 Subsec. (b)(2). Pub. L. 101162 1988Subsec. (a)(15)(J). Pub. L. 100525,  9(a)(1) Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100525,  2 o October 24, 1988 November 6, 1986 Subsec. (a)(38). Pub. L. 100525,  9(a)(2) section 1452 of this title Subsec. (a)(43). Pub. L. 100690 Subsec. (b)(2). Pub. L. 100459 Subsec. (c)(1). Pub. L. 100525,  8(b) Pub. L. 99653,  3 Subsec. (d). Pub. L. 100525,  9(a)(3) 1986Subsec. (a)(15)(D). Pub. L. 99505 Subsec. (a)(15)(H). Pub. L. 99603,  301(a) section 3121(g) of title 26 section 203(f) of title 29 Subsec. (a)(15)(N). Pub. L. 99603,  312(b) Subsec. (a)(27)(I). Pub. L. 99603,  312(a) Subsec. (b)(1)(D). Pub. L. 99603,  315(a) Subsec. (b)(1)(E). Pub. L. 99653,  2 Subsec. (c)(1). Pub. L. 99653,  3 Pub. L. 100525,  8(b) Nov. 14, 1986 1984Subsec. (a)(9). Priv. L. 9847 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. 1981Subsec. (a)(15)(F). Pub. L. 97116 Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97116,  18(a)(2) Subsec. (a)(15)(M). Pub. L. 97116,  2(a)(2) Subsec. (a)(27)(H). Pub. L. 97116,  5(d)(1) Subsec. (a)(33). Pub. L. 97116,  18(a)(3) Subsec. (b)(1)(A), (B). Pub. L. 97116,  18(a)(5)(A) Subsec. (b)(1)(C). Pub. L. 97116,  18(a)(5)(B) Subsec. (b)(1)(E). Pub. L. 97116 Subsec. (b)(1)(F). Pub. L. 97116,  2(b) Subsec. (f). Pub. L. 97116,  2(c) section 1182(a) of this title section 1182(a) of this title 1980Subsec. (a)(42). Pub. L. 96212 1979Subsec. (a)(27)(E) to (G). Pub. L. 9670 1977Subsec. (a)(1). Pub. L. 95105 Subsec. (a)(41). Pub. L. 9583 1976Subsec. (a)(15)(H)(i). Pub. L. 94484,  601(b)(1) Subsec. (a)(15)(H)(ii). Pub. L. 94484,  601(b)(2) Subsec. (a)(15)(H)(iii). Pub. L. 94484,  601(b)(3) Subsec. (a)(15)(J). Pub. L. 94484,  601(b)(4) section 1182(j) of this title Subsec. (a)(27). Pub. L. 94571 section 1182(a)(14) of this title Subsec. (a)(41). Pub. L. 94484,  601(e) 1975Subsec. (b)(1)(F). Pub. L. 94155 1970Subsec. (a)(15)(H). Pub. L. 91225,  1(a) Subsec. (a)(15)(K), (L). Pub. L. 91225,  1(b) 1966Subsec. (a)(38). Pub. L. 89710 section 1452 of this title 1965Subsec. (a)(27). Pub. L. 89236,  8(a) Subsec. (a)(32). Pub. L. 89236,  8(b) Subsec. (b)(1)(F). Pub. L. 89236,  8(c) Subsec. (b)(6). Pub. L. 89236,  24 1961Subsec. (a)(15). Pub. L. 87256 Subsec. (b)(1)(F). Pub. L. 87301,  2 Subsec. (b)(6). Pub. L. 87301,  1 Subsec. (d)(1). Pub. L. 87301,  7(a) June 25, 1950 July 1, 1955 Subsec. (d)(2). Pub. L. 87301,  7(b) 1959Subsec. (a)(36). Pub. L. 863 1958Subsec. (a)(36). Pub. L. 85508 1957Subsec. (b)(1). Pub. L. 85316 Statutory Notes and Related Subsidiaries  Change of Name Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of Title 22 May 24, 2018 Aug. 22, 2018 Effective Date of 2021 Amendment Pub. L. 11731, title IV,  403(d) July 30, 2021 135 Stat. 319 The amendments made by this section [amending this section and provisions set out as notes under this section and section 1157 of this title June 30, 2021 Effective Date of 2010 Amendment Pub. L. 111306,  1(b) Dec. 14, 2010 124 Stat. 3280  (1)  In general Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall (A) take effect on the date that is 180 days after the date of the enactment of this Act [ Dec. 14, 2010 (B) apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) (2)  Temporary exception. (A)  In general Notwithstanding section 101(a)(15)(F)(i) of the Immigration and Nationality Act, as amended by subsection (a), during the 3-year period beginning on the date of the enactment of this Act, an alien seeking to enter the United States to pursue a course of study at a language training program that has been certified by the Secretary of Homeland Security and has not been accredited or denied accreditation by an entity described in section 101(a)(52) of such Act [ 8 U.S.C. 1101(a)(52) (B)  Additional requirement An alien may not be granted a nonimmigrant visa under subparagraph (A) if the sponsoring institution of the language training program to which the alien seeks to enroll does not (i) submit an application for the accreditation of such program to a regional or national accrediting agency recognized by the Secretary of Education within 1 year after the date of the enactment of this Act; and (ii) comply with the applicable accrediting requirements of such agency. Pub. L. 111287,  4 Nov. 30, 2010 124 Stat. 3059  (a)  In General Except as provided in subsection (b), the amendments made by this Act [amending this section and section 1182 of this title Nov. 30, 2010 (b)  Exception An alien who is described in section 101(b)(1)(G)(iii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(b)(1)(G)(iii) April 1, 2008 8 U.S.C. 1151(b) Effective Date of 2008 Amendment Pub. L. 110457, title II,  201(f) Dec. 23, 2008 122 Stat. 5054  The amendments made by this section [amending this section and sections 1184 and 1255 of this title] shall (1) take effect on the date of enactment of the Act [ Dec. 23, 2008 (2) apply to applications for immigration benefits filed on or after such date. Pub. L. 110391,  2(d) Oct. 10, 2008 122 Stat. 4193 The amendments made by subsection (a) [amending this section] shall take effect on the date that the Secretary of Homeland Security submits the certification described in subsection (b)(2) [set out as a note below] stating that the final regulations required by subsection (b)(1) [set out as a note below] have been issued and are in effect [Notice that the regulations have been issued and are in effect Nov. 26, 2008 Nov. 26, 2008 Amendment by Pub. L. 110229 section 1806 of Title 48 section 705(b) of Pub. L. 110229 section 1806 of Title 48 Effective Date of 2006 Amendment Pub. L. 109162, title VIII,  822(c)(2) Jan. 5, 2006 119 Stat. 3063 The amendment made by paragraph (1) [amending this section] shall be effective as if included in section 603(a)(1) of the Immigration Act of 1990 ( Public Law 101649 104 Stat. 5082 Effective and Termination Dates of 2003 Amendment Pub. L. 10899,  2 Oct. 15, 2003 117 Stat. 1176 The amendment made by section 1 [amending this section] shall take effect on October 1, 2003 Amendment by Pub. L. 10877 Jan. 1, 2004 section 107 of Pub. L. 10877 section 3805 of Title 19 Effective Date of 2000 Amendment Pub. L. 106553,  1(a)(2) [title XI,  1102(e)] Dec. 21, 2000 114 Stat. 2762 The amendments made by this section [amending this section and sections 1184 and 1255 of this title] shall take effect on the date of the enactment of this Act [ Dec. 21, 2000 8 U.S.C. 1154 Pub. L. 106553,  1(a)(2) [title XI,  1103(d)] Dec. 21, 2000 114 Stat. 2762 The amendments made by this section [amending this section and sections 1184, 1186a, and 1255 of this title] shall take effect on the date of the enactment of this Act [ Dec. 21, 2000 8 U.S.C. 1154 Pub. L. 106409,  2(b) Nov. 1, 2000 114 Stat. 1787 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2000 Pub. L. 106395, title II,  201(a)(2) Oct. 30, 2000 114 Stat. 1633 The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104208 110 Stat. 3009546 8 U.S.C. 1101 September 30, 1996 Amendment by Pub. L. 106279 Apr. 1, 2008 Pub. L. 106279 section 14901 of Title 42 Effective Date of 1999 Amendment Amendment by Pub. L. 10695 Dec. 20, 2006 section 2(e) of Pub. L. 10695 section 1182 of this title Effective Date of 1998 Amendment Amendment by section 2(e)(2) of Pub. L. 105319 Oct. 1, 2008 section 2(e)(2) of Pub. L. 105319 Effective Date of 1997 Amendment Pub. L. 105139,  1(f) Dec. 2, 1997 111 Stat. 2645  The amendments made by this section [amending provisions set out as notes under this section and sections 1151, 1153, and 1255 of this title] (1) shall take effect upon the enactment of the Nicaraguan Adjustment and Central American Relief Act [title II of Pub. L. 105100 Nov. 19, 1997 (2) shall be effective as if included in the enactment of such Act. Pub. L. 10554,  1(b) Oct. 6, 1997 111 Stat. 1175 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Oct. 6, 1997 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title I,  104(b) Sept. 30, 1996 110 Stat. 3009556 Pub. L. 105277, div. A,  101(b) [title IV,  410(c)] Oct. 21, 1998 112 Stat. 268150 Pub. L. 107173, title VI,  601 May 14, 2002 116 Stat. 564  (1)  Clause a Clause (A) of the sentence added by the amendment made by subsection (a) [amending this section] shall apply to documents issued on or after 18 months after the date of the enactment of this Act [ Sept. 30, 1996 (2)  Clause b Clause (B) of such sentence shall apply to cards presented on or after 6 years after the date of the enactment of this Act. Pub. L. 104208, div. C, title III,  309 Sept. 30, 1996 110 Stat. 3009625 Pub. L. 104302,  2(2) Oct. 11, 1996 110 Stat. 3657 Pub. L. 105100, title II Nov. 19, 1997 111 Stat. 21962199 Pub. L. 105139,  1(c) Dec. 2, 1997 111 Stat. 2644 Pub. L. 106386, div. B, title V Oct. 28, 2000 114 Stat. 1527 Pub. L. 106554,  1(a)(4) [div. B, title XV,  1505(c)] Dec. 21, 2000 114 Stat. 2763  (a)  In General Except as provided in this section and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division [amending sections 1225, 1227, and 1251 of this title, enacting provisions set out as notes under sections 1225, 1226, 1227, and 1252 of this title, and repealing provisions set out as a note under section 1225 of this title Pub. L. 104208 Sept. 30, 1996 (b)  Promulgation of Regulations The Attorney General shall first promulgate regulations to carry out this subtitle by not later than 30 days before the title IIIA effective date. (c)  Transition for Certain Aliens. (1)  General rule that new rules do not apply Subject to the succeeding provisions of this subsection, in the case of an alien who is in exclusion or deportation proceedings before the title IIIA effective date (A) the amendments made by this subtitle shall not apply, and (B) the proceedings (including judicial review thereof) shall continue to be conducted without regard to such amendments. (2)  Attorney general option to elect to apply new procedures In a case described in paragraph (1) in which an evidentiary hearing under section 236 or 242 and 242B of the Immigration and Nationality Act [ 8 U.S.C. 1226 8 U.S.C. 1221 8 U.S.C. 1225 8 U.S.C. 1229 (3)  Attorney general option to terminate and reinitiate proceedings In the case described in paragraph (1), the Attorney General may elect to terminate proceedings in which there has not been a final administrative decision and to reinitiate proceedings under chapter 4 of title II [of] the Immigration and Nationality Act [ 8 U.S.C. 1221 (4)  Transitional changes in judicial review In the case in which a final order of exclusion or deportation is entered more than 30 days after the date of the enactment of this Act [ Sept. 30, 1996 8 U.S.C. 1105a (A) in the case of judicial review of a final order of exclusion, subsection (b) of such section shall not apply and the action for judicial review shall be governed by the provisions of subsections (a) and (c) of such [section] in the same manner as they apply to judicial review of orders of deportation; (B) a court may not order the taking of additional evidence under section 2347(c) of title 28 (C) the petition for judicial review must be filed not later than 30 days after the date of the final order of exclusion or deportation; (D) the petition for review shall be filed with the court of appeals for the judicial circuit in which the administrative proceedings before the special inquiry officer or immigration judge were completed; (E) there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the Immigration and Nationality Act [8 U.S.C. former 1182(c), 1182(h), (i), former 1254, 1255] (as in effect as of the date of the enactment of this Act [ Sept. 30, 1996 (F) service of the petition for review shall not stay the deportation of an alien pending the courts decision on the petition, unless the court orders otherwise; and (G) there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in section 212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(2) (5)  Transitional rules with regard to suspension of deportation. (A)  In general Subject to subparagraphs (B) and (C), paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act [ 8 U.S.C. 1229b(d)(1) 8 U.S.C. 1252b(a)(1) Sept. 30, 1996 (B)  Exception for certain orders In any case in which the Attorney General elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this subsection, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act [ 8 U.S.C. 1229b(d)(1) April 1, 1997 (C)  Special rule for certain aliens granted temporary protection from deportation and for battered spouses and children. (i)  In general For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration and Nationality Act [former 8 U.S.C. 1254(a) 8 U.S.C. 1229b 8 U.S.C. 1101(a) (I) was not apprehended after December 19, 1990 (aa) a Salvadoran national who first entered the United States on or before September 19, 1990 October 31, 1991 October 31, 1991 (bb) a Guatemalan national who first entered the United States on or before October 1, 1990 December 31, 1991 (II) is a Guatemalan or Salvadoran national who filed an application for asylum with the Immigration and Naturalization Service on or before April 1, 1990 (III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1101(b)(1) (IV) is the unmarried son or daughter of an alien parent, at the time a decision is rendered to suspend the deportation, or cancel the removal, of such alien parent, if (aa) the alien parent has been determined to be described in this clause (excluding this subclause and subclause (III)); and (bb) in the case of a son or daughter who is 21 years of age or older at the time such decision is rendered, the son or daughter entered the United States on or before October 1, 1990 (V) is an alien who entered the United States on or before December 31, 1990 December 31, 1991 (VI) is an alien who was issued an order to show cause or was in deportation proceedings before April 1, 1997 8 U.S.C. 1254(a)(3) Sept. 30, 1996 (VII) (aa) was the spouse or child of an alien described in subclause (I), (II), or (V) (AA) at the time at which a decision is rendered to suspend the deportation or cancel the removal of the alien; (BB) at the time at which the alien filed an application for suspension of deportation or cancellation of removal; or (CC) at the time at which the alien registered for benefits under the settlement agreement in American Baptist Churches, et. al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum; and (bb) the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien described in subclause (I), (II), or (V). (ii)  Limitation on judicial review A determination by the Attorney General as to whether an alien satisfies the requirements of clause (i) is final and shall not be subject to review by any court. Nothing in the preceding sentence shall be construed as limiting the application of section 242(a)(2)(B) of the Immigration and Nationality Act [ 8 U.S.C. 1252(a)(2)(B) (iii)  Consideration of petitions In acting on a petition filed under subclause (VII) of clause (i) the provisions set forth in section 204(a)(1)(H) [probably means section 204(a)(1)(H) of the Immigration and Nationality Act, which is classified to section 1154(a)(1)(H) of this title (iv)  Residence with spouse or parent not required For purposes of the application of clause (i)(VII), a spouse or child shall not be required to demonstrate that he or she is residing with the spouse or parent in the United States. (6)  Transition for certain family unity aliens The Attorney General may waive the application of section 212(a)(9) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(9) Pub. L. 101649 section 1255a of this title (7)  Limitation on suspension of deportation After April 1, 1997 8 U.S.C. 1254 8 U.S.C. 1229b(e) (d)  Transitional References For purposes of carrying out the Immigration and Nationality Act [ 8 U.S.C. 1101 (1) any reference in section 212(a)(1)(A) of such Act [ 8 U.S.C. 1182(a)(1)(A) (2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of deportation. (e)  Transition No period of time before the date of the enactment of this Act [ Sept. 30, 1996 8 U.S.C. 1182(a)(6)(B)(i) (f)  Special Rule for Cancellation of Removal. (1)  In general Subject to the provisions of the Immigration and Nationality Act [ 8 U.S.C. 1101 8 U.S.C. 1229b(b)(1) 8 U.S.C. 1252(a)(2)(B) (A) the alien (i) is not inadmissible or deportable under paragraph (2) or (3) of section 212(a) or paragraph (2), (3), or (4) of section 237(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(2) 8 U.S.C. 1231(b)(3)(B)(i) (ii) has been physically present in the United States for a continuous period of not less than 7 years immediately preceding the date of such application; (iii) has been a person of good moral character during such period; and (iv) establishes that removal would result in extreme hardship to the alien or to the aliens spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or (B) the alien (i) is inadmissible or deportable under section 212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or 237(a)(3) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(2) (ii) is not an alien described in section 241(b)(3)(B)(i) or 101(a)(43) of such Act [ 8 U.S.C. 1231(b)(3)(B)(i) (iii) has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for removal; (iv) has been a person of good moral character during such period; and (v) establishes that removal would result in exceptional and extremely unusual hardship to the alien or to the aliens spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. (2)  Treatment of certain breaks in presence Section 240A(d)(2) [ 8 U.S.C. 1229b(d)(2) (g)  Motions To Reopen Deportation or Removal Proceedings Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an aliens conviction of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) Pub. L. 105100 Nov. 19, 1997 (h)  Relief and Motions to Reopen. (1)  Relief An alien described in subsection (c)(5)(C)(i) who is otherwise eligible for (A) suspension of deportation pursuant to section 244(a) of the Immigration and Nationality Act [ 8 U.S.C. 1254a(a) (B) cancellation of removal, pursuant to section 240A(b) of the Immigration and Nationality Act [ 8 U.S.C. 1229b(b) shall not be barred from applying for such relief by operation of section 241(a)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1231(a)(5) (2)  Additional motion to reopen permitted Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an aliens conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) Dec. 21, 2000 (3)  Construction Nothing in this subsection shall preclude an alien from filing a motion to reopen pursuant to section 240(b)(5)(C)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1229a(b)(5)(C)(ii) 8 U.S.C. 1252b(c)(3)(B) [ Pub. L. 106386, div. B, title V,  1506(b)(4) Oct. 28, 2000 114 Stat. 1528 The amendments made by paragraph (3) [amending section 309 of Pub. L. 104208 Pub. L. 104208 8 U.S.C. 1101 [ Pub. L. 106386, div. B,  1510(c) Oct. 28, 2000 114 Stat. 1532 The amendments made by subsections (a) [amending section 202 of Pub. L. 105100 section 1255 of this title section 309 of Pub. L. 104208 8 U.S.C. 1255 Public Law 105100 [ Pub. L. 105100, title II,  203(f) Nov. 19, 1997 111 Stat. 2200 The amendments made by this section to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [amending section 309 of Pub. L. 104208 [ Pub. L. 104302,  2 Oct. 11, 1996 110 Stat. 3657 section 309 of Pub. L. 104208 Sept. 30, 1996 Pub. L. 104208, div. C, title III,  321(c) Sept. 30, 1996 110 Stat. 3009628 The amendments made by this section [amending this section] shall apply to actions taken on or after the date of the enactment of this Act [ Sept. 30, 1996 8 U.S.C. 1326(b) Pub. L. 104208, div. C, title III,  322(c) Sept. 30, 1996 110 Stat. 3009629 The amendments made by subsection (a) [amending this section and section 1182 of this title Sept. 30, 1996 8 U.S.C. 1229a(c)(3)(B) Pub. L. 104208, div. C, title III,  361(b) Sept. 30, 1996 110 Stat. 3009645 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title III,  371(d)(1) Sept. 30, 1996 110 Stat. 3009646 Subsections (a) and (b) [amending this section and sections 1105a, 1159, 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this title] shall take effect on the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title V,  591 Sept. 30, 1996 110 Stat. 3009688 Except as provided in this title [enacting sections 1369 to 1371 and 1623 and 1624 of this title, amending sections 1182, 1183, 1183a, 1612, 1631, 1632, 1641, and 1642 of this title, section 506 of Title 18 section 1091 of Title 20 section 1183a of this title Sept. 30, 1996 Pub. L. 104208, div. C, title VI,  625(c) Sept. 30, 1996 110 Stat. 3009700 The amendments made by subsection (a) [amending this section and section 1184 of this title 8 U.S.C. 1101(a)(15)(F) Sept. 30, 1996 Pub. L. 104208, div. C, title VI,  671(a)(7) Sept. 30, 1996 110 Stat. 3009721 The amendments made by this subsection [amending this section, sections 1184, 1251, 1255, 1258, and 1324 of this title, and provisions set out as a note under section 1252 of this title Pub. L. 103322 Pub. L. 104208, div. C, title VI,  671(b)(14) Sept. 30, 1996 110 Stat. 3009722 Except as otherwise provided in this subsection [amending this section and sections 1252a, 1255b, 1323, 1356, and 1483 of this title, enacting provisions set out as notes under sections 1161 and 1433 of this title, and amending provisions set out as notes under this section and sections 1255a, 1323, and 1401 of this title], the amendments made by this subsection shall take effect as if included in the enactment of INTCA [ Pub. L. 103416 Pub. L. 104132, title IV,  440(f) Apr. 24, 1996 110 Stat. 1278 The amendments made by subsection (e) [amending this section] shall apply to convictions entered on or after the date of the enactment of this Act [ Apr. 24, 1996 Pub. L. 103416 Effective Date of 1994 Amendments Pub. L. 103416, title II,  219(dd) Oct. 25, 1994 108 Stat. 4319 Except as otherwise specifically provided in this section, the amendments made by this section [amending this section and sections 1151, 1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a, 1255, 1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c, 1330, 1356, 1421, 1424, 1444, 1449, and 1522 of this title, repealing section 1161 of this title section 1288 of this title Pub. L. 101649 Pub. L. 103416, title II,  222(b) Oct. 25, 1994 108 Stat. 4322 The amendments made by this section [amending this section] shall apply to convictions entered on or after the date of enactment of this Act [ Oct. 25, 1994 Amendment by Pub. L. 103236 Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 Effective Date of 1991 Amendment Pub. L. 102232, title II,  208 Dec. 12, 1991 105 Stat. 1742 The provisions of, and amendments made by, this title [amending this section and section 1184 of this title section 1184 of this title April 1, 1992 Pub. L. 102232, title III,  302(e)(8) Dec. 12, 1991 105 Stat. 1746 Pub. L. 101649 Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649 Pub. L. 102232, title III,  310 Dec. 12, 1991 105 Stat. 1759 Pub. L. 103416, title II,  219(z)(9) Oct. 25, 1994 108 Stat. 4318  Except as otherwise specifically provided, the amendments made by (and provisions of) (1) sections 302 through 308 [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and section 3753 of Title 42 Pub. L. 101649 (2) section 309(b) [amending this section and sections 1154, 1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, and 1455 of this title and enacting provisions set out as a note under this section] shall take effect on the date of the enactment of this Act [ Dec. 12, 1991 Pub. L. 102110,  2(d) Oct. 1, 1991 105 Stat. 557 This section [amending this section and sections 1153 and 1255 of this title] shall take effect 60 days after the date of the enactment of this Act [ Oct. 1, 1991 Effective Date of 1990 Amendment Pub. L. 101649, title I,  161 Nov. 29, 1990 104 Stat. 5008 Pub. L. 102110,  4 Oct. 1, 1991 105 Stat. 557 Pub. L. 102232, title III,  302(e)(1) Dec. 12, 1991 105 Stat. 1745 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4316 Pub. L. 104208, div. C, title VI,  671(f) Sept. 30, 1996 110 Stat. 3009724  (a)  In General Except as otherwise provided in this title, this title and the amendments made by this title [enacting section 1186b of this title section 3304 of Title 26 section 1382c of Title 42 section 1255 of this title October 1, 1991 (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 (1) Section 103 [enacting provisions set out as a note under section 1152 of this title (2) Section 104 [amending sections 1157 and 1159 of this title and enacting provisions set out as notes under section 1159 of this title (3) Section 124 [enacting provisions set out as a note under section 1153 of this title (4) Section 133 [enacting provisions set out as a note under section 1153 of this title (5) Section 134 [enacting provisions set out as a note under section 1153 of this title (6) Section 153 [amending this section and section 1251 of this title section 1251 of this title (7) Section 154 [enacting provisions set out as a note under section 1201 of this title (8) Section 155 [enacting provisions set out as a note under section 1153 of this title (9) Section 162(b) [amending section 1154 of this title (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) October 1, 1991 8 U.S.C. 1153(a)(3) (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 (B) any labor certification under section 212(a)(5)(A) of such Act 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. In the case of a petition filed under section 204(a) of such Act before October 1, 1991 (2) Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991 (3) In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act (as in effect before October 1, 1991 (4) (A) Subject to subparagraph (B), any petition filed before October 1, 1991 October 1, 1991 (B) Subparagraph (A) shall not apply more than two years after the date the priority date for issuance of a visa on the basis of such a petition has been reached. (d)  Admissibility Standards When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1991 8 U.S.C. 1182(a)(7)(A) (e)  Construction Nothing in this title [see subsec. (a) above] shall be construed as affecting the provisions of section 19 of Public Law 97116 8 U.S.C. 1151 section 2(c)(1) of Public Law 97271 8 U.S.C. 1255 section 202(e) of Public Law 99603 8 U.S.C. 1255a [ Pub. L. 103416, title II,  219(aa) Oct. 25, 1994 108 Stat. 4319 section 161(c)(3) of Pub. L. 101649 section 4 of Pub. L. 102110 [ Pub. L. 102110,  4 Oct. 1, 1991 105 Stat. 557 section 161(c) of Pub. L. 101649 Pub. L. 101649 Pub. L. 101649, title I,  162(f)(3) Nov. 29, 1990 104 Stat. 5012 The amendments made by this subsection [amending this section, section 1182 of this title section 1255 of this title Pub. L. 101238 Pub. L. 101649, title II,  203(d) Nov. 29, 1990 104 Stat. 5019 The amendments made by this section [enacting section 1288 of this title section 1281 of this title Nov. 29, 1990 Pub. L. 101649, title II,  231 Nov. 29, 1990 104 Stat. 5028 Except as otherwise provided in this title, this title, and the amendments made by this title [enacting section 1288 of this title October 1, 1991 Nov. 29, 1990 Amendment by section 407(a)(2) of Pub. L. 101649 Nov. 29, 1990 Pub. L. 101649 section 1421 of this title Pub. L. 101649, title V,  501(b) Nov. 29, 1990 104 Stat. 5048 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 Pub. L. 100690 Pub. L. 101649, title V,  509(b) Nov. 29, 1990 104 Stat. 5051 Pub. L. 102232, title III,  306(a)(7) Dec. 12, 1991 105 Stat. 1751 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title VI,  601(e) Nov. 29, 1990 104 Stat. 5077  (1) Except as provided in paragraph (2), the amendments made by this section [amending section 1182 of this title section 2691 of Title 22 section 1182 of this title 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 Date of 1989 Amendment Amendment by Pub. L. 101238 Dec. 18, 1989 section 3(d) of Pub. L. 101238 section 1182 of this title Pub. L. 101162, title VI,  611(b) Nov. 21, 1989 103 Stat. 1039 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1989 Public Law 100459 102 Stat. 2203 Effective and Termination Dates of 1988 Amendment Pub. L. 100525,  2(s) Oct. 24, 1988 102 Stat. 2614 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 section 1091 of Title 20 section 1802 of Title 29 section 1255a of this title Pub. L. 99603 Pub. L. 102232, title III,  309(b)(15) Dec. 12, 1991 105 Stat. 1759 The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 [ Pub. L. 100525 section 4195 of Title 22 section 4195 of Title 22 section 1153 of this title Public Law 99653 Pub. L. 100459, title II,  210(b) Oct. 1, 1988 102 Stat. 2203 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. 99603 October 1, 1989 Effective Date of 1986 Amendment Pub. L. 99653,  23(a) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2618 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. 99603 Nov. 6, 1986 section 301(d) of Pub. L. 99603 section 1188 of this title Effective Date of 1981 Amendment Pub. L. 97116,  21 Dec. 29, 1981 95 Stat. 1622  (a) Except as provided in subsection (b) and in section 5(c) [set out as a note under section 1182 of this title 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 October 1, 1981 Effective Date of 1980 Amendment Pub. L. 96212, title II,  204(a) Mar. 17, 1980 94 Stat. 108  (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 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 April 1, 1980 (B) The amendments made by section 203(f) [amending section 1182 of this title Mar. 17, 1980 (C) The amendments made by section 203(i) [amending section 1153 of this title section 1255 of this title 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 (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 April 1, 1980 (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 April 1, 1980 section 1152(e)(7) of this title April 1, 1980 section 5 of Public Law 95412 section 1182 of this title (2) An alien who, before April 1, 1980 section 1153(a)(7) of this title section 201(b) of this title section 1157 of this title (3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) if section 212(a) of the Immigration and Nationality Act [former 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 section 1153(a)(7) of this title Effective Date of 1979 Amendment Pub. L. 9670, title III,  3201(d)(1) Sept. 27, 1979 93 Stat. 497 The amendments made by this section [amending this section and section 1182 of this title Sept. 27, 1979 Effective Date of 1977 Amendment Pub. L. 94484, title VI,  602(d) Pub. L. 9583, title III,  307(q)(3) Aug. 1, 1977 91 Stat. 395 This section [amending this section and enacting provisions set out as a note under section 1182 of this title January 10, 1977 section 1182 of this title January 10, 1978 section 1182 of this title Effective Date of 1976 Amendment Pub. L. 94571,  10 Oct. 20, 1976 90 Stat. 2707 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. 94484 Jan. 10, 1978 section 601(f) of Pub. L. 94484 section 602(d) of Pub. L. 94484 section 307(q)(3) of Pub. L. 9583 Amendment by Pub. L. 94484 Oct. 12, 1976 section 601(f) of Pub. L. 94484 section 1182 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title Effective Date Act June 27, 1952, ch. 477, title IV,  407 66 Stat. 281 Except as provided in subsection (k) of section 401 [former section 1106(k) of this title June 27, 1952 Short Title of 2023 Amendment Pub. L. 117360,  1 Jan. 5, 2023 136 Stat. 6292 This Act [amending this section and section 1282 of this title Short Title of 2022 Amendment Pub. L. 117103, div. BB,  101 Mar. 15, 2022 136 Stat. 1070 This division [enacting section 1153a of this title section 1153 of this title Short Title of 2020 Amendment Pub. L. 116159, div. D, title I,  4101 Oct. 1, 2020 134 Stat. 738 This title [amending section 1356 of this title Pub. L. 116133,  1 Mar. 26, 2020 134 Stat. 274 This Act [amending section 1431 of this title Short Title of 2018 Amendment Pub. L. 115226,  1 Aug. 1, 2018 132 Stat. 1625 This Act [enacting provisions set out as a note under this section] may be cited as the Knowledgeable Innovators and Worthy Investors Act or the KIWI Act. Short Title of 2015 Amendment Pub. L. 114113, div. O, title II,  201 Dec. 18, 2015 129 Stat. 2988 This title [enacting section 1187a of this title section 1187 of this title Pub. L. 11470,  1 Oct. 16, 2015 129 Stat. 561 This Act [amending section 1201 of this title Short Title of 2014 Amendment Pub. L. 11374,  1 Jan. 16, 2014 127 Stat. 1212 This Act [amending section 1431 of this title Short Title of 2010 Amendment Pub. L. 111287,  1 Nov. 30, 2010 124 Stat. 3058 This Act [amending this section and section 1182 of this title Short Title of 2008 Amendment Pub. L. 110391,  1 Oct. 10, 2008 122 Stat. 4193 This Act [amending this section and enacting provisions set out as notes under this section] may be cited as [the] Special Immigrant Nonminister Religious Worker Program Act. Pub. L. 110382,  1 Oct. 9, 2008 122 Stat. 4087 Pub. L. 110382 Pub. L. 110382,  4 Oct. 9, 2008 122 Stat. 4089 Oct. 9, 2008 Pub. L. 110251,  1 June 26, 2008 122 Stat. 2319 This Act [enacting sections 1440f and 1440g of this title] may be cited as the Kendell Frederick Citizenship Assistance Act. Short Title of 2007 Amendment Pub. L. 11053, title VII,  711(a) Aug. 3, 2007 121 Stat. 338 This section [amending section 1187 of this title section 1187 of this title Pub. L. 109477,  1 Jan. 12, 2007 120 Stat. 3572 This Act [enacting and amending provisions set out as notes under section 1182 of this title Short Title of 2006 Amendment Pub. L. 109463,  1 Dec. 22, 2006 120 Stat. 3477 This Act [amending section 1184 of this title Pub. L. 109423,  1 Dec. 20, 2006 120 Stat. 2900 This Act [enacting and amending provisions set out as notes under section 1182 of this title Pub. L. 109367,  1 Oct. 26, 2006 120 Stat. 2638 This Act [enacting provisions set out as a note under section 1701 of this title section 1103 of this title Pub. L. 109162, title VIII,  831 Jan. 5, 2006 119 Stat. 3066 This subtitle [subtitle D ( 831834) of title VIII of Pub. L. 109162 section 1375a of this title section 1184 of this title section 1375 of this title Short Title of 2005 Amendment Pub. L. 10913, div. B,  1 May 11, 2005 119 Stat. 302 This division [enacting section 1778 of this title section 1028 of Title 18 section 30301 of Title 49 section 30301 of Title 49 Pub. L. 10913, div. B, title IV,  401 May 11, 2005 119 Stat. 318 This title [amending sections 1184 and 1356 of this title and enacting and amending provisions set out as notes under section 1184 of this title Short Title of 2004 Amendment Pub. L. 108447, div. J, title IV,  401 Dec. 8, 2004 118 Stat. 3351 This title [enacting sections 1380 and 1381 of this title, amending sections 1182, 1184, and 1356 of this title, section 2916a of Title 29 section 1869c of Title 42 Pub. L. 108447, div. J, title IV,  411 Dec. 8, 2004 118 Stat. 3351 This subtitle [subtitle A ( 411417) of title IV of div. J of Pub. L. 108447 section 1380 of this title section 1184 of this title section 1184 of this title Pub. L. 108447, div. J, title IV,  421 Dec. 8, 2004 118 Stat. 3353 This subtitle [subtitle B ( 421430) of title IV of div. J of Pub. L. 108447 section 1381 of this title section 2916a of Title 29 section 1869c of Title 42 Short Title of 2003 Amendment Pub. L. 108156,  1 Dec. 3, 2003 117 Stat. 1944 This Act [enacting provisions set out as a note under section 1153 of this title Short Title of 2002 Amendment Pub. L. 107274,  1 Nov. 2, 2002 116 Stat. 1923 This Act [amending this section and section 1184 of this title Pub. L. 107273, div. C, title I,  11030(a) Nov. 2, 2002 116 Stat. 1836 This section [amending section 14401 of this title Pub. L. 107258,  1 Oct. 29, 2002 116 Stat. 1738 This Act [amending provisions set out as a note under section 1157 of this title Pub. L. 107208,  1 Aug. 6, 2002 116 Stat. 927 This Act [amending sections 1151, 1153, 1154, 1157, and 1158 of this title and enacting provisions set out as a note under section 1151 of this title Pub. L. 107150,  1 Mar. 13, 2002 116 Stat. 74 This Act [amending sections 1182 and 1183a of this title and enacting provisions set out as a note under section 1182 of this title Pub. L. 107128,  1 Jan. 16, 2002 115 Stat. 2407 This Act [enacting and amending provisions set out as notes under section 1324a of this title Short Title of 2000 Amendment Pub. L. 106554,  1(a)(4) [div. B, title XV,  1501] Dec. 21, 2000 114 Stat. 2763 This title [amending section 1255 of this title section 1255 of this title section 1255 of this title Pub. L. 106553,  1(a)(2) [title XI,  1101] Dec. 21, 2000 114 Stat. 2762  This title [amending this section and sections 1184, 1186a, and 1255 of this title, and enacting provisions set out as notes under this section] may be cited as (1) the Legal Immigration Family Equity Act; or (2) the LIFE Act. Pub. L. 106409,  1 Nov. 1, 2000 114 Stat. 1787 This Act [amending this section and enacting provisions set out as a note under this section] may be cited as the Religious Workers Act of 2000. Pub. L. 106406,  1 Nov. 1, 2000 114 Stat. 1755 This Act [amending section 1229c of this title Pub. L. 106396,  1 Oct. 30, 2000 114 Stat. 1637 This Act [amending sections 1182, 1184, 1187, and 1372 of this title, enacting provisions set out as a note under section 1187 of this title section 763 of Title 47 section 1153 of this title Pub. L. 106395,  1 Oct. 30, 2000 114 Stat. 1631 This Act [amending this section, sections 1182, 1227, 1431, and 1433 of this title, and sections 611 and 1015 of Title 18, Crimes and Criminal Procedure, repealing section 1432 of this title section 611 of Title 18 Pub. L. 106386, div. B, title V,  1501 Oct. 28, 2000 114 Stat. 1518 This title [amending this section, sections 1151, 1154, 1182, 1184, 1227, 1229a, 1229b, 1255, 1367, 1430, and 1641 of this title, section 1152 of Title 20 l section 1255 of this title Pub. L. 106313, title I,  101 Oct. 17, 2000 114 Stat. 1251 This title [amending sections 1152, 1154, 1182, 1184, and 1356 of this title, section 2916a of Title 29 section 1869c of Title 42 section 2701 of Title 29 section 1182 of this title Pub. L. 106215,  1 June 15, 2000 114 Stat. 337 This Act [amending section 1365a of this title section 1365a of this title Short Title of 1999 Amendment Pub. L. 10695,  1 Nov. 12, 1999 113 Stat. 1312 This Act [amending this section and sections 1153 and 1182 of this title, enacting provisions set out as a note under section 1182 of this title Short Title of 1998 Amendment Pub. L. 105277, div. A,  101(h) [title IX,  901] Oct. 21, 1998 112 Stat. 2681480 This title [enacting sections 1377 and 1378 of this title and provisions set out as a note under section 1255 of this title Pub. L. 105277, div. C, title IV,  401(a) Oct. 21, 1998 112 Stat. 2681641 This title [enacting section 1869c of Title 42 Short Title of 1997 Amendment Pub. L. 105119, title I,  112(a) Nov. 26, 1997 111 Stat. 2459 This section [enacting, amending, and repealing provisions set out as notes under section 1440 of this title Pub. L. 105100, title II,  201 Nov. 19, 1997 111 Stat. 2193 This title [amending section 1229b of this title Short Title of 1996 Amendment Pub. L. 104208, div. C,  1(a) Sept. 30, 1996 110 Stat. 3009546 This division [see Tables for classification] may be cited as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Short Title of 1994 Amendment Pub. L. 103416,  1 Oct. 25, 1994 108 Stat. 4305 This Act [see Tables for classification] may be cited as the Immigration and Nationality Technical Corrections Act of 1994. Short Title of 1991 Amendment Pub. L. 102232,  1(a) Dec. 12, 1991 105 Stat. 1733 This Act [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and 1455 of this title, and section 3753 of Title 42 Pub. L. 102232, title I,  101 Dec. 12, 1991 105 Stat. 1733 This title [amending sections 1421, 1448, 1450, and 1455 of this title and enacting provisions set out as a note under section 1421 of this title Pub. L. 102232, title II,  201 Dec. 12, 1991 105 Stat. 1736 This title [amending this section and section 1184 of this title section 1184 of this title Pub. L. 102232, title III,  301(a) Dec. 12, 1991 105 Stat. 1742 This title [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and section 3753 of Title 42 Pub. L. 102110,  1 Oct. 1, 1991 105 Stat. 555 This Act [amending this section and sections 1153, 1255, and 1524 of this title and enacting and amending provisions set out as notes under this section] may be cited as the Armed Forces Immigration Adjustment Act of 1991. Short Title of 1990 Amendment Pub. L. 101649,  1(a) Nov. 29, 1990 104 Stat. 4978 This Act [see Tables for classification] may be cited as the Immigration Act of 1990. Pub. L. 101249,  1 Mar. 6, 1990 104 Stat. 94 This Act [enacting section 14401 of this title Short Title of 1989 Amendment Pub. L. 101238,  1 Dec. 18, 1989 103 Stat. 2099 This Act [amending this section and sections 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 Short Title of 1988 Amendment Pub. L. 100658,  1 Nov. 15, 1988 102 Stat. 3908 This Act [enacting provisions set out as notes under this section and section 1153 of this title section 1153 of this title Pub. L. 100525,  1(a) Oct. 24, 1988 102 Stat. 2609 This Act [amending this section, sections 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 section 1091 of Title 20 section 4195 of Title 22 section 4195 of Title 22 section 1802 of Title 29 section 1255a of this title Short Title of 1986 Amendment Pub. L. 99653,  1(a) Nov. 14, 1986 100 Stat. 3655 Pub. L. 100525,  8(a)(1) Oct. 24, 1988 102 Stat. 2617 this Act [amending this section, sections 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 section 1201a of this title section 1153 of this title Pub. L. 99639,  1 Nov. 10, 1986 100 Stat. 3537 This Act [enacting section 1186a of this title Pub. L. 99605,  1(a) Nov. 6, 1986 100 Stat. 3449 This Act [amending sections 1522 to 1524 of this title and enacting provisions set out as notes under section 1522 of this title Pub. L. 99603,  1(a) Nov. 6, 1986 100 Stat. 3359 This Act [enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b, 1364, and 1365 of this title and section 1437r of Title 42 section 2025 of Title 7 section 1546 of Title 18 section 1816 of Title 29 section 1802 of Title 29 section 1383 of Title 42 Short Title of 1982 Amendment Pub. L. 97363,  1 Oct. 25, 1982 96 Stat. 1734 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 Short Title of 1981 Amendment Pub. L. 97116,  1(a) Dec. 29, 1981 95 Stat. 1611 this Act [amending this section, sections 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 section 1182 of this title Short Title of 1980 Amendment Pub. L. 96212,  1 Mar. 17, 1980 94 Stat. 102 That this Act [enacting sections 1157 to 1159 and 1521 to 1525 of this title, amending this section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this title, and section 2601 of Title 22 section 2601 of Title 22 Short Title of 1976 Amendment Pub. L. 94571,  1 Oct. 20, 1976 90 Stat. 2703 That this Act [amending this section and sections 1151, 1152 to 1154, 1181, 1182, 1251, 1254, and 1255 of this title and enacting provisions set out as notes under this section and sections 1153 and 1255 of this title] may be cited as the Immigration and Nationality Act Amendments of 1976. Short Title Act June 27, 1952, ch. 477,  1 66 Stat. 163 section 1429 of Title 18 Repeal and Revival Pub. L. 100525,  8(b) Oct. 24, 1988 102 Stat. 2617 Section 3 of INAA [ Pub. L. 99653 November 14, 1986 Repeals Act June 27, 1952, ch. 477, title IV,  403(b) 66 Stat. 280 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. Regulations Pub. L. 110391,  2(b) Oct. 10, 2008 122 Stat. 4193  Not later than 30 days after the date of the enactment of this Act [ Oct. 10, 2008 (1) issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii) (2) submit a certification to Congress and publish notice in the Federal Register that such regulations have been issued and are in effect. Pub. L. 109162, title VIII,  828 Jan. 5, 2006 119 Stat. 3066 Not later than 180 days after the date of enactment of this Act [ Jan. 5, 2006 Public Law 106386 section 1501 of Pub. L. 106386 Pub. L. 102232, title III,  303(a)(8) Dec. 12, 1991 105 Stat. 1748 The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) January 2, 1992 Pub. L. 102140, title VI,  610 Oct. 28, 1991 105 Stat. 832 Pub. L. 103416, title II,  219 l Oct. 25, 1994 108 Stat. 4317  (a) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(1) of the Immigration and Nationality Act [act June 27, 1952 (b) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(A)(ii) and a delineation of in any other circumstances in section 404(b)(2)(A)(iii) of such Act. (c) The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act [ Oct. 28, 1991 Savings Clause Act June 27, 1952, ch. 477, title IV,  405 66 Stat. 280  (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 June 27, 1952 (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 (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 June 20, 1949 63 Stat. 208 section 3508 of title 50 June 5, 1950 Separability Pub. L. 106313, title I,  116 Oct. 17, 2000 114 Stat. 1262 If any provision of this title [see Short Title of 2000 Amendments note above] (or any amendment made by this title) or the application thereof to any person or circumstance is held invalid, the remainder of the title (and the amendments made by this title) and the application of such provision to any other person or circumstance shall not be affected thereby. This section be enacted [sic] 2 days after effective date. Pub. L. 104208, div. C,  1(e) Sept. 30, 1996 110 Stat. 3009553 If any provision of this division [see Tables for classification] or the application of such provision to any person or circumstances is held to be unconstitutional, the remainder of this division and the application of the provisions of this division to any person or circumstance shall not be affected thereby. Act June 27, 1952, ch. 477, title IV,  406 66 Stat. 281 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. Rule of Construction Pub. L. 117360,  4 Jan. 5, 2023 136 Stat. 6293 For purposes of this Act [see Short Title of 2023 Amendment note set out above], and the amendments made by this Act, the performance by a crewman of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade shall not be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States.  Transfer of Functions United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Admission of Alaska as State Effectiveness of amendment of this section by Pub. L. 85508 section 8(b) of Pub. L. 85508 section 21 of Title 48 Appropriations Act June 27, 1952, ch. 477, title IV,  404 66 Stat. 280 Pub. L. 97116,  18(s) Dec. 29, 1981 95 Stat. 1621 Pub. L. 99603, title I,  113 Nov. 6, 1986 100 Stat. 3383 Pub. L. 101649, title VII,  705(a) Nov. 29, 1990 104 Stat. 5087 Pub. L. 102232, title III,  308(d) Dec. 12, 1991 105 Stat. 1757  (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. In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district. (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. [ Pub. L. 101649, title VII,  705(b) Nov. 29, 1990 104 Stat. 5087 Section 404(b)(2)(A)(i) of the Immigration and Nationality Act [act June 27, 1952 January 1, 1989 June 27, 1952 October 1, 1991 [Determination of President of the United States, No. 9716, Feb. 12, 1997 June 27, 1952 [Prior determination was contained in the following: [Determination of President of the United States, No. 9549, Sept. 28, 1995 Benefits for Certain Citizens or Nationals of Ukraine Pub. L. 117128, title IV,  401 May 21, 2022 136 Stat. 1218  (a)  In General Notwithstanding any other provision of law, a citizen or national of Ukraine (or a person who last habitually resided in Ukraine) shall be eligible for the benefits described in subsection (b) if (1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently (A) paroled into the United States between February 24, 2022 September 30, 2023 (B) paroled into the United States after September 30, 2023 (i) is the spouse or child of an individual described in subparagraph (A); or (ii) is the parent, legal guardian, or primary caregiver of an individual described in subparagraph (A) who is determined to be an unaccompanied child under section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) 8 U.S.C. 1522(d)(2)(B) (2) such individuals parole has not been terminated by the Secretary of Homeland Security. (b)  Benefits An individual described in subsection (a) shall be eligible for (1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 8 U.S.C. 1522(b)(1) (2) services described under section 412(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d)(2) 6 U.S.C. 279(g)(2) (c)  Clarifications. (1) Nothing in this section shall be interpreted to: (A) preclude an individual described in subsection (a) from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or (B) entitle a person described in subsection (a) to lawful permanent resident status. (2) Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Public Law 104193 8 U.S.C. 1631(a) (d)  Non-Application of the Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act of 1995), shall not apply to any action taken to implement this section that involves translating a currently approved collection of information into a new language. Benefits for Certain Citizens or Nationals of Afghanistan Pub. L. 11743, div. C, title V,  2502 Sept. 30, 2021 135 Stat. 377 Pub. L. 117328, div. M, title V,  1501 Dec. 29, 2022 136 Stat. 5195  (a)  In General Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if (1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently (A) paroled into the United States between July 31, 2021 September 30, 2023 (B) paroled into the United States after September 30, 2022 (i) is the spouse or child (as such term is defined under section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b) (ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child under 6 U.S.C. 279(g)(2) (2) such individuals parole has not been terminated by the Secretary of Homeland Security. (b)  Benefits An individual described in subsection (a) shall be eligible for (1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 March 31, 2023 (2) services described under section 412(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d)(2) 6 U.S.C. 279(g)(2) (3) a drivers license or identification card under section 202 of the REAL ID Act of 2005 (division B of Public Law 10913 49 U.S.C. 30301 (c)  Expeditious Adjudication of Asylum Applications With respect to an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) conduct the initial interview on the asylum application not later than 45 days after the date on which the application is filed; and (2) in the absence of exceptional circumstances, issue a final administrative adjudication on the asylum application within 150 days after the date the application is filed. (d)  Clarification Notwithstanding any other provision of law, nothing in this act [probably should be Act, meaning div. C of Pub. L. 11743 (1) preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or (2) entitle a person described in subsection (a) to lawful permanent resident status. (e)  Report Not later than 120 days after the date of enactment of this Act [ Sept. 30, 2021 Waiver of Medical Exam Requirement for Certain Afghans Seeking Admission Pub. L. 11731, title IV,  402 July 30, 2021 135 Stat. 317  (a)  Authorization The Secretary of State and the Secretary of Homeland Security may jointly issue a blanket waiver of the requirement that aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 [ Pub. L. 1118, div. F, title VI 8 U.S.C. 1101 8 U.S.C. 1201(d) (b)  Duration A waiver under subsection (a) shall be for a period of 1 year, and, subject to subsection (g), may be extended by the Secretary of State and Secretary of Homeland Security for additional periods, each of which shall not exceed 1 year. (c)  Notification Upon exercising the waiver authority under subsection (a), or the authority to extend a waiver under subsection (b), the Secretary of State and the Secretary of Homeland Security shall notify the appropriate congressional committees. (d)  Requirement for Medical Examination After Admission. (1)  In general The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall establish procedures to ensure, to the greatest extent practicable, that any alien who receives a waiver of the medical examination requirement under this section completes such an exam not later than 30 days after the date on which the alien is admitted to the United States. (2)  Conditional basis for status. (A)  In general Notwithstanding any other provision of law, an alien who receives a waiver of the medical examination requirement under this section shall be considered, at the time of admission to the United States, as an alien lawfully admitted for permanent residence on a conditional basis. (B)  Removal of conditions The Secretary of Homeland Security shall remove the conditional basis of the aliens status upon the Secretarys confirmation that such alien has completed the medical examination and is not inadmissible under section 212(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(1)(A) (3)  Report Not later than 1 year after the date on which the waiver authority under subsection (a) is exercised, or such waiver is extended under subsection (b), as applicable, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the status of medical examinations required under paragraph (1), including (A) the number of pending and completed examinations; and (B) the number of aliens who have failed to complete the medical examination within the 30-day period after the date of such aliens admission. (e)  Appropriate Congressional Committees The term appropriate committees of Congress means (1) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives. (f)  Rule of Construction Nothing in this Act [probably means this section] may be construed to prevent the Secretary of State, the Secretary of Homeland Security, the Secretary of Defense, or the Secretary of Health and Human Services from adopting appropriate measures to prevent the spread of communicable diseases, including COVID19, to the United States. (g)  Sunset The authority under subsections (a) and (b) expires on the date that is 3 years after the date of enactment of this Act [ July 30, 2021 (h)  Emergency Requirement The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 901(b)(2)(A)(i) Availability of Funds Pub. L. 117328, div. O, title III,  302 Dec. 29, 2022 136 Stat. 5227 Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii) September 30, 2023 September 30, 2015 Similar provisions were contained in the following prior appropriation acts: Pub. L. 117103, div. O, title II,  202 Mar. 15, 2022 136 Stat. 787 Pub. L. 116260, div. O, title I,  102 Dec. 27, 2020 134 Stat. 2148 Pub. L. 11694, div. I, title I,  102 Dec. 20, 2019 133 Stat. 3019 Pub. L. 1166, div. H, title I,  102 Feb. 15, 2019 133 Stat. 475 Pub. L. 115141, div. M, title II,  202 Mar. 23, 2018 132 Stat. 1049 Pub. L. 11531, div. F, title V,  540 May 5, 2017 131 Stat. 432 Pub. L. 114113, div. F, title V,  573 Dec. 18, 2015 129 Stat. 2526 Annual Report on Immigration Applications Made by Victims of Abuse Pub. L. 1134, title VIII,  802 Mar. 7, 2013 127 Stat. 110  Not later than December 1, 2014 (1) The number of aliens who (A) submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (B) were granted such nonimmigrant status during such fiscal year; or (C) were denied such nonimmigrant status during such fiscal year. (2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year. (3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year. (4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(3) (5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4). Special Rule for Alien Victims Pub. L. 112239, div. A, title XVII,  1706(b) Jan. 2, 2013 126 Stat. 2097 No alien may be admitted to the United States pursuant to subparagraph (U) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) section 1351 of title 18 No Authority for National Identification Card Pub. L. 112176,  5 Sept. 28, 2012 126 Stat. 1326 Nothing in this Act [amending this section and provisions set out as notes under sections 1153, 1182, and 1324a of this title] may be construed to authorize the planning, testing, piloting, or development of a national identification card. Fee Increases Pub. L. 111230, title IV,  402 Aug. 13, 2010 124 Stat. 2487 Pub. L. 111347, title III,  302 Jan. 2, 2011 124 Stat. 3667  (a) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act [ Aug. 13, 2010 September 30, 2015 8 U.S.C. 1101(a)(15)(L) (b) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2015 8 U.S.C. 1101(a)(15)(H)(i)(b) (c) During the period beginning on the date of the enactment of this Act and ending on September 30, 2015 Afghan Allies Protection Pub. L. 1118, div. F, title VI Mar. 11, 2009 123 Stat. 807 Pub. L. 111118, div. A, title VIII,  8120(b) Dec. 19, 2009 123 Stat. 3457 Pub. L. 11366, div. A, title XII,  1219 Dec. 26, 2013 127 Stat. 913 Pub. L. 11376, div. K, title VII,  7034 o Jan. 17, 2014 128 Stat. 516 Pub. L. 113160,  1 Aug. 8, 2014 128 Stat. 1853 Pub. L. 113291, div. A, title XII,  1227 Dec. 19, 2014 128 Stat. 3552 Pub. L. 11492, div. A, title XII,  1216 Nov. 25, 2015 129 Stat. 1045 Pub. L. 114328, div. A, title XII,  1214 Dec. 23, 2016 130 Stat. 2479 Pub. L. 11531, div. J, title VII,  7083(a) May 5, 2017 131 Stat. 718 Pub. L. 11591, div. A, title XII,  1213 Dec. 12, 2017 131 Stat. 1649 Pub. L. 115232, div. A, title XII,  1222 Aug. 13, 2018 132 Stat. 2028 Pub. L. 1166, div. F, title VII,  7076(a) Feb. 15, 2019 133 Stat. 391 Pub. L. 11692, div. A, title XII,  1219 Dec. 20, 2019 133 Stat. 1636 Pub. L. 11694, div. G, title VII,  7034 l Dec. 20, 2019 133 Stat. 2873 Pub. L. 116260, div. K, title VII,  7034 l Dec. 27, 2020 134 Stat. 1750 Pub. L. 116283, div. A, title XII,  1212 Jan. 1, 2021 134 Stat. 3919 Pub. L. 11731, title IV July 30, 2021 135 Stat. 315 Pub. L. 117328, div. K, title VII,  7034(d)(9) Dec. 29, 2022 136 Stat. 5031  SEC. 601. SHORT TITLE. This title may be cited as the Afghan Allies Protection Act of 2009. SEC. 602. PROTECTION FOR AFGHAN ALLIES. (a)  Appropriate Committees of Congress Defined In this section, the term appropriate committees of Congress means (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. (b)  Special Immigrant Status for Certain Afghans. (1)  In general Subject to paragraph (3), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) (A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) (B) is otherwise eligible to receive an immigrant visa; (C) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) (D) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. (2)  Aliens described. (A)  Principal aliens An alien is described in this subparagraph if the alien (i) is a citizen or national of Afghanistan; (ii) was or is employed in Afghanistan on or after October 7, 2001 (I) by, or on behalf of, the United States Government; or (II) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien (aa) while traveling off-base with United States military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such United States military personnel; or (bb) to perform activities for the United States military personnel stationed at International Security Assistance Force (or any successor name for such Force); (iii) provided faithful and valuable service to an entity or organization described in clause (ii), which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employees senior supervisor or the person currently occupying that position, or a more senior person, if the employees senior supervisor has left the employer or has left Afghanistan; and (iv) has experienced or is experiencing an ongoing serious threat as a consequence of the aliens employment described in clause (ii). (B)  Spouse or child An alien is described in this subparagraph if the alien (i) is the spouse or child of a principal alien described in subparagraph (A); and (ii) is accompanying or following to join the principal alien in the United States. (C)  Surviving spouse or child. (I) [(i)]  In general An alien is described in this subparagraph if the alien (I) was the spouse or child of a principal alien described in subparagraph (A) who had submitted an application to the Chief of Mission pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109163 8 U.S.C. 1101 (II) due to the death of the principal alien (aa) such petition was revoked or terminated (or otherwise rendered null); and (bb) such petition would have been approved if the principal alien had survived. (II) [(ii)]  Employment requirements An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal aliens filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal aliens death. (D)  Approval by chief of mission required. (i)  In general Except as provided under clause (ii), a recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section. (ii)  Review process for denial by chief of mission. (I)  In general An applicant who has been denied Chief of Mission approval shall (aa) receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and (bb) be provided not more than one written appeal per denial or revocation (AA) that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing or thereafter at the discretion of the Secretary of State; and (BB) that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information. (II)  Afghan special immigrant visa coordinator The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, an Afghan Special Immigrant Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given (aa) sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed; (bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa); and (cc) responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to [sub]clause (I)(bb). (E)  Evidence of serious threat A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the aliens employment by the United States Government for purposes of subparagraph (A)(iv). (F)  Representation An alien applying for admission to the United States pursuant to this title may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (3)  Numerical limitations. (A)  In general Except as provided in subparagraph (C), the total number of principal aliens who may be provided special immigrant status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013. (B)  Exclusion from numerical limitations Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) (C)  Carry forward. (i)  Fiscal years 2009 through 2013 If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between (I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and (II) the number of principal aliens provided special immigrant status under this section during the given fiscal year. (ii)  Fiscal year 2014 If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this subsection for fiscal year 2014 shall be equal to the difference between (I) the numerical limitation determined under clause (i) for fiscal year 2013; and (II) the number of principal aliens provided such status under this section during fiscal year 2013. (D)  Additional fiscal year For fiscal year 2014, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000, except that any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal year 2014 may be carried forward and provided through the end of fiscal year 2015, notwithstanding the provisions of paragraph (C), except that the one year period during which an alien must have been employed in accordance with subsection (b)(2)(A)(ii) shall be the period from October 7, 2001 December 31, 2014 September 30, 2014 (E)  Special rule for end of calendar year 2014. (i)  In general During the period beginning on the date of the enactment of this subparagraph [ Aug. 8, 2014 December 31, 2014 (I) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2014 (II) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2014 (III) the authority to provide such status shall terminate on December 31, 2014 (ii)  Construction Clause (i) shall not be construed to affect the authority, numerical limitations, or terms for provision of status, under subparagraph (D). (F)  Fiscal years 2015 through 2023 In addition to any unused balance under subparagraph (D), for the period beginning on the date of the enactment of this subparagraph [ Dec. 19, 2014 (i) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2024 (ii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2024 (iii) the authority to issue visas shall commence on the date of the enactment of this subparagraph [ Dec. 19, 2014 (4)  Application process. (A)  In general Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [ Dec. 26, 2013 (B)  Construction Nothing in this section shall be construed to limit the ability of a Secretary referred to in subparagraph (A) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time. (C)  Prohibition on fees The Secretary of Homeland Security or the Secretary of State may not charge an alien described in subparagraph (A), (B), or (C) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa under this section. (5)  Assistance with passport issuance The Secretary of State shall make a reasonable effort to ensure that an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided with the appropriate series Afghan passport necessary to enter the United States. (6)  Protection of aliens The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is seeking special immigrant status under this subsection protection or to immediately remove such alien from Afghanistan, if possible, if the Secretary determines, after consultation, that such alien is in imminent danger. (7)  Other eligibility for immigrant status No alien shall be denied the opportunity to apply for admission under this subsection solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. (8)  Resettlement support A citizen or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) 8 U.S.C. 1157 (9)  Adjustment of status Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 Public Law 110181 122 Stat. 397 8 U.S.C. 1157 (A) was paroled or admitted as a nonimmigrant into the United States; and (B) is otherwise eligible for special immigrant status under (i) (I) this subsection; or (II) such section 1244(b); and (ii) the Immigration and Nationality Act ( 8 U.S.C. 1101 (10)  Annual report on use of special immigrant status. (A)  Requirement Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on the number of citizens or nationals of Afghanistan or Iraq who have applied for status as special immigrants under this subsection or section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110181 122 Stat. 396 8 U.S.C. 1157 (B)  Content Each report required by subparagraph (A) submitted in a fiscal year shall include the following information for the previous fiscal year: (i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application for status as a special immigrant pursuant to this section or section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110181 122 Stat. 396 (I) by the number of principal aliens applying for such status; and (II) by the number of spouses and children of principal aliens applying for such status. (ii) The number of applications referred to in clause (i) that (I) were approved; or (II) were denied, including a description of the basis for each denial. (11)  Report on improvements. (A)  Requirement for report Not later than 120 days after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 [ Aug. 13, 2018 (B)  Contents The report required by subparagraph (A) shall describe the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to (i) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall (I) support immigration security; and (II) provide for the orderly processing of such applications without significant delay; (ii) the financial, security, and personnel considerations and resources necessary to carry out this section; (iii) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year; (iv) the reasons for the failure to process any applications that have been pending for longer than 9 months; (v) the total number of applications that are pending due to the failure (I) to receive approval from the Chief of Mission; (II) of U.S. Citizenship and Immigration Services to complete the adjudication of the Form I360; (III) to conduct a visa interview; or (IV) to issue the visa to an eligible alien; (vi) the average wait times for an applicant at each of the stages described in clause (v); (vii) the number of denials or rejections at each of the stages described in clause (v); and (viii) the reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission. (12)  Public quarterly reports Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [ Dec. 26, 2013 (13)  Report Not later than December 31, 2016 January 31, 2024 (A) The occupations of aliens who (i) were provided special immigrant status under subclause (I) or (II)(bb) of paragraph (2)(A)(ii); and (ii) were considered principal aliens for such purpose. (B) The number of appeals submitted under paragraph (2)(D)(ii)(I)(bb) from application denials by the Chief of Mission and the number of those applications that were approved pursuant to the appeal. (C) The number of applications denied by the Chief of Mission on the basis of derogatory information that were appealed and the number of those applications that were approved pursuant to the appeal. (D) The number of applications denied by the Chief of Mission on the basis that the applicant did not establish faithful and valuable service to the United States Government that were appealed and the number of those applications that were approved pursuant to the appeal. (E) The number of applications denied by the Chief of Mission for failure to establish the one-year period of employment required that were appealed and the number of those applications that were approved pursuant to the appeal. (F) The number of applications denied by the Chief of Mission for failure to establish employment by or on behalf of the United States Government that were appealed and the number of those applications that were approved pursuant to the appeal. (G) The number of special immigrant status approvals revoked by the Chief of Mission and the reason for each revocation. (H) The number of special immigrant status approvals revoked by the Chief of Mission that were appealed and the number of those revocations that were overturned pursuant to the appeal. (14)  Reports informing the conclusion of the afghan special immigrant visa program Not later than June 1, 2016 (A) a description of the United States force presence in Afghanistan during the previous 6 months; (B) a description of the projected United States force presence in Afghanistan; (C) the number of citizens or nationals of Afghanistan who were employed by or on behalf of the entities described in paragraph (2)(A)(ii) during the previous 6 months; and (D) the projected number of such citizens or nationals who will be employed by or on behalf of such entities. (15)  Sense of congress It is the sense of Congress that the necessity of providing special immigrant status under this subsection should be assessed at regular intervals by the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, taking into account the scope of the current and planned presence of United States troops in Afghanistan, the current and prospective numbers of citizens and nationals of Afghanistan employed by or on behalf of the entities described in paragraph (2)(A)(ii), and the security climate in Afghanistan. (c)  Rule of Construction Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109163 8 U.S.C. 1101 [ Pub. L. 116283, div. A, title XII,  1212(a)(1) section 602(b)(3)(F) of Pub. L. 1118 Pub. L. 116260, div. K, title VII,  7034 l [ Pub. L. 116283, div. A, title XII,  1212(a)(2) section 602(b)(3)(F) of Pub. L. 1118 Pub. L. 116260, div. K, title VII,  7034 l [ Pub. L. 116283, div. A, title XII,  1212(a)(3) section 602(b)(3)(F) of Pub. L. 1118 December 31, 2022 December 31, 2021 Pub. L. 116260, div. K, title VII,  7034 l [ Pub. L. 116283, div. A, title XII,  1212(a)(4) section 602(b)(3)(F) of Pub. L. 1118 December 31, 2022 December 31, 2021 Pub. L. 116260, div. K, title VII,  7034 l Special Immigrant Status for Persons Serving as Translators With United States Armed Forces Pub. L. 110242,  2 June 3, 2008 122 Stat. 1567 Pub. L. 11731, title IV,  404(a) July 30, 2021 135 Stat. 319  (a)  In General The Secretary of Homeland Security or the Secretary of State may convert an approved petition for special immigrant status under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 [ Pub. L. 109163 8 U.S.C. 1101 Public Law 110181 8 U.S.C. 1157 (b)  Duration The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110181 8 U.S.C. 1157 Pub. L. 109163, div. A, title X,  1059 Jan. 6, 2006 119 Stat. 3443 Pub. L. 11028, title III,  3812 May 25, 2007 121 Stat. 151 Pub. L. 11036,  1 June 15, 2007 121 Stat. 227 Pub. L. 110161, div. J, title VI,  699J Dec. 26, 2007 121 Stat. 2373 Pub. L. 112227,  1(a) Dec. 28, 2012 126 Stat. 1608  (a)  In General For purposes of the Immigration and Nationality Act ( 8 U.S.C. 1101 8 U.S.C. 1101(a)(27) (1) files with the Secretary of Homeland Security a petition under section 204 of such Act ( 8 U.S.C. 1154 8 U.S.C. 1153(b)(4) (2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) (b)  Aliens Described. (1)  Principal aliens An alien is described in this subsection if the alien (A) is a national of Iraq or Afghanistan; (B) worked directly with United States Armed Forces, or under Chief of Mission authority, as a translator or interpreter for a period of at least 12 months; (C) obtained a favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien; and (D) before filing the petition described in subsection (a)(1), cleared a background check and screening, as determined by the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien. (2)  Spouses and children An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1), and is following or accompanying to join the principal alien. (c)  Numerical Limitations. (1)  In general The total number of principal aliens who may be provided special immigrant status under this section (A) during each of the fiscal years 2007 and 2008, shall not exceed 500; and (B) during any other fiscal year shall not exceed 50. (2)  Aliens exempt from employment-based numerical limitations For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151115 8 U.S.C. 1101(a)(27) 8 U.S.C. 1151(d) (3)  Carry forward If the numerical limitation described in paragraph (1) is not reached during a given fiscal year, the numerical limitation for the following fiscal year shall be increased by a number equal to the difference between the number of visas authorized for the given fiscal year and the number of aliens provided special immigrant status during the given fiscal year. (d)  Adjustment of Status Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act ( 8 U.S.C. 1255(c) (1) was paroled or admitted as a nonimmigrant into the United States; and (2) is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act [ 8 U.S.C. 1101 (e)  Naturalization. (1)  In general A period of absence from the United States described in paragraph (2) (A) shall not be considered to break any period for which continuous residence or physical presence in the United States is required for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 (B) shall be treated as a period of residence and physical presence in the United States for purposes of satisfying the requirements for naturalization under such title. (2)  Period of absence described A period of absence described in this paragraph is a period of absence from the United States due to a persons employment by the Chief of Mission or United States Armed Forces, under contract with the Chief of Mission or United States Armed Forces, or by a firm or corporation under contract with the Chief of Mission or United States Armed Forces, if (A) such employment involved supporting the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity; and (B) the person spent at least a portion of the time outside the United States working directly with the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity. (f)  Application of Immigration and Nationality Act Provisions The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 [ Pub. L. 112227,  1(b) Dec. 28, 2012 126 Stat. 1609 The amendment made by subsection (a) [amending section 1059(e) of Pub. L. 109163 Pub. L. 109163 8 U.S.C. 1101 [ Pub. L. 11028 Pub. L. 11036 section 1059 of Pub. L. 109163 Pub. L. 11036 Pub. L. 11028 Battered Immigrant Women; Findings and Purposes Pub. L. 106386, div. B, title V,  1502 Oct. 28, 2000 114 Stat. 1518  (a)  Findings Congress finds that (1) the goal of the immigration protections for battered immigrants included in the Violence Against Women Act of 1994 [ Pub. L. 103322, title IV (2) providing battered immigrant women and children who were experiencing domestic violence at home with protection against deportation allows them to obtain protection orders against their abusers and frees them to cooperate with law enforcement and prosecutors in criminal cases brought against their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abusers control; and (3) there are several groups of battered immigrant women and children who do not have access to the immigration protections of the Violence Against Women Act of 1994 which means that their abusers are virtually immune from prosecution because their victims can be deported as a result of action by their abusers and the Immigration and Naturalization Service cannot offer them protection no matter how compelling their case under existing law. (b)  Purposes The purposes of this title [see Short Title of 2000 Amendments note above] are (1) to remove barriers to criminal prosecutions of persons who commit acts of battery or extreme cruelty against immigrant women and children; and (2) to offer protection against domestic violence occurring in family and intimate relationships that are covered in State and tribal protection orders, domestic violence, and family law statutes. Protection for Certain Crime Victims Including Victims of Crimes Against Women Pub. L. 106386, div. B, title V,  1513(a) Oct. 28, 2000 114 Stat. 1533  (a)  Findings and Purpose. (1)  Findings Congress makes the following findings: (A) Immigrant women and children are often targeted to be victims of crimes committed against them in the United States, including rape, torture, kidnaping, trafficking, incest, domestic violence, sexual assault, female genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained. (B) All women and children who are victims of these crimes committed against them in the United States must be able to report these crimes to law enforcement and fully participate in the investigation of the crimes committed against them and the prosecution of the perpetrators of such crimes. (2)  Purpose. (A) The purpose of this section [amending this section and sections 1182, 1184, 1255, and 1367 of this title] is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(U)(iii) (B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused aliens who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States. (C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest. Philippine Traders as Nonimmigrants Philippine traders classifiable as nonimmigrants under subsec. (a)(15)(E) of this section, see section 1184a of this title Irish Peace Process Cultural and Training Program Pub. L. 105319 Oct. 30, 1998 112 Stat. 3013 Pub. L. 107234,  1 Oct. 4, 2002 116 Stat. 1481 Pub. L. 108449,  1(a) Dec. 10, 2004 118 Stat. 3469 section 2(c)(1) of Pub. L. 105319 Oct. 1, 2008 Coordination of Amendments by Pub. L. 104208 Pub. L. 104208, div. C,  1(b) Sept. 30, 1996 110 Stat. 3009546  Except as otherwise specifically provided (1) whenever in this division [see Tables for classification] an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act [ 8 U.S.C. 1101 (2) amendments to a section or other provision are to such section or other provision before any amendment made to such section or other provision elsewhere in this division. Applicability of Title V of Division C of Pub. L. 104208 Pub. L. 104208, div. C, title V,  592 Sept. 30, 1996 110 Stat. 3009688 This title [see Effective Date of 1996 Amendment note above] does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General. Notification to Public and Program Recipients of Changes Regarding Eligibility for Programs Pub. L. 104208, div. C, title V,  593 Sept. 30, 1996 110 Stat. 3009688  (a)  In General Each agency of the Federal Government or a State or political subdivision that administers a program affected by the provisions of this title [see Effective Date of 1996 Amendment note above], shall, directly or through the States, provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this title. (b)  Failure To Give Notice Nothing in this section shall be construed to require or authorize continuation of eligibility if the notice under this section is not provided. Report on Aliens Granted Refugee Status or Asylum Due to Persecution for Resistance to Coercive Population Control Methods Pub. L. 104208, div. C, title VI,  601(a)(2) Sept. 30, 1996 110 Stat. 3009689 Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and countries of origin of aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report shall also contain projections regarding the number and countries of origin of aliens that are likely to be granted refugee status or asylum for the subsequent 2 fiscal years. Sense of Congress Regarding American-Made Products; Requirements for Notice Pub. L. 104208, div. C, title VI,  648 Sept. 30, 1996 110 Stat. 3009711  (a)  Purchase of American-Made Equipment and Products It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this division [see Tables for classification] should be American-made. (b)  Notice to Recipients of Grants In providing grants under this division, the Attorney General, to the greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made in subsection (a) by the Congress. Improving Border Controls Pub. L. 103322, title XIII,  130006 Sept. 13, 1994 108 Stat. 2028  (a)  Authorization of Appropriations There are authorized to be appropriated for the Immigration and Naturalization Service to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with fraudulent documents or who remain in the country after their nonimmigrant visas expire (1) $228,000,000 for fiscal year 1995; (2) $185,000,000 for fiscal year 1996; (3) $204,000,000 for fiscal year 1997; and (4) $58,000,000 for fiscal year 1998. Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of October 1, 1994 (b)  Report By September 30, 1996 September 30, 1998 Visas for Officials of Taiwan Pub. L. 103416, title II,  221 Oct. 25, 1994 108 Stat. 4320 Pub. L. 104208, div. C, title III,  308(d)(3)(E) Sept. 30, 1996 110 Stat. 3009617  Whenever the President of Taiwan or any other high-level official of Taiwan shall apply to visit the United States for the purposes of discussions with United States Federal or State government officials concerning (1) trade or business with Taiwan that will reduce the United States-Taiwan trade deficit, (2) prevention of nuclear proliferation, (3) threats to the national security of the United States, (4) the protection of the global environment, (5) the protection of endangered species, or (6) regional humanitarian disasters, the official shall be admitted to the United States, unless the official is otherwise inadmissible under the immigration laws of the United States. Construction of Expedited Deportation Requirements Pub. L. 103416, title II,  225 Oct. 25, 1994 108 Stat. 4324 Pub. L. 104132, title IV,  436(b)(2) Apr. 24, 1996 110 Stat. 1275 Pub. L. 104208, div. C, title III,  308(c)(4)(B) Sept. 30, 1996 110 Stat. 3009616 No amendment made by this Act [see Tables for classification] shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. [Amendment by Pub. L. 104132 Pub. L. 103416 section 436(b)(3) of Pub. L. 104132 section 1252 of this title Report on Admission of Certain Nonimmigrants Pub. L. 102232, title II,  202(b) Dec. 12, 1991 105 Stat. 1737 Oct. 1, 1994 8 U.S.C. 1101(a)(15)(O) Delay Until April 1, 1992 Pub. L. 102110,  3 Oct. 1, 1991 105 Stat. 557 Section 214(g)(1)(C) of the Immigration and Nationality Act [ 8 U.S.C. 1184(g)(1)(C) April 1, 1992 April 1, 1992 8 U.S.C. 1101(a)(15) September 30, 1991 Commission on Immigration Reform Pub. L. 101649, title I,  141 Nov. 29, 1990 104 Stat. 5001 Pub. L. 102232, title III,  302(c)(1) Dec. 12, 1991 105 Stat. 1744  (a)  Establishment and Composition of Commission (1) Effective October 1, 1991 (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 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 (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 (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 (B) not later than September 30, 1997 (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) (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 GS18 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. 99603 section 1160 of this title (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 (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. (i)  Presidential Report The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b). [References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Special Immigrant Status for Certain Aliens Employed at United States Mission in Hong Kong (D Special Immigrants) Pub. L. 101649, title I,  152 Nov. 29, 1990 104 Stat. 5005 Pub. L. 102232, title III,  302(d)(1) Dec. 12, 1991 105 Stat. 1744  (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 (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 (2) the welfare of the employee or such an immediate family member is subject to a clear threat due directly to the employees employment with the United States Government or under a United States Government official; and (3) the principal officer in Hong Kong, in the officers 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 Inapplicability of Amendment by Pub. L. 101649 Amendment by section 203(c) of Pub. L. 101649 section 203(a)(2) of Pub. L. 101649 section 1288 of this title Application of Treaty Trader for Certain Foreign States Pub. L. 117263, div. E, title LIX,  5902(a) Dec. 23, 2022 136 Stat. 3440 For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) Pub. L. 115226,  2 Aug. 1, 2018 132 Stat. 1625 For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) Pub. L. 112130,  1 June 8, 2012 126 Stat. 376 Israel shall be deemed to be a foreign state described in section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) Pub. L. 101649, title II,  204(b) Nov. 29, 1990 104 Stat. 5019  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) (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) 8 U.S.C. 1152 (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. 99603 section 1153 of this title Clarification of Treatment of Certain International Accounting and Management Consulting Firms Pub. L. 101649, title II,  206(a) Nov. 29, 1990 104 Stat. 5022 Pub. L. 102232, title III,  303(a)(9) Dec. 12, 1991 105 Stat. 1748 Pub. L. 10695,  6 Nov. 12, 1999 113 Stat. 1319 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) Admission of Nonimmigrants for Cooperative Research, Development, and Coproduction Projects Pub. L. 101649, title II,  222 Nov. 29, 1990 104 Stat. 5028 Pub. L. 102232, title III,  303(b)(3) Dec. 12, 1991 105 Stat. 1748  (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 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 Pub. L. 101649, title II,  223 Nov. 29, 1990 104 Stat. 5028 Pub. L. 102232, title III,  303(b)(4) Dec. 12, 1991 105 Stat. 1748  (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, 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 in any fiscal year may not exceed 50. Extension of H1 Immigration Status for Certain Nonimmigrants Employed in Cooperative Research and Development Projects and Coproduction Projects Pub. L. 101189, div. A, title IX,  937 Nov. 29, 1989 103 Stat. 1538 The Attorney General shall provide for the extension through December 31, 1991 8 U.S.C. 1101(a)(15)(H)(i) Nov. 29, 1989 Extension of H1 Status for Certain Registered Nurses Through December 31, 1989 Pub. L. 100658,  4 Nov. 15, 1988 102 Stat. 3909  The Attorney General shall provide for the extension through December 31, 1989 8 U.S.C. 1101(a)(15)(H)(i) (1) such status has not expired as of the date of the enactment of this Act [ Nov. 15, 1988 (2) (A) the aliens status as such a nonimmigrant expired during the period beginning on January 1, 1987 (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 aliens 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 aliens application for extension of such status. Residence Within United States Continued During Period of Absence Pub. L. 100525,  2 o Oct. 24, 1988 102 Stat. 2613 Only for purposes of section 101(a)(27)(I) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(27)(I) 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. 100449 section 2112 of Title 19 Amerasian Immigration Pub. L. 100461, title II Oct. 1, 1988 102 Stat. 226815 Pub. L. 101167, title II Nov. 21, 1989 103 Stat. 1211 Pub. L. 101302, title II May 25, 1990 104 Stat. 228 Pub. L. 101513, title II Nov. 5, 1990 104 Stat. 1996 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 100202 Oct. 1, 1988 8 U.S.C. 1151(b) Pub. L. 100202,  101(e) [title V,  584] Dec. 22, 1987 101 Stat. 1329183 Pub. L. 101167, title II Nov. 21, 1989 103 Stat. 1211 Pub. L. 101513, title II Nov. 5, 1990 104 Stat. 1996 Pub. L. 101649, title VI,  603(a)(20) Nov. 29, 1990 104 Stat. 5084 Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1757  (a) (1) Notwithstanding any numerical limitations specified in the Immigration and Nationality Act [ 8 U.S.C. 1101 (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) (3) Notwithstanding section 221(c) of the Immigration and Nationality Act [ 8 U.S.C. 1201(c) (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 (A) (i) was born in Vietnam after January 1, 1962 January 1, 1976 (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 aliens natural mother (or is the spouse or child of such mother), or (ii) has acted in effect as the principal aliens 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 officers 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 (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) (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 8 U.S.C. 1157 (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 (e) Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act [ 8 U.S.C. 1101 [ Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1757 l Pub. L. 100202 Pub. L. 101649 [ Pub. L. 101513, title II Nov. 5, 1990 104 Stat. 1996 Pub. L. 101513 Pub. L. 100202,  101(e) [title V,  584(b)(2)] Dec. 22, 1987 Authorization of Appropriations for Enforcement and Service Activities of Immigration and Naturalization Service Pub. L. 99603, title I,  111 Nov. 6, 1986 100 Stat. 3381  (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 H2 Agricultural Workers for Certain Legal Assistance Pub. L. 99603, title III,  305 Nov. 6, 1986 100 Stat. 3434 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) 8 U.S.C. 1101(a)(20) 42 U.S.C. 2996 Denial of Crew Member Nonimmigrant Visa in Case of Strikes Pub. L. 99603, title III,  315(d) Nov. 6, 1986 100 Stat. 3440  (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 8 U.S.C. 1101(a)(15)(D) (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 Pub. L. 99603, title IV,  407 Nov. 6, 1986 100 Stat. 3443 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 Commission for the Study of International Migration and Cooperative Economic Development Pub. L. 99603, title VI,  601 Nov. 6, 1986 100 Stat. 3444 Pub. L. 100525,  2(r) Oct. 24, 1988 102 Stat. 2614 Treatment of Departures From Guam Pub. L. 99505,  2 Oct. 21, 1986 100 Stat. 1806 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) Alien Employees of American University of Beirut Priv. L. 9853, Oct. 30, 1984 98 Stat. 3437 8 U.S.C. 1101(a)(27)(A) Oct. 30, 1984 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 Pub. L. 97116,  5(e) Dec. 29, 1981 95 Stat. 1614 Jan. 15, 1983 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 June 30, 1975 Pub. L. 97271 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 section 1184(c) of this title section 3 of Pub. L. 97271 section 1255 of this title Limitation on Admission of Special Immigrants Pub. L. 9670, title III,  3201(c) Sept. 27, 1979 93 Stat. 497 Pub. L. 103416, title II,  212(a) Oct. 25, 1994 108 Stat. 4314  Definitions Pub. L. 104208, div. C,  1(c) Sept. 30, 1996 110 Stat. 3009546 Except as otherwise specifically provided in this division [see Tables for classification], for purposes of titles I [enacting section 1225a of this title section 758 of Title 18 section 758 of Title 18 section 116 of Title 18 section 112 of Title 32 section 191 of Title 50 section 301 of Title 5 section 116 of Title 18 section 405 of Title 42 8 U.S.C. 1101(a) Pub. L. 104208, div. C, title V,  594 Sept. 30, 1996 110 Stat. 3009688  Except as otherwise provided in this title [see Effective Date of 1996 Amendment note above], for purposes of this title (1) the terms alien, Attorney General, national, naturalization, State, and United States shall have the meaning given such terms in section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) (2) the term child shall have the meaning given such term in section 101(c) of the Immigration and Nationality Act. Pub. L. 85316,  14 Sept. 11, 1957 71 Stat. 643 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) section 1153 of this title Executive Documents Admission of Hawaii as State Admission of Hawaii into the Union was accomplished Aug. 21, 1959 Aug. 25, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  Ex. Ord. No. 12711. Policy Implementation With Respect to Nationals of Peoples Republic of China Ex. Ord. No. 12711, Apr. 11, 1990 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. 1101155 Section January 1, 1994 June 5, 1989 Sec January 1, 1994 Sec (a) irrevocable waiver of the 2-year home country residence requirement that may be exercised until January 1, 1994 (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 (c) authorization for employment of such PRC nationals through January 1, 1994 (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 January 29, 1990 Sec Sec Sec  George Bush.  Deterring Illegal Immigration Memorandum of President of the United States, Feb. 7, 1995 Memorandum for the Heads of Executive Departments and Agencies It is a fundamental right and duty for a nation to protect the integrity of its borders and its laws. This Administration shall stand firm against illegal immigration and the continued abuse of our immigration laws. By closing the back door to illegal immigration, we will continue to open the front door to legal immigrants. My Administration has moved swiftly to reverse the course of a decade of failed immigration policies. Our initiatives have included increasing overall Border personnel by over 50 percent since 1993. We also are strengthening worksite enforcement and work authorization verification to deter employment of illegal aliens. Asylum rules have been reformed to end abuse by those falsely claiming asylum, while offering protection to those in genuine fear of persecution. We are cracking down on smugglers of illegal aliens and reforming criminal alien deportation for quicker removal. And we are the first Administration to obtain funding to reimburse States for a share of the costs of incarcerating criminal illegal aliens. While we already are doing more to stem the flow of illegal immigration than has any previous Administration, more remains to be done. In conjunction with the Administrations unprecedented budget proposal to support immigration initiatives, this directive provides a blueprint of policies and priorities for this Administrations continuing work to curtail illegal immigration. With its focus on strong border deterrence backed up by effective worksite enforcement, removal of criminal and other deportable aliens and assistance to states, this program protects the security of our borders, our jobs and our communities for all Americanscitizens and legal immigrants alike. COMPREHENSIVE BORDER CONTROL STRATEGY A. Deterring Illegal Immigration At Our Borders I have directed the Attorney General to move expeditiously toward full implementation of our comprehensive border control strategy, including efforts at the southwest border. To support sustained long-term strengthening of our deterrence capacity, the Administration shall seek funding to add new Border Patrol agents to reach the goal of at least 7,000 agents protecting our borders by the year 2000.  Flexible Border Response Capacity To further this strategy, the Department of Justice shall implement the capacity to respond to emerging situations anywhere along our national borders to deter buildups of illegal border crossers, smuggling operations, or other developing problems.  Strategic Use of High Technology Through the strategic use of sensors, night scopes, helicopters, light planes, all-terrain vehicles, fingerprinting and automated recordkeeping, we have freed many Border Patrol agents from long hours of bureaucratic tasks and increased the effectiveness of these highly-trained personnel. Because these tools are essential for the Immigration and Naturalization Service (INS) to do its job, I direct the Attorney General to accelerate to the greatest extent possible their utilization and enhancement to support implementation of our deterrence strategy.  Strong Enforcement Against Repeat Illegal Crossers The Department of Justice shall assess the effectiveness of efforts underway to deter repeat illegal crossers, such as fingerprinting and dedicating prosecution resources to enforce the new prosecution authority provided by the Violent Crime Control and Law Enforcement Act of 1994 [ Pub. L. 103322 The Department of Justice shall determine whether accelerated expansion of these techniques to additional border sectors is warranted. B. Deterring Alien Smuggling This Administration has had success deterring large ship-based smuggling directly to United States shores. In response, smugglers are testing new routes and tactics. Our goal: similar success in choking off these attempts by adjusting our anti-smuggling initiatives to anticipate shifting smuggling patterns. To meet new and continuing challenges posed along transport routes and in foreign locations by smuggling organizations, we will augment diplomatic and enforcement resources at overseas locations to work with host governments, and increase related intelligence gathering efforts. The Departments of State and Justice, in cooperation with other relevant agencies, will report to the National Security Council within 30 days on the structure of interagency coordination to achieve these objectives. Congressional action will be important to provide U.S. law enforcement agencies with needed authority to deal with international smuggling operations. I will propose that the Congress pass legislation providing wiretap authority for investigation of alien smuggling cases and providing authorization to seize the assets of groups engaged in trafficking in human cargo. In addition, I will propose legislation to give the Attorney General authority to implement procedures for expedited exclusion to deal with large flows of undocumented migrants, smuggling operations, and other extraordinary migration situations. C. Visa Overstay Deterrence Nearly half of this countrys illegal immigrants come into the country legally and then stay after they are required by law to depart, often using fraudulent documentation. No Administration has ever made a serious effort to identify and deport these individuals. This Administration is committed to curtailing this form of illegal immigration. Therefore, relevant departments and agencies are directed to review their policies and practices to identify necessary reforms to curtail visa overstayers and to enhance investigations and prosecution of those who fraudulently produce or misuse passports, visas, and other travel related documents. Recommendations for administrative initiatives and legislative reform shall be presented to the White House Interagency Working Group on Immigration by June 30, 1995 REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT, AND DETERRENCE Border deterrence cannot succeed if the lure of jobs in the United States remains. Therefore, a second major component of the Administrations deterrence strategy is to toughen worksite enforcement and employer sanctions. Employers who hire illegal immigrants not only obtain unfair competitive advantage over law-abiding employers, their unlawful use of illegal immigrants suppresses wages and working conditions for our countrys legal workers. Our strategy, which targets enforcement efforts at employers and industries that historically have relied upon employment of illegal immigrants, will not only strengthen deterrence of illegal immigration, but better protect American workers and businesses that do not hire illegal immigrants. Central to this effort is an effective, nondiscriminatory means of verifying the employment authorization of all new employees. The Administration fully supports the recommendation of the Commission on Legal Immigration Reform to create pilot projects to test various techniques for improving workplace verification, including a computer database test to validate a new workers social security number for work authorization purposes. The Immigration and Naturalization Service (INS) and Social Security Administration are directed to establish, implement, monitor, and review the pilots and provide me with an interim report on the progress of this program by March 1, 1996 In addition, the INS is directed to finalize the Administrations reduction of the number of authorized documents to support work verification for noncitizens. Concurrently, the Administration will seek further reduction legislatively in the number of documents that are acceptable for proving identity and work authorization. The Administration will improve the security of existing documents to be used for work authorization and seek increased penalties for immigration fraud, including fraudulent production and use of documents. The Department of Labor shall intensify its investigations in industries with patterns of labor law violations that promote illegal immigration. I also direct the Department of Labor, INS, and other relevant Federal agencies to expand their collaboration in cracking down on those who subvert fair competition by hiring illegal aliens. This may include increased Federal authority to confiscate assets that are the fruits of that unfair competition. The White House Interagency Working Group on Immigration shall further examine the link between immigration and employment, including illegal immigration, and recommend to me other appropriate measures. DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS The Administrations deterrence strategy includes strengthening the countrys detention and deportation capability. No longer will criminals and other high risk deportable aliens be released back into communities because of a shortage of detention space and ineffective deportation procedures. A. Comprehensive Deportation Process Reform The Department of Justice, in consultation with other relevant agencies, shall develop a streamlined, fair, and effective procedure to expedite removal of deportable aliens. As necessary, additional legislative authority will be sought in this area. In addition, the Department of Justice shall increase its capacity to staff deportation and exclusion hearings to support these objectives. B. National Detention and Removal Plan To address the shortage of local detention space for illegal aliens, the Administration shall devise a National Detention, Transportation, and Removal Policy that will permit use of detention space across the United States and improve the ability to remove individuals with orders of deportation. The Department of Justice, in consultation with other agencies as appropriate and working under the auspices of the White House Interagency Working Group on Immigration, shall finalize this plan by April 30, 1995 The Administration will seek support and funding from the Congress for this plan and for our efforts to double the removal of illegal aliens with final orders of deportation. C. Identification and Removal of Criminal Aliens The Institutional Hearing Program is successfully expediting deportation of incarcerated criminal aliens after they serve their sentences. To further expedite removal of criminal aliens from this country and reduce costs to Federal and State governments, the Department of Justice is directed to develop an expanded program of verification of the immigration status of criminal aliens within our countrys prisons. In developing this program, the viability of expanding the work of the Law Enforcement Support Center should be assessed and all necessary steps taken to increase coordination and cooperative efforts with State, and local law enforcement officers in identification of criminal aliens. TARGETED DETERRENCE AREAS Many of the Administrations illegal immigration enforcement initiatives are mutually reinforcing. For example, strong interior enforcement supports border control. While there have been efforts over the years at piecemeal cooperation, this Administration will examine, develop, and test a more comprehensive coordinated package of deterrence strategies in selected metropolitan areas by multiple Federal, State, and local agencies. The White House Interagency Working Group on Immigration shall coordinate the development of this interagency and intergovernmental operation. VERIFICATION OF ELIGIBILITY FOR BENEFITS The law denies most government benefits to illegal aliens. The government has a duty to assure that taxpayer-supported public assistance programs are not abused. As with work authorization, enforcement of eligibility requirements relies upon a credible system of verification. The INS, working with the White House Interagency Working Group on Immigration as appropriate, shall review means of improving the existing benefits verification program. In addition, we will seek new mechanismsincluding increased penalties for false information used to qualify for benefitsto protect the integrity of public programs. ANTI-DISCRIMINATION Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens. Therefore, I direct the Attorney General, the Secretary of Health and Human Services, the Chair of the Equal Employment Opportunity Commission, and other relevant Administration officials to vigorously protect our citizens and legal immigrants from immigration-related instances of discrimination and harassment. All illegal immigration enforcement measures shall be taken with due regard for the basic human rights of individuals and in accordance with our obligations under applicable international agreements. ASSISTANCE TO STATES States today face significant costs for services provided to illegal immigrants as a result of failed policies of the past. Deterring illegal immigration is the best long-term solution to protect States from growing costs for illegal immigration. This is the first Administration to address this primary responsibility squarely. We are targeting most of our Federal dollars to those initiatives that address the root causes that lead to increased burdens on States. The Federal Government provides States with billions of dollars to provide for health care, education, and other services and benefits for immigrants. This Administration is proposing increases for immigration and immigration-related spending of 25 percent in 1996 compared to 1993 levels. In addition, this Administration is the first to obtain funding from the Congress to reimburse States for a share of the costs of incarcerated illegal aliens. This Administration will continue to work with States to obtain more Federal help for certain State costs and will oppose inappropriate cost-shifting to the States. INTERNATIONAL COOPERATION This Administration will continue to emphasize international cooperative efforts to address illegal immigration. Pursuant to a Presidential Review Directive (PRD), the Department of State is now coordinating a study on United States policy toward international refugee and migration affairs. I hereby direct that, as part of that PRD process, this report to the National Security Council include the relationship of economic development and migration in the Western Hemisphere and, in particular, provide recommendations for further foreign economic policy measures to address causes of illegal immigration. The Department of State shall coordinate an interagency effort to consider expanded arrangements with foreign governments for return of criminal and deportable aliens. The Department of State also shall seek to negotiate readmission agreements for persons who could have sought asylum in the last country from which they arrived. Such agreements will take due regard of U.S. obligations under the Protocol Relating to the Status of Refugees. The Department of State further shall implement cooperative efforts with other nations receiving smuggled aliens or those used as transhipment points by smugglers. In particular, we will look to countries in our hemisphere to join us by denying their territory as bases for smuggling operations. The Department of State shall initiate negotiations with foreign countries to secure authority for the United States Coast Guard to board source country vessels suspected of transporting smuggled aliens. This directive shall be published in the Federal Register.  William J. Clinton.  1102. Diplomatic and semidiplomatic immunities 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 removal 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 section 1182(a)(3) of this title (2) within the class described in paragraph (15)(G)(i) of section 1101(a) of this title section 1182(a)(3) of this title (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 section 1182(a)(3) of this title ( June 27, 1952, ch. 477 66 Stat. 173 Pub. L. 100525,  9(b) Oct. 24, 1988 102 Stat. 2619 Pub. L. 101649, title VI,  603(a)(2) Nov. 29, 1990 104 Stat. 5082 Pub. L. 102232, title III,  307(i) Dec. 12, 1991 105 Stat. 1756 Pub. L. 104208, div. C, title III,  308(d)(4)(B) Sept. 30, 1996 110 Stat. 3009617  Editorial Notes  References in Text This chapter, referred to in introductory provisions, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996 Pub. L. 104208 1991Pars. (1) to (3). Pub. L. 102232 section 1182(a)(3) of this title section 1182(a) of this title 1990Pars. (1) to (3). Pub. L. 101649 1988Par. (2). Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Denial of Visas to Certain Representatives to United Nations Pub. L. 101246, title IV,  407 Feb. 16, 1990 104 Stat. 67 Pub. L. 113100,  1 Apr. 18, 2014 128 Stat. 1145  (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 80357 Aug. 4, 1947, ch. 482 22 U.S.C. 287 (1) has been found to have been engaged in espionage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) (2) 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.  1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General (a) Secretary of Homeland Security (1) The Secretary of Homeland Security 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, Attorney General, the Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however (2) He shall have control, direction, and supervision of all employees and of all the files and records of the Service. (3) 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. (4) 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. (5) 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. (6) 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. (7) He may, with the concurrence of the Secretary of State, establish offices 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. (8) After consultation with the Secretary of State, the Attorney General may authorize officers of a foreign country to be stationed at preclearance facilities in the United States for the purpose of ensuring that persons traveling from or through the United States to that foreign country comply with that countrys immigration and related laws. (9) Those officers may exercise such authority and perform such duties as United States immigration officers are authorized to exercise and perform in that foreign country under reciprocal agreement, and they shall enjoy such reasonable privileges and immunities necessary for the performance of their duties as the government of their country extends to United States immigration officers. (10) In the event the Attorney General determines that an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response, the Attorney General may authorize any State or local law enforcement officer, with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving, to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Service. (11) The Attorney General, in support of persons in administrative detention in non-Federal institutions, is authorized (A) to make payments from funds appropriated for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration for necessary clothing, medical care, necessary guard hire, and the housing, care, and security of persons detained by the Service pursuant to Federal law under an agreement with a State or political subdivision of a State; and (B) to enter into a cooperative agreement with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies or materials required to establish acceptable conditions of confinement and detention services in any State or unit of local government which agrees to provide guaranteed bed space for persons detained by the Service. (b) Land acquisition authority (1) The Attorney General may contract for or buy any interest in land, including temporary use rights, adjacent to or in the vicinity of an international land border when the Attorney General deems the land essential to control and guard the boundaries and borders of the United States against any violation of this chapter. (2) The Attorney General may contract for or buy any interest in land identified pursuant to paragraph (1) as soon as the lawful owner of that interest fixes a price for it and the Attorney General considers that price to be reasonable. (3) When the Attorney General and the lawful owner of an interest identified pursuant to paragraph (1) are unable to agree upon a reasonable price, the Attorney General may commence condemnation proceedings pursuant to section 3113 of title 40 (4) The Attorney General may accept for the United States a gift of any interest in land identified pursuant to paragraph (1). (c) 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. The Commissioner may enter into cooperative agreements with State and local law enforcement agencies for the purpose of assisting in the enforcement of the immigration laws. (d) 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 not been admitted or have been removed from the United States, on the number of applications filed and granted for cancellation of removal, 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. (e) Annual report (1) The Commissioner shall submit to Congress annually a report which contains a summary of the information collected under subsection (d) 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. (f) Minimum number of agents in States The Attorney General shall allocate to each State not fewer than 10 full-time active duty agents of the Immigration and Naturalization Service to carry out the functions of the Service, in order to ensure the effective enforcement of this chapter. (g) Attorney General (1) In general The Attorney General shall have such authorities and functions under this chapter and all other laws relating to the immigration and naturalization of aliens as were exercised by the Executive Office for Immigration Review, or by the Attorney General with respect to the Executive Office for Immigration Review, on the day before the effective date of the Immigration Reform, Accountability and Security Enhancement Act of 2002. (2) Powers The Attorney General shall establish such regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other acts as the Attorney General determines to be necessary for carrying out this section. ( June 27, 1952, ch. 477 66 Stat. 173 Pub. L. 100525,  9(c) Oct. 24, 1988 102 Stat. 2619 Pub. L. 101649, title I,  142 Nov. 29, 1990 104 Stat. 5004 Pub. L. 104208, div. C, title I Sept. 30, 1996 110 Stat. 3009555 Pub. L. 107296, title XI,  1102 Nov. 25, 2002 116 Stat. 2273 Pub. L. 1087, div. L,  105(a)(1) Feb. 20, 2003 117 Stat. 531 Pub. L. 108458, title V,  5505(a) Dec. 17, 2004 118 Stat. 3741 Pub. L. 111122,  2(a) Dec. 22, 2009 123 Stat. 3480  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title The Immigration Reform, Accountability and Security Enhancement Act of 2002, referred to in subsec. (g)(1), was S. 2444 of the 107th Congress, as introduced on May 2, 2002 section 521 of Title 6 Codification  Section 3113 of title 40 August 1, 1888 25 Stat. 357 Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Amendments 2009Subsec. (h). Pub. L. 111122 2004Subsec. (h). Pub. L. 108458 2003Subsec. (a). Pub. L. 1087,  105(a)(1) Pub. L. 107296,  1102(2) Pub. L. 1087,  105(a)(2) Pub. L. 107296 section 1102(2) of Pub. L. 107296 2002 Pub. L. 107296,  1102(1) Subsec. (a). Pub. L. 107296,  1102(2)(A) Pub. L. 1087,  105(a)(1) Subsec. (a)(1). Pub. L. 107296,  1102(2)(B) Pub. L. 1087,  105(a)(1) Pub. L. 107296,  1102(2)(C) Pub. L. 1087,  105(a)(2) Subsec. (a)(8) to (11). Pub. L. 107296,  1102(2)(D) Pub. L. 1087,  105(a)(2) Subsec. (g). Pub. L. 107296,  1102(3) 1996Subsec. (a). Pub. L. 104208,  372(1) Pub. L. 104208,  125 Subsec. (a)(8). Pub. L. 104208,  372(3) Subsec. (a)(9). Pub. L. 104208,  373(1) Subsec. (b). Pub. L. 104208,  102(d)(1)(B) Subsec. (c). Pub. L. 104208,  373(2) Pub. L. 104208,  102(d)(1)(A) Subsec. (d). Pub. L. 104208,  102(d)(1)(A) Subsec. (d)(2). Pub. L. 104208,  308(e)(4) Pub. L. 104208,  102(d)(1)(A) Pub. L. 104208,  308(d)(4)(C) Pub. L. 104208,  102(d)(1)(A) Subsec. (e). Pub. L. 104208,  102(d)(2) Pub. L. 104208,  102(d)(1)(A) Subsec. (f). Pub. L. 104208,  134(a) 1990Subsecs. (c), (d). Pub. L. 101649 1988Subsec. (a). Pub. L. 100525,  9(c)(1) Subsec. (b). Pub. L. 100525,  9(c)(2) Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 Mar. 1, 2003 section 1104 of Pub. L. 107296 Pub. L. 1087 section 521 of Title 6 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title I,  134(b) Sept. 30, 1996 110 Stat. 3009564 The amendment made by subsection (a) [amending this section] shall take effect 90 days after the date of the enactment of this Act [ Sept. 30, 1996 Amendment by section 308(d)(4)(C), (e)(4) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Oct. 1, 1991 section 161(a) of Pub. L. 101649 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Reporting Requirements Pub. L. 116159, div. D, title I,  4103 Oct. 1, 2020 134 Stat. 741  (a)  In General Not later than 180 days after the date of the enactment of this Act [ Oct. 1, 2020 (1) Establish electronic filing procedures for all applications and petitions for immigration benefits. (2) Accept electronic payment of fees at all filing locations. (3) Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically. (4) Improve processing times for all immigration and naturalization benefit requests. (b)  Semi-annual Briefings Not later than 180 days after submission of the plan described in subsection (a), and on a semi-annual basis thereafter, the Secretary shall advise the appropriate Committees on the implementation status of such plan. (c)  Appropriate Committees Defined In this section, the term appropriate Committees means (1) the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives; and (2) the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. Fingerprint Cards Pub. L. 105119, title I Nov. 26, 1997 111 Stat. 2448 That beginning seven calendar days after the enactment of this Act [ Nov. 26, 1997 8 U.S.C. 1101 Improvement of Barriers at Border Pub. L. 104208, div. C, title I,  102(a) Sept. 30, 1996 110 Stat. 3009554 Pub. L. 10913, div. B, title I,  102 May 11, 2005 119 Stat. 306 Pub. L. 109367,  3 Oct. 26, 2006 120 Stat. 2638 Pub. L. 110161, div. E, title V,  564(a) Dec. 26, 2007 121 Stat. 2090  (a)  In General The Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. (b)  Construction of Fencing and Road Improvements Along the Border. (1)  Additional fencing along southwest border. (A)  Reinforced fencing In carrying out subsection (a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border. (B)  Priority areas In carrying out this section [amending this section], the Secretary of Homeland Security shall (i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008 (ii) not later than December 31, 2008 (C)  Consultation. (i)  In general In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed. (ii)  Savings provision Nothing in this subparagraph may be construed to (I) create or negate any right of action for a State, local government, or other person or entity affected by this subsection; or (II) affect the eminent domain laws of the United States or of any State. (D)  Limitation on requirements Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location. (2)  Prompt acquisition of necessary easements The Attorney General, acting under the authority conferred in section 103(b) of the Immigration and Nationality Act [ 8 U.S.C. 1103(b) (3)  Safety features The Attorney General, while constructing the additional fencing under this subsection, shall incorporate such safety features into the design of the fence system as are necessary to ensure the well-being of border patrol agents deployed within or in near proximity to the system. (4)  Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph are authorized to remain available until expended. (c)  Waiver. (1)  In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretarys sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section [amending this section]. Any such decision by the Secretary shall be effective upon being published in the Federal Register. (2)  Federal court review. (A)  In general The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph. (B)  Time for filing of complaint Any cause or claim brought pursuant to subparagraph (A) shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim shall be barred unless it is filed within the time specified. (C)  Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. Improved Border Equipment and Technology Pub. L. 104208, div. C, title I,  103 Sept. 30, 1996 110 Stat. 3009555 The Attorney General is authorized to acquire and use, for the purpose of detection, interdiction, and reduction of illegal immigration into the United States, any Federal equipment (including fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans, night vision goggles, night vision scopes, and sensor units) determined available for transfer by any other agency of the Federal Government upon request of the Attorney General. Hiring and Training Standards Pub. L. 104208, div. C, title I,  106(a) Sept. 30, 1996 110 Stat. 3009556  (a)  Review of Hiring Standards Not later than 60 days after the date of the enactment of this Act [ Sept. 30, 1996 (b)  Certification At the conclusion of each of fiscal years 1997, 1998, 1999, 2000, and 2001, the Attorney General shall certify in writing to the Committees on the Judiciary of the House of Representatives and of the Senate that all personnel hired by the Commissioner of Immigration and Naturalization for such fiscal year were hired pursuant to the appropriate standards, as revised under subsection (a). Report on Border Strategy Pub. L. 104208, div. C, title I,  107 Sept. 30, 1996 110 Stat. 3009557  (a)  Evaluation of Strategy The Comptroller General of the United States shall track, monitor, and evaluate the Attorney Generals strategy to deter illegal entry in the United States to determine the efficacy of such strategy. (b)  Cooperation The Attorney General, the Secretary of State, and the Secretary of Defense shall cooperate with the Comptroller General of the United States in carrying out subsection (a). (c)  Report Not later than one year after the date of the enactment of this Act [ Sept. 30, 1996 Compensation for Immigration Judges Pub. L. 104208, div. C, title III,  371(c) Sept. 30, 1996 110 Stat. 3009645  (1)  In general There shall be four levels of pay for immigration judges, under the Immigration Judge Schedule (designated as IJ1, 2, 3, and 4, respectively), and each such judge shall be paid at one of those levels, in accordance with the provisions of this subsection. (2)  Rates of pay. (A) The rates of basic pay for the levels established under paragraph (1) shall be as follows:      IJ1 70% of the next to highest rate of basic pay for the Senior Executive Service IJ2 80% of the next to highest rate of basic pay for the Senior Executive Service IJ3 90% of the next to highest rate of basic pay for the Senior Executive Service IJ4 92% of the next to highest rate of basic pay for the Senior Executive Service. (B) Locality pay, where applicable, shall be calculated into the basic pay for immigration judges. (3)  Appointment. (A) Upon appointment, an immigration judge shall be paid at IJ1, and shall be advanced to IJ2 upon completion of 104 weeks of service, to IJ3 upon completion of 104 weeks of service in the next lower rate, and to IJ4 upon completion of 52 weeks of service in the next lower rate. (B) Notwithstanding subparagraph (A), the Attorney General may provide for appointment of an immigration judge at an advanced rate under such circumstances as the Attorney General may determine appropriate. (4)  Transition Immigration judges serving as of the effective date shall be paid at the rate that corresponds to the amount of time, as provided under paragraph (3)(A), that they have served as an immigration judge, and in no case shall be paid less after the effective date than the rate of pay prior to the effective date. [ Pub. L. 104208, div. C, title III,  371(d)(2) Sept. 30, 1996 110 Stat. 3009646 Subsection (c) [set out above] shall take effect 90 days after the date of the enactment of this Act [ Sept. 30, 1996 Machine-Readable Document Border Security Program Pub. L. 100690, title IV,  4604 Nov. 18, 1988 102 Stat. 4289 Pub. L. 102583,  6(e)(1) Nov. 2, 1992 106 Stat. 4933 Immigration and Naturalization Service Personnel Enhancement Pub. L. 100690, title VII,  7350 Nov. 18, 1988 102 Stat. 4473  (a)  Pilot Program Regarding the Identification of Certain Aliens. (1) Within 6 months after the effective date of this subtitle [ Nov. 18, 1988 8 U.S.C. 1101(a)(43) (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. 99570, title I,  1751(e) Oct. 27, 1986 100 Stat. 320748  (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 section 5195 of Title 42 Executive Documents  Ex. Ord. No. 13404. Task Force on New Americans Ex. Ord. No. 13404, June 7, 2006 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Homeland Security and Federal, State, and local agencies to help legal immigrants embrace the common core of American civic culture, learn our common language, and fully become Americans, it is hereby ordered as follows: Section Establishment Sec Membership and Operation (i) the Secretary of Homeland Security, who shall serve as Chair; (ii) the Secretary of State; (iii) the Secretary of the Treasury; (iv) the Secretary of Defense; (v) the Attorney General; (vi) the Secretary of Agriculture; (vii) the Secretary of Commerce; (viii) the Secretary of Labor; (ix) the Secretary of Health and Human Services; (x) the Secretary of Housing and Urban Development; (xi) the Secretary of Education; (xii) such other officers or employees of the Department of Homeland Security as the Secretary may from time to time designate; and (xiii) such other officers of the United States as the Secretary may designate from time to time, with the concurrence of the respective heads of departments and agencies concerned. (b) The Secretary shall convene and preside at meetings of the Task Force, direct its work, and as appropriate, establish and direct subgroups of the Task Force that shall consist exclusively of Task Force members. The Secretary shall designate an official of the Department to serve as the Executive Secretary of the Task Force, and the Executive Secretary shall head the staff assigned to the Task Force. Sec Functions (a) provide direction to executive departments and agencies (agencies) concerning the integration into American society of Americas legal immigrants, particularly through instruction in English, civics, and history; (b) promote public-private partnerships that will encourage businesses to offer English and civics education to workers; (c) identify ways to expand English and civics instruction for legal immigrants, including through faith-based, community, and other groups, and ways to promote volunteer community service; and (d) make recommendations to the President, through the Secretary, from time to time regarding: (i) actions to enhance cooperation among agencies on the integration of legal immigrants into American society; (ii) actions to enhance cooperation among Federal, State, and local authorities responsible for the integration of legal immigrants; (iii) changes in rules, regulations, or policy to improve the effective integration of legal immigrants into American society; and (iv) proposed legislation relating to the integration of legal immigrants into American society. Sec Administration (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This order is intended to improve the internal management of the Federal Government. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity against the United States, its departments, agencies, entities, instrumentalities, officers, employees, agents, or any other person.  George W. Bush.  Executive Order No. 13767 Ex. Ord. No. 13767, Jan. 25, 2017 Feb. 2, 2021  Executive Order No. 13768 Ex. Ord. No. 13768, Jan. 25, 2017 Jan. 20, 2021  Executive Order No. 13841 Ex. Ord. No. 13841, June 20, 2018 Feb. 2, 2021  Ex. Ord. No. 13993. Revision of Civil Immigration Enforcement Policies and Priorities Ex. Ord. No. 13993, Jan. 20, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Policy Sec. Revocation January 25, 2017 Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  Ex. Ord. No. 14010. Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border Ex. Ord. No. 14010, Feb. 2, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq Section Policy The United States is also a country with borders and with laws that must be enforced. Securing our borders does not require us to ignore the humanity of those who seek to cross them. The opposite is true. We cannot solve the humanitarian crisis at our border without addressing the violence, instability, and lack of opportunity that compel so many people to flee their homes. Nor is the United States safer when resources that should be invested in policies targeting actual threats, such as drug cartels and human traffickers, are squandered on efforts to stymie legitimate asylum seekers. Consistent with these principles, my Administration will implement a multi-pronged approach toward managing migration throughout North and Central America that reflects the Nations highest values. We will work closely with civil society, international organizations, and the governments in the region to: establish a comprehensive strategy for addressing the causes of migration in the region; build, strengthen, and expand Central and North American countries asylum systems and resettlement capacity; and increase opportunities for vulnerable populations to apply for protection closer to home. At the same time, the United States will enhance lawful pathways for migration to this country and will restore and strengthen our own asylum system, which has been badly damaged by policies enacted over the last 4 years that contravened our values and caused needless human suffering. Sec. United States Strategies for Addressing the Root Causes of Irregular Migration and for Collaboratively Managing Migration in the Region (i) the United States Strategy for Addressing the Root Causes of Migration (the Root Causes Strategy); and (ii) the United States Strategy for Collaboratively Managing Migration in the Region (the Collaborative Management Strategy). (b) The Root Causes Strategy shall identify and prioritize actions to address the underlying factors leading to migration in the region and ensure coherence of United States Government positions. The Root Causes Strategy shall take into account, as appropriate, the views of bilateral, multilateral, and private sector partners, as well as civil society, and it shall include proposals to: (i) coordinate place-based efforts in El Salvador, Guatemala, and Honduras (the Northern Triangle) to address the root causes of migration, including by: (A) combating corruption, strengthening democratic governance, and advancing the rule of law; (B) promoting respect for human rights, labor rights, and a free press; (C) countering and preventing violence, extortion, and other crimes perpetrated by criminal gangs, trafficking networks, and other organized criminal organizations; (D) combating sexual, gender-based, and domestic violence; and (E) addressing economic insecurity and inequality; (ii) consult and collaborate with the Office of the United States Trade Representative, the Secretary of Commerce, and the Secretary of Labor to evaluate compliance with the Dominican Republic-Central America Free Trade Agreement to ensure that unfair labor practices do not disadvantage competition; and (iii) encourage the deployment of Northern Triangle domestic resources and the development of Northern Triangle domestic capacity to replicate and scale efforts to foster sustainable societies across the region. (c) The Collaborative Management Strategy shall identify and prioritize actions to strengthen cooperative efforts to address migration flows, including by expanding and improving upon previous efforts to resettle throughout the region those migrants who qualify for humanitarian protection. The Collaborative Management Strategy should focus on programs and infrastructure that facilitate access to protection and other lawful immigration avenues, in both the United States and partner countries, as close to migrants homes as possible. Priorities should include support for expanding pathways through which individuals facing difficult or dangerous conditions in their home countries can find stability and safety in receiving countries throughout the region, not only through asylum and refugee resettlement, but also through labor and other non-protection-related programs. To support the development of the Collaborative Management Strategy, the United States Government shall promptly begin consultations with civil society, the private sector, international organizations, and governments in the region, including the Government of Mexico. These consultations should address: (i) the continued development of asylum systems and resettlement capacities of receiving countries in the region, including through the provision of funding, training, and other support; (ii) the development of internal relocation and integration programs for internally displaced persons, as well as return and reintegration programs for returnees in relevant countries of the region; and (iii) humanitarian assistance, including through expansion of shelter networks, to address the immediate needs of individuals who have fled their homes to seek protection elsewhere in the region. Sec. Expansion of Lawful Pathways for Protection and Opportunity in the United States (b) As part of the review conducted pursuant to section 3(a) of this order, the Secretary of Homeland Security shall: (i) consider taking all appropriate actions to reverse the 2017 decision rescinding the Central American Minors (CAM) parole policy and terminating the CAM Parole Program, see Termination of the Central American Minors Parole Program, 82 FR 38,926 ( August 16, 2017 (ii) consider promoting family unity by exercising the Secretarys discretionary parole authority to permit certain nationals of the Northern Triangle who are the beneficiaries of approved family-sponsored immigrant visa petitions to join their family members in the United States, on a case-by-case basis. (c) The Secretary of State and the Secretary of Homeland Security shall promptly evaluate and implement measures to enhance access for individuals from the Northern Triangle to visa programs, as appropriate and consistent with applicable law. Sec. Restoring and Enhancing Asylum Processing at the Border Resuming the Safe and Orderly Processing of Asylum Claims at United States Land Borders. (i) The Secretary of Homeland Security and the Director of the Centers for Disease Control and Prevention (CDC), in coordination with the Secretary of State, shall promptly begin consultation and planning with international and non-governmental organizations to develop policies and procedures for the safe and orderly processing of asylum claims at United States land borders, consistent with public health and safety and capacity constraints. (ii) The Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services (HHS), and the Director of CDC, shall promptly begin taking steps to reinstate the safe and orderly reception and processing of arriving asylum seekers, consistent with public health and safety and capacity constraints. Additionally, in furtherance of this goal, as appropriate and consistent with applicable law: (A) The Secretary of HHS and the Director of CDC, in consultation with the Secretary of Homeland Security, shall promptly review and determine whether termination, rescission, or modification of the following actions is necessary and appropriate: Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, October 13, 2020 September 11, 2020 (B) The Secretary of Homeland Security shall promptly review and determine whether to terminate or modify the program known as the Migrant Protection Protocols (MPP), including by considering whether to rescind the Memorandum of the Secretary of Homeland Security titled Policy Guidance for Implementation of the Migrant Protection Protocols ( January 25, 2019 (C) The Attorney General and the Secretary of Homeland Security shall promptly review and determine whether to rescind the interim final rule titled Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims, 83 FR 55,934 ( November 9, 2018 December 17, 2020 (D) The Attorney General and the Secretary of Homeland Security shall promptly review and determine whether to rescind the interim final rule titled Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act, 84 FR 63,994 ( November 19, 2019 (1) Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala on Cooperation Regarding the Examination of Protection Claims, 84 FR 64,095 ( July 26, 2019 (2) Agreement Between the Government of the United States of America and the Government of the Republic of El Salvador for Cooperation in the Examination of Protection Claims, 85 FR 83,597 ( September 20, 2019 (3) Agreement Between the Government of the United States of America and the Government of the Republic of Honduras for Cooperation in the Examination of Protection Claims, 85 FR 25,462 ( September 25, 2019 (E) The Secretary of Homeland Security shall promptly cease implementing the Prompt Asylum Case Review program and the Humanitarian Asylum Review Program and consider rescinding any orders, rules, regulations, guidelines or policies implementing those programs. (F) The following Presidential documents are revoked: (1) Executive Order 13767 of January 25, 2017 (2) Proclamation 9880 of May 8, 2019 (3) Presidential Memorandum of April 29, 2019 (4) Presidential Memorandum of April 6, 2018 (5) Presidential Memorandum of April 4, 2018 (G) The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall promptly take steps to rescind any agency memoranda or guidance issued in reliance on or in furtherance of any directive revoked by section 4(a)(ii)(F) of this order. (b) Ensuring a Timely and Fair Expedited Removal Process. (i) The Secretary of Homeland Security, with support from the United States Digital Service within the Office of Management and Budget, shall promptly begin a review of procedures for individuals placed in expedited removal proceedings at the United States border. Within 120 days of the date of this order [ Feb. 2, 2021 (ii) The Secretary of Homeland Security shall promptly review and consider whether to modify, revoke, or rescind the designation titled Designating Aliens for Expedited Removal, 84 FR 35,409 ( July 23, 2019 8 U.S.C. 1225(b)(1) (c) Asylum Eligibility (i) within 180 days of the date of this order, conduct a comprehensive examination of current rules, regulations, precedential decisions, and internal guidelines governing the adjudication of asylum claims and determinations of refugee status to evaluate whether the United States provides protection for those fleeing domestic or gang violence in a manner consistent with international standards; and (ii) within 270 days of the date of this order, promulgate joint regulations, consistent with applicable law, addressing the circumstances in which a person should be considered a member of a particular social group, as that term is used in 8 U.S.C. 1101(a)(42)(A) Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  Ex. Ord. No. 14011. Establishment of Interagency Task Force on the Reunification of Families Ex. Ord. No. 14011, Feb. 2, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reunite children separated from their families at the United States-Mexico border, it is hereby ordered as follows: Section Policy Sec. Establishment Sec. Membership (i) the Secretary of Homeland Security, who shall serve as Chair; (ii) the Secretary of State, who shall serve as a Vice Chair; (iii) the Secretary of Health and Human Services, who shall serve as a Vice Chair; (iv) the Attorney General; (v) such other officers or employees of the Departments of State, Justice, Health and Human Services, and Homeland Security, as the head of each respective department may designate; and (vi) such other officers or employees of executive departments and agencies (agencies) as the Chair or Vice Chairs may invite to participate, with the concurrence of the head of the agency concerned. (b) The Chair shall convene and preside at meetings of the Task Force. The Chair, in consultation with the Vice Chairs, shall direct its work and, as appropriate, establish and direct subgroups of the Task Force. Sec. Functions (a) Identifying all children who were separated from their families at the United States-Mexico border between January 20, 2017 January 20, 2021 (b) To the greatest extent possible, facilitating and enabling the reunification of each of the identified children with their families by: (i) providing recommendations to heads of agencies concerning the exercise of any agency authorities necessary to reunite the children with their families, including: (A) recommendations regarding the possible exercise of parole under section 212(d)(5)(A) of the Immigration and Nationality Act of 1952 [sic], as amended ( 8 U.S.C. 1182(d)(5)(A) (B) recommendations regarding the provision of additional services and support to the children and their families, including trauma and mental health services; and (C) recommendations regarding reunification of any additional family members of the children who were separated, such as siblings, where there is a compelling humanitarian interest in doing so; (ii) providing recommendations to the President concerning the exercise of any Presidential authorities necessary to reunite the children with their families, as appropriate and consistent with applicable law; and (iii) for purposes of developing the recommendations described in this subsection, and in particular with respect to recommendations regarding the manner and location of reunification, consulting with the children, their families, representatives of the children and their families, and other stakeholders, and considering the families preferences and parental rights as well as the childrens well-being; and (c) Providing regular reports to the President, including: (i) an initial progress report no later than 120 days after the date of this order [ Feb. 2, 2021 (ii) interim progress reports every 60 days thereafter; (iii) a report containing recommendations to ensure that the Federal Government will not repeat the policies and practices leading to the separation of families at the border, no later than 1 year after the date of this order; and (iv) a final report when the Task Force has completed its mission. Sec. Task Force Administration (b) To the extent permitted by law, including the Economy Act ( 31 U.S.C. 1535 (c) The Task Force shall coordinate, as appropriate and consistent with applicable law, with relevant stakeholders, including domestic and international non-governmental organizations, and representatives of the children and their families. (d) The Task Force, at the direction of the Chair, may hold public meetings and engagement sessions as necessary to carry out its mission. (e) The Task Force shall terminate 30 days after it provides its final report to the President under section 4(c)(iv) of this order. Sec. Revocation of Executive Order 13841 June 20, 2018 Sec. Definitions (a) The term children includes all persons who were under the age of 18 at the time they were separated from their families at the border. (b) The term Zero-Tolerance Policy means the policy discussed in the Attorney Generals memorandum of April 6, 2018 8 U.S.C. 1325(a) Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. Biden, Jr.  Ex. Ord. No. 14012. Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans Ex. Ord. No. 14012, Feb. 2, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Policy Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration processes and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them. Our Nation is enriched socially and economically by the presence of immigrants, and we celebrate with them as they take the important step of becoming United States citizens. The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy. Sec. Role of the Domestic Policy Council Sec. Restoring Trust in our Legal Immigration System (a) In conducting this review, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall: (i) identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law; and (ii) identify any agency actions that fail to promote access to the legal immigration systemsuch as the final rule entitled, U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46788 ( Aug. 3, 2020 Public Law 116159 (b) Within 90 days of the date of this order [ Feb. 2, 2021 (c) Within 180 days of submitting the plan described in subsection (b) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress of their respective agencies towards implementing the plan developed pursuant to subsection (b) of this section and recognizing any areas of concern or barriers to implementing the plan. Sec. Immediate Review of Agency Actions on Public Charge Inadmissibility 8 U.S.C. 1182(a)(4) 8 U.S.C. 1227(a)(5) (a) This review should: (i) consider and evaluate the current effects of these agency actions and the implications of their continued implementation in light of the policy set forth in section 1 of this order; (ii) identify appropriate agency actions, if any, to address concerns about the current public charge policies effect on the integrity of the Nations immigration system and public health; and (iii) recommend steps that relevant agencies should take to clearly communicate current public charge policies and proposed changes, if any, to reduce fear and confusion among impacted communities. (b) Within 60 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing any agency actions identified pursuant to subsection (a)(ii) of this section and any steps their agencies intend to take or have taken, consistent with subsection (a)(iii) of this section. Sec. Promoting Naturalization. (a) Improving the naturalization process (i) eliminate barriers in and otherwise improve the existing naturalization process, including by conducting a comprehensive review of that process with particular emphasis on the N400 application, fingerprinting, background and security checks, interviews, civics and English language tests, and the oath of allegiance; (ii) substantially reduce current naturalization processing times; (iii) make the naturalization process more accessible to all eligible individuals, including through a potential reduction of the naturalization fee and restoration of the fee waiver process; (iv) facilitate naturalization for eligible candidates born abroad and members of the military, in consultation with the Department of Defense; and (v) review policies and practices regarding denaturalization and passport revocation to ensure that these authorities are not used excessively or inappropriately. (b) Implementing improvements to the naturalization process (c) Strategy to promote naturalization (i) the Secretary of Labor; (ii) the Secretary of Health and Human Services; (iii) the Secretary of Housing and Urban Development; (iv) the Secretary of Education; (v) the Secretary of Homeland Security; (vi) the Commissioner of Social Security; and (vii) the heads of other agencies invited to participate by the Working Group chair. (d) Within 90 days of the date of this order, the Naturalization Working Group shall submit a strategy to the President outlining steps the Federal Government should take to promote naturalization, including the potential development of a public awareness campaign. Sec. Revocation May 23, 2019 Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  Creating Welcoming Communities and Fully Integrating Immigrants and Refugees Memorandum of President of the United States, Nov. 21, 2014 Memorandum for the Heads of Executive Departments and Agencies Our country has long been a beacon of hope and opportunity for people from around the world. Nearly 40 million foreign-born residents nationwide contribute to their communities every day, including 3 million refugees who have resettled here since 1975. These new Americans significantly improve our economy. They make up 13 percent of the population, but are over 16 percent of the labor force and start 28 percent of all new businesses. Moreover, immigrants or their children have founded more than 40 percent of Fortune 500 companies, which collectively employ over 10 million people worldwide and generate annual revenues of $4.2 trillion. By focusing on the civic, economic, and linguistic integration of new Americans, we can help immigrants and refugees in the United States contribute fully to our economy and their communities. Civic integration provides new Americans with security in their rights and liberties. Economic integration empowers immigrants to be self-sufficient and allows them to give back to their communities and contribute to economic growth. English language acquisition allows new Americans to attain employment or career advancement and be more active civic participants. Our success as a Nation of immigrants is rooted in our ongoing commitment to welcoming and integrating newcomers into the fabric of our country. It is important that we develop a Federal immigrant integration strategy that is innovative and competitive with those of other industrialized nations and supports mechanisms to ensure that our Nations diverse people are contributing to society to their fullest potential. Therefore, I am establishing a White House Task Force on New Americans, an interagency effort to identify and support State and local efforts at integration that are working and to consider how to expand and replicate successful models. The Task Force, which will engage with community, business, and faith leaders, as well as State and local elected officials, will help determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans. By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section White House Task Force on New Americans (i) the Secretary of State; (ii) the Attorney General; (iii) the Secretary of Agriculture; (iv) the Secretary of Commerce; (v) the Secretary of Labor; (vi) the Secretary of Health and Human Services; (vii) the Secretary of Housing and Urban Development; (viii) the Secretary of Transportation; (ix) the Secretary of Education; (x) the Chief Executive Officer of the Corporation for National and Community Service; (xi) the Director of the Office of Management and Budget; (xii) the Administrator of the Small Business Administration; (xiii) the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement; (xiv) the Director of the National Economic Council; (xv) the Assistant to the President for Homeland Security and Counterterrorism; and (xvi) the Director of the Office of Science and Technology Policy. (b) A member of the Task Force may designate a senior-level official who is from the members department, agency, or office, and is a full-time officer or employee of the Federal Government, to perform day-to-day Task Force functions of the member. At the direction of the Co-Chairs, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees under this subsection, as appropriate. (c) The Secretary of Homeland Security shall appoint an Executive Director who will determine the Task Forces agenda, convene regular meetings of the Task Force, and supervise work under the direction of the Co-Chairs. The Department of Homeland Security shall provide funding and administrative support for the Task Force to the extent permitted by law and subject to the availability of appropriations. Each executive department or agency shall bear its own expenses for participating in the Task Force. Sec Mission and Function of the Task Force (i) review the policies and programs of all relevant executive departments and agencies to ensure they are responsive to the needs of new Americans and the receiving communities in which they reside, and identify ways in which such programs can be used to increase meaningful engagement between new Americans and the receiving community; (ii) identify and disseminate best practices at the State and local level; (iii) provide technical assistance, training, or other support to existing Federal grantees to increase their coordination and capacity to improve long-term integration and foster welcoming community climates; (iv) collect and disseminate immigrant integration data, policies, and programs that affect numerous executive departments and agencies, as well as State and local governments and nongovernmental actors; (v) conduct outreach to representatives of nonprofit organizations, State and local government agencies, elected officials, and other interested persons that can assist with the Task Forces development of recommendations; (vi) work with Federal, State, and local entities to measure and strengthen equitable access to services and programs for new Americans, consistent with applicable law; and (vii) share information with and communicate to the American public regarding the benefits that result from integrating new Americans into communities. (b) Within 120 days of the date of this memorandum, the Task Force shall develop and submit to the President an Integration Plan with recommendations for agency actions to further the integration of new Americans. The Integration Plan shall include: (i) an assessment by each Task Force member of the status and scope of the efforts by the members department, agency, or office to further the civic, economic, and linguistic integration of new Americans, including a report on the status of any offices or programs that have been created to develop, implement, or monitor targeted initiatives concerning immigrant integration; and (ii) recommendations for issues, programs, or initiatives that should be further evaluated, studied, and implemented, as appropriate. (c) The Task Force shall provide, within 1 year of the date of this memorandum, a status report to the President regarding the implementation of this memorandum. The Task Force shall review and update the Integration Plan periodically, as appropriate, and shall present to the President any updated recommendations or findings. Sec General Provisions (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.  Barack Obama.  Combating High Nonimmigrant Overstay Rates Memorandum of President of the United States, Apr. 22, 2019 Memorandum for the Secretary of State[,] the Attorney General[, and] the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq section 301 of title 3 Section Policy (b) The large numbers of aliens who overstay their period of lawful admission, failing to comply with the terms of a visa or the Visa Waiver Program, place significant strain on Department of Justice and Department of Homeland Security resources, which are currently needed to address the national emergency on our southern border. Sec Addressing High Visa Overstay Rates (b) Within 120 days of the date of this memorandum [ Apr. 22, 2019 8 U.S.C. 1182(f) (c) The Secretary of State and the Secretary of Homeland Security shall immediately begin taking all appropriate actions that are within the scope of their respective authorities to reduce overstay rates for all classes of nonimmigrant visas. (d) Within 180 days of the date of this memorandum, the Secretary of Homeland Security shall provide to the President a summary of the Department of Homeland Securitys ongoing efforts to reduce overstays from countries participating in the Visa Waiver Program, to include any recommendations for additional action necessary and appropriate to ensure the integrity and security of that Program. Sec Admission Bonds Sec General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or (iii) existing rights or obligations under international agreements. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec  Donald J. Trump.  Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) Memorandum of President of the United States, Jan. 20, 2021 Memorandum for the Attorney General [and] the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States, it is hereby ordered as follows: Section Policy Sec. Preserving and Fortifying DACA Sec. General Provisions (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.  J.R. Biden, Jr.  1104. Powers and duties of Secretary of State (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 Administrator; 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) Designation and duties of Administrator The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator 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. The Administrator shall be charged with any and all responsibility and authority in the administration of this chapter which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe. (c) Passport Office, Visa Office, and other offices; directors Within the Department of State 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. (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. ( June 27, 1952, ch. 477 66 Stat. 174 June 28, 1962 76 Stat. 123 Pub. L. 88426, title III,  305(43) Aug. 14, 1964 78 Stat. 428 Pub. L. 95105, title I,  109(b)(1) Aug. 17, 1977 91 Stat. 847 Pub. L. 100525,  9(d) Oct. 24, 1988 102 Stat. 2620 Pub. L. 103236, title I,  162(h)(2) Apr. 30, 1994 108 Stat. 407  Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (b), and (e), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1994 Pub. L. 103236,  162(h)(2)(A) Subsec. (a)(2). Pub. L. 103236,  162(h)(2)(B) Subsec. (b). Pub. L. 103236,  162(h)(2)(C) Subsec. (c). Pub. L. 103236,  162(h)(2)(D) Subsec. (d). Pub. L. 103236,  162(h)(2)(E) 1988 Pub. L. 100525 1977Subsec. (a)(2). Pub. L. 95105,  109(b)(1)(A) Subsec. (b). Pub. L. 95105,  109(b)(1)(B) Subsec. (d). Pub. L. 95105,  109(b)(1)(C) Subsec. (f). Pub. L. 95105,  109(b)(1)(D) 1964Subsec. (b). Pub. L. 88426 1962Subsec. (b). Pub. L. 87510 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103236 Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  Authority of Secretary of State Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22 section 161(d) of Pub. L. 103236 section 2651a of Title 22 Assumption of Duties by Administrator of Bureau of Security and Consular Affairs Pub. L. 95105, title I,  109(b)(4) Aug. 17, 1977 91 Stat. 847 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 References to Bureau of Security and Consular Affairs or Administrator Pub. L. 95105, title I,  109(b)(5) Aug. 17, 1977 91 Stat. 847 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.  1105. Liaison with internal security officers; data exchange (a) In general The Commissioner and the Administrator 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 and border security of the United States. The Commissioner and the Administrator 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. (b) Access to National Crime Information Center files (1) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Centers Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file. (2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge. (3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy previously provided extracts. (4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicants fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation. (c) Reconsideration upon development of more cost effective means of sharing information The provision of the extracts described in subsection (b) may be reconsidered by the Attorney General and the receiving agency upon the development and deployment of a more cost-effective and efficient means of sharing the information. (d) Regulations For purposes of administering this section, the Department of State shall, prior to receiving access to NCIC data but not later than 4 months after October 26, 2001 (1) to implement procedures for the taking of fingerprints; and (2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order (A) to limit the redissemination of such information; (B) to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States; (C) to ensure the security, confidentiality, and destruction of such information; and (D) to protect any privacy rights of individuals who are subjects of such information. ( June 27, 1952, ch. 477 66 Stat. 175 Pub. L. 95105, title I,  109(b)(2) Aug. 17, 1977 91 Stat. 847 Pub. L. 103236, title I,  162(h)(3) Apr. 30, 1994 108 Stat. 408 Pub. L. 10756, title IV,  403(a) Oct. 26, 2001 115 Stat. 343  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2001 Pub. L. 10756 1994 Pub. L. 103236 1977 Pub. L. 95105 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103236 Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 Statutory Construction Pub. L. 10756, title IV,  403(d) Oct. 26, 2001 115 Stat. 345 Nothing in this section [enacting section 1379 of this title Public Law 105251 42 U.S.C. 1461116 34 U.S.C. 4031116 section 552a of title 5  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Reporting Requirement Pub. L. 10756, title IV,  403(b) Oct. 26, 2001 115 Stat. 344 Not later than 2 years after the date of enactment of this Act [ Oct. 26, 2001  1105a. Employment authorization for battered spouses of certain nonimmigrants (a) In general In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 1101(a)(15) of this title section 1154(a)(1)(A)(iii) of this title (b) Construction The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief. ( June 27, 1952, ch. 477 Pub. L. 109162, title VIII,  814(c) Jan. 5, 2006 119 Stat. 3059  Editorial Notes Prior Provisions A prior section 1105a, act June 27, 1952, ch. 477, title I,  106 Sept. 26, 1961 Pub. L. 87301,  5(a) 75 Stat. 651 Dec. 29, 1981 Pub. L. 97116,  18(b) 95 Stat. 1620 Oct. 24, 1988 Pub. L. 100525,  9(e) 102 Stat. 2620 Nov. 18, 1988 Pub. L. 100690, title VII,  7347(b) 102 Stat. 4472 Nov. 29, 1990 Pub. L. 101649, title V 104 Stat. 5048 Dec. 12, 1991 Pub. L. 102232, title III,  306(a)(2) 105 Stat. 1751 Sept. 13, 1994 Pub. L. 103322, title XIII,  130004(b) 108 Stat. 2027 Oct. 25, 1994 Pub. L. 103416, title II,  223(b) 108 Stat. 4322 Apr. 24, 1996 Pub. L. 104132, title IV 110 Stat. 1267 Sept. 30, 1996 Pub. L. 104208, div. C, title III 110 Stat. 3009612 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009612 Sept. 30, 1996 section 1252 of this title  1106. Repealed. Pub. L. 91510, title IV,  422(a) Oct. 26, 1970 84 Stat. 1189   Section, act June 27, 1952, ch. 477, title IV,  401 66 Stat. 274 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective immediately prior to noon on Jan. 3, 1971 section 601(1) of Pub. L. 91510 section 4301 of Title 2  Abolition of Joint Committee on Immigration and Nationality Pub. L. 91510, title IV,  421 Oct. 26, 1970 84 Stat. 1189  1107. Additional report  At the beginning and midpoint of each fiscal year, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a written report providing a description of internal affairs operations at U.S. Citizenship and Immigration Services, including the general state of such operations and a detailed description of investigations that are being conducted (or that were conducted during the previous six months) and the resources devoted to such investigations. The first such report shall be submitted not later than April 1, 2006 ( Pub. L. 109177, title I,  109(c) Mar. 9, 2006 120 Stat. 205  Editorial Notes Codification Section was enacted as part of the USA PATRIOT Improvment and Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. SUBCHAPTER II IMMIGRATION Part I Selection System  1151. Worldwide level of immigration (a) In general Exclusive of aliens described in subsection (b), 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 section 1181(a) of this title section 1153(a) of this title (2) employment-based immigrants described in section 1153(b) of this title section 1181(a) of this title section 1153(b) of this title (3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153(c) of this title section 1181(a) of this title section 1153(c) of this title (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), 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 section 1159 of this title (C) Aliens whose status is adjusted to permanent residence under section 1160 or 1255a of this title. (D) Aliens whose removal is canceled under section 1229b(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 and was not legally separated from the citizen at the time of the citizens death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizens death but only if the spouse files a petition under section 1154(a)(1)(A)(ii) of this title section 1154(a)(1)(A) of this title (ii) Aliens admitted under section 1181(a) of this title (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 sum of the number computed under paragraph (2) and the number computed under paragraph (4), 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) 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) (A) The number computed under this paragraph for fiscal year 1992 is zero. (B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title (C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(b) of this title (4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 1182(d)(5) of this title (A) who did not depart from the United States (without advance parole) within 365 days; and (B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than subsection (b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section. (5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1). (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) (A) The number computed under this paragraph for fiscal year 1992 is zero. (B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(b) of this title (C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (e) Worldwide level of diversity immigrants The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year. (f) Rules for determining whether certain aliens are immediate relatives (1) Age on petition filing date Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) of this title section 1154 of this title (2) Age on parents naturalization date In the case of a petition under section 1154 of this title section 1153(a)(2)(A) of this title (3) Age on marriage termination date In the case of a petition under section 1154 of this title section 1153(a)(3) of this title section 1153(a)(1) of this title (4) Application to self-petitions Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners. ( June 27, 1952, ch. 477 66 Stat. 175 Pub. L. 89236,  1 Oct. 3, 1965 79 Stat. 911 Pub. L. 94571,  2 Oct. 20, 1976 90 Stat. 2703 Pub. L. 95412,  1 Oct. 5, 1978 92 Stat. 907 Pub. L. 96212, title II,  203(a) Mar. 17, 1980 94 Stat. 106 Pub. L. 97116,  20[(a)] Dec. 29, 1981 95 Stat. 1621 Pub. L. 101649, title I,  101(a) Nov. 29, 1990 104 Stat. 4980 Pub. L. 102232, title III,  302(a)(1) Dec. 12, 1991 105 Stat. 1742 Pub. L. 103322, title IV,  40701(b)(2) Sept. 13, 1994 108 Stat. 1954 Pub. L. 103416, title II,  219(b)(1) Oct. 25, 1994 108 Stat. 4316 Pub. L. 104208, div. C, title III,  308(e)(5) Sept. 30, 1996 110 Stat. 3009620 Pub. L. 106386, div. B, title V,  1507(a)(3) Oct. 28, 2000 114 Stat. 1530 Pub. L. 107208,  2 Aug. 6, 2002 116 Stat. 927 Pub. L. 109162, title VIII,  805(b)(1) Jan. 5, 2006 119 Stat. 3056 Pub. L. 11183, title V,  568(c)(1) Oct. 28, 2009 123 Stat. 2186  Editorial Notes Amendments 2009Subsec. (b)(2)(A)(i). Pub. L. 11183 2006Subsec. (f)(4). Pub. L. 109162 2002Subsec. (f). Pub. L. 107208 2000Subsec. (b)(2)(A)(i). Pub. L. 106386 section 1154(a)(1)(A) of this title 1996Subsec. (b)(1)(C). Pub. L. 104208,  671(d)(1)(A) Subsec. (b)(1)(D). Pub. L. 104208,  308(g)(8)(A)(i) Pub. L. 104208,  308(e)(5) Subsec. (c)(1)(A)(ii). Pub. L. 104208,  603(1) Subsec. (c)(4), (5). Pub. L. 104208,  603(2) 1994Subsec. (b)(2)(A)(i). Pub. L. 103416 Pub. L. 103322 1991Subsec. (c)(3). Pub. L. 102232,  302(a)(1)(A) Subsec. (d)(2). Pub. L. 102232,  302(a)(1)(B) 1990 Pub. L. 101649 1981Subsec. (a). Pub. L. 97116 section 1101(a)(27)(H) of this title 1980Subsec. (a). Pub. L. 96212 section 1153(a)(7) of this title 1978Subsec. (a). Pub. L. 95412 1976Subsec. (a). Pub. L. 94571,  2(1) Subsecs. (c) to (e). Pub. L. 94571,  2(2) June 30, 1968 1965Subsec. (a). Pub. L. 89236 Subsec. (b). Pub. L. 89236 Subsec. (c). Pub. L. 89236 June 30, 1968 June 30, 1965 Subsec. (d). Pub. L. 89236 Subsec. (e). Pub. L. 89236 June 30, 1968 Statutory Notes and Related Subsidiaries Effective Date of 2009 Amendment Pub. L. 11183, title V,  568(c)(2) Oct. 28, 2009 123 Stat. 2186  (A)  In general The amendment made by paragraph (1) [amending this section] shall apply to all applications and petitions relating to immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) Oct. 28, 2009 (B)  Transition cases. (i)  In general Notwithstanding any other provision of law, an alien described in clause (ii) who seeks immediate relative status pursuant to the amendment made by paragraph (1) shall file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A)(ii) (ii)  Aliens described An alien is described in this clause if (I) the aliens United States citizen spouse died before the date of the enactment of this Act; (II) the alien and the citizen spouse were married for less than 2 years at the time of the citizen spouses death; and (III) the alien has not remarried. Effective Date of 2002 Amendment Pub. L. 107208,  8 Aug. 6, 2002 116 Stat. 930  The amendments made by this Act [amending this section and sections 1153, 1154, 1157, and 1158 of this title] shall take effect on the date of the enactment of this Act [ Aug. 6, 2002 (1) a petition for classification under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (2) a petition for classification under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (3) an application pending before the Department of Justice or the Department of State on or after such date. Effective Date of 1996 Amendment Amendment by section 308(e)(5), (g)(8)(A)(i) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendments Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Pub. L. 103322, title IV,  40701(d) Sept. 13, 1994 108 Stat. 1955 The amendments made by this section [amending this section and section 1154 of this title January 1, 1995 Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Oct. 1, 1991 section 161(a) of Pub. L. 101649 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96212 Mar. 17, 1980 Oct. 1, 1979 section 204 of Pub. L. 96212 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment Pub. L. 89236,  20 Oct. 3, 1965 79 Stat. 920 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 Oct. 3, 1965  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Extension of Posthumous Benefits to Surviving Spouses, Children, and Parents Pub. L. 108136, div. A, title XVII,  1703(a) Nov. 24, 2003 117 Stat. 1693  (a)  Treatment as Immediate Relatives. (1)  Spouses Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) 8 U.S.C. 1154(a)(1)(A)(ii) (2)  Children. (A)  In general In the case of an alien who was the child of a citizen of the United States at the time of the citizens death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) (B)  Petitions An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) 8 U.S.C. 1101 8 U.S.C. 1154(a)(1)(A) (3)  Parents. (A)  In general In the case of an alien who was the parent of a citizen of the United States at the time of the citizens death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) (B)  Petitions An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) 8 U.S.C. 1154(a)(1)(A) (C)  Exception Notwithstanding section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) (b)  Applications for Adjustment of Status by Surviving Spouses, Children, and Parents. (1)  In general Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (2)  Alien described An alien is described in this paragraph if the alien (A) served honorably in an active duty status in the military, air, or naval forces of the United States; (B) died as a result of injury or disease incurred in or aggravated by combat; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 14401 (c)  Spouses and Children of Lawful Permanent Resident Aliens. (1)  Treatment as immediate relatives. (A)  In general A spouse or child of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(2) 8 U.S.C. 1151(b)(2)(A)(i) (B)  Petitions An alien spouse or child described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) 8 U.S.C. 1101 8 U.S.C. 1154(a)(1)(A) (2)  Self-petitions Any spouse or child of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant may file a petition for such classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) (3)  Alien described An alien is described in this paragraph if the alien (A) served honorably in an active duty status in the military, air, or naval forces of the United States; (B) died as a result of injury or disease incurred in or aggravated by combat; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 14401 (d)  Parents of Lawful Permanent Resident Aliens. (1)  Self-petitions Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) 8 U.S.C. 1101 8 U.S.C. 1154(a)(1)(A) (2)  Alien described An alien is described in this paragraph if the alien (A) served honorably in an active duty status in the military, air, or naval forces of the United States; (B) died as a result of injury or disease incurred in or aggravated by combat; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 14401 (e)  Waiver of Ground for Inadmissibility In determining the admissibility of any alien accorded an immigration benefit under this section for purposes of the Immigration and Nationality Act [ 8 U.S.C. 1101 8 U.S.C. 1182(a)(4) [ Section 1703 of Pub. L. 108136 Sept. 11, 2001 section 1705(a) of Pub. L. 108136 section 1439 of this title Temporary Reduction in Diversity Visas Pub. L. 105100, title II,  203(d) Nov. 19, 1997 111 Stat. 2199 Pub. L. 105139,  1(d) Dec. 2, 1997 111 Stat. 2644  (1) Beginning in fiscal year 1999, subject to paragraph (2), the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act [ 8 U.S.C. 1151(e) (2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which (A) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 section 1101 of this title Pub. L. 105100 section 1101 of this title (B) the total of the reductions in available visas under this subsection for all previous fiscal years. Transition Relating to Death of Citizen Spouse Pub. L. 101649, title I,  101(c) Pub. L. 102232, title III,  302(a)(2) Dec. 12, 1991 105 Stat. 1742 In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act [ 8 U.S.C. 1151(b)(2)(A)(i) Nov. 29, 1990 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. 97271 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 Pub. L. 97116,  19 Dec. 29, 1981 95 Stat. 1621  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 June 1, 1978 (2) was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act [former section 1182(a)(14) of this title (3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence. Select Commission on Immigration and Refugee Policy Pub. L. 95412,  4 Oct. 5, 1978 92 Stat. 907 Pub. L. 96132,  23 Nov. 30, 1979 93 Stat. 1051 Mar. 1, 1981 Select Commission on Western Hemisphere Immigration Pub. L. 89236,  21(a) Oct. 3, 1965 79 Stat. 920 Jan. 15, 1968 Termination of Quota Deductions Pub. L. 85316,  10 Sept. 11, 1957 71 Stat. 642 June 30, 1950 April 9, 1952 July 1, 1957  1151a. Repealed. Pub. L. 94571,  7(g) Oct. 20, 1976 90 Stat. 2706   Section, Pub. L. 89236,  21(e) Oct. 3, 1965 79 Stat. 921 section 1101(a)(27)(A) of this title July 1, 1968 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective on first day of first month which begins more than 60 days after Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title  1152. Numerical limitations on individual foreign states (a) Per country level (1) Nondiscrimination (A) 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 persons race, sex, nationality, place of birth, or place of residence. (B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed. (2) Per country levels for family-sponsored and employment-based immigrants Subject to paragraphs (3), (4), and (5), 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 (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 (4) Special rules for spouses and children of lawful permanent resident aliens (A) 75 percent of 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 section 1153(a)(2)(A) of this title (ii) 2A floor defined In this paragraph, the term 2A floor means, for a fiscal year, 77 percent of the total number of visas made available under section 1153(a) of this title section 1153(a)(2) of this title (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 section 1153(a)(2)(A) of this title (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 section 1153(a)(2) of this title (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) 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 (i) 23 percent of the maximum number of visas that may be made available under section 1153(a) of this title section 1153(a)(2) of this title (ii) the number (if any) by which the maximum number of visas that may be made available under section 1153(a) of this title section 1153(a)(2) of this title 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) applies, if the total number of visas issued under section 1153(a)(2) of this title section 1153(a)(2) of this title section 1153(a) of this title (5) Rules for employment-based immigrants (A) Employment-based immigrants not subject to per country limitation if additional visas available If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title (B) Limiting fall across for certain countries subject to subsection (e) In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 1153(b) of this title section 1153(b) of this title section 1153(b) of this title (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) 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) 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) 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 aliens 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 (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 section 1153 of this title section 1153 of this title (1) the ratio of the visa numbers made available under section 1153(a) of this title section 1153(b) of this title section 1151(c) of this title section 1151(d) of this title (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 1153(a) of this title section 1153(a) of this title (3) except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 1153(b) of this title 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 ( June 27, 1952, ch. 477 66 Stat. 176 Pub. L. 87301,  9 Sept. 26, 1961 75 Stat. 654 Pub. L. 89236,  2 Oct. 3, 1965 79 Stat. 911 Pub. L. 94571,  3 Oct. 20, 1976 90 Stat. 2703 Pub. L. 95412,  2 Oct. 5, 1978 92 Stat. 907 Pub. L. 96212, title II,  203(b) Mar. 17, 1980 94 Stat. 107 Pub. L. 97116 Dec. 29, 1981 95 Stat. 1620 Pub. L. 99603, title III,  311(a) Nov. 6, 1986 100 Stat. 3434 Pub. L. 99653,  4 Nov. 14, 1986 100 Stat. 3655 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2617 Pub. L. 101649, title I,  102 Nov. 29, 1990 104 Stat. 4982 Pub. L. 102232, title III,  302(a)(3) Dec. 12, 1991 105 Stat. 1742 Pub. L. 104208, div. C, title VI,  633 Sept. 30, 1996 110 Stat. 3009701 Pub. L. 106313, title I,  104(a) Oct. 17, 2000 114 Stat. 1252  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2000Subsec. (a)(2). Pub. L. 106313,  104(b)(1) Subsec. (a)(5). Pub. L. 106313,  104(a) Subsec. (e)(3). Pub. L. 106313,  104(b)(2) 1996Subsec. (a)(1). Pub. L. 104208 1991Subsec. (a)(4)(A). Pub. L. 102232 1990Subsec. (a). Pub. L. 101649,  102(1) Provided section 1153(a) of this title And provided further section 1101(a)(27) of this title Subsec. (b). Pub. L. 101649,  102(2) Subsec. (c). Pub. L. 101649,  102(3) section 1151(b) of this title section 1101(a)(27) of this title section 1151(b) of this title Subsec. (d). Pub. L. 101649,  102(4) Subsec. (e). Pub. L. 101649,  102(5) 1988Subsec. (b). Pub. L. 100525,  8(c) Pub. L. 99653,  4 Subsec. (c). Pub. L. 100525,  9(f)(1) Subsec. (e). Pub. L. 100525,  9(f)(2) 1986Subsec. (b). Pub. L. 99653 Pub. L. 100525,  8(c) Subsec. (c). Pub. L. 99603,  311(a)(1) Subsec. (e). Pub. L. 99603,  311(a)(2) 1981Subsec. (a). Pub. L. 97116,  20(b) section 1101(a)(27)(H) of this title Subsec. (b). Pub. L. 97116,  18(c) 1980Subsec. (a). Pub. L. 96212,  203(b)(1) Subsec. (e). Pub. L. 96212,  203(b)(3) 1978Subsec. (c). Pub. L. 95412 1976Subsec. (a). Pub. L. 94571,  3(1) Provided further June 30, 1968 Subsec. (c). Pub. L. 94571,  3(2) section 1101(a)(27) of this title section 1151(b) of this title section 1151(a) of this title section 1101(a)(27) of this title section 1151(b) of this title Subsec. (e). Pub. L. 94571,  3(3) 1965Subsec. (a). Pub. L. 89236 June 30, 1968 Subsec. (b). Pub. L. 89236 Subsec. (c). Pub. L. 89236 Subsec. (d). Pub. L. 89236 Subsec. (e). Pub. L. 89236 1961Subsec. (e). Pub. L. 87301 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Oct. 1, 1991 section 161(a) of Pub. L. 101649 section 1101 of this title Effective Date of 1988 Amendment Amendment by section 8(c) of Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendments Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(a) of Pub. L. 99653 section 1101 of this title Pub. L. 99603, title III,  311(b) Nov. 6, 1986 100 Stat. 3434 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. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96212 Apr. 1, 1980 section 204 of Pub. L. 96212 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title Treatment of Hong Kong Under Per Country Levels Pub. L. 101649, title I,  103 Nov. 29, 1990 104 Stat. 4985 The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act [ 8 U.S.C. 1152(b) 8 U.S.C. 1153(a) [ Section 103 of Pub. L. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 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. 97271 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 section 19 of Pub. L. 97116 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. 97113, title VII,  714 Dec. 29, 1981 95 Stat. 1548 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).  1153. Allocation of immigrant visas (a) Preference allocation for family-sponsored immigrants Aliens subject to the worldwide level specified in section 1151(c) of this title (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 (1) Priority workers Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, 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 aliens 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 aliens 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 the alien 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 28.6 percent of such worldwide level, 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 (i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an aliens services in the sciences, arts, professions, or business be sought by an employer in the United States. (ii) Physicians working in shortage areas or veterans facilities (I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and (bb) a Federal agency or a department of public health in any State has previously determined that the alien physicians work in such an area or at such facility was in the public interest. (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154(b) of this title section 1255 of this title section 1101(a)(15)(J) of this title (III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154(a) of this title section 1255 of this title (IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) prior to November 1, 1998 section 1101(a)(15)(J) of this title section 1154(b) of this title section 1255 of this title (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 28.6 percent of such worldwide level, 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 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101(a)(27) of this title section 1101(a)(27)(C)(ii) of this title section 1101(a)(27)(M) of this title (5) Employment creation (A) In general Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership) (i) in which such alien has invested (after November 29, 1990 (ii) which will benefit the United States economy by creating full-time employment for not fewer than 10 United States citizens, United States nationals, 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 immigrants spouse, sons, or daughters). (B) Designations and reserved visas (i) Reserved visas (I) In general Of the visas made available under this paragraph in each fiscal year (aa) 20 percent shall be reserved for qualified immigrants who invest in a rural area; (bb) 10 percent shall be reserved for qualified immigrants who invest in an area designated by the Secretary of Homeland Security under clause (ii) as a high unemployment area; and (cc) 2 percent shall be reserved for qualified immigrants who invest in infrastructure projects. (II) Unused visas (aa) Carryover At the end of each fiscal year, any unused visas reserved for qualified immigrants investing in each of the categories described in items (aa) through (cc) of subclause (I) shall remain available within the same category for the immediately succeeding fiscal year. (bb) General availability Visas described in items (aa) through (cc) of subclause (I) that are not issued by the end of the succeeding fiscal year referred to in item (aa) shall be made available to qualified immigrants described under subparagraph (A). (ii) Designation of high unemployment area (I) In general The Secretary of Homeland Security, or a designee of the Secretary who is an employee of the Department of Homeland Security, may designate, as a high unemployment area, a census tract, or contiguous census tracts, in which (aa) the new commercial enterprise is principally doing business; and (bb) the weighted average of the unemployment rate for the census tracts, based on the labor force employment measure for each applicable census tract and any adjacent tract included under subclause (III), is not less than 150 percent of the national average unemployment rate. (II) Prohibition on designation by any other official A targeted employment area may not be designated as a high unemployment area by (aa) a Federal official other than the Secretary of Homeland Security or a designee of the Secretary; or (bb) any official of a State or local government. (III) Inclusion In making a designation under subclause (I), the Secretary of Homeland Security may include a census tract directly adjacent to a census tract or contiguous census tracts described in that subclause. (IV) Duration (aa) In general A designation under this clause shall be in effect for the 2-year period beginning on (AA) the date on which an application under subparagraph (F) is filed; or (BB) in the case of an alien who is not subject to subparagraph (F), at the time of investment. (bb) Renewal A designation under this clause may be renewed for 1 or more additional 2-year periods if the applicable area continues to meet the criteria described in subclause (I). (V) Additional investment not required An immigrant investor who has invested the amount of capital required by subparagraph (C) in a targeted employment area designated as a high unemployment area during the period in which the area is so designated shall not be required to increase the amount of investment due to the expiration of the designation. (iii) Infrastructure projects (I) In general The Secretary of Homeland Security shall determine whether a specific capital investment project meets the definition of infrastructure project set forth in subparagraph (D)(iv). (II) Prohibition on designation by any other official A determination under subclause (I) may not be made by (aa) a Federal official other than the Secretary of Homeland Security or a designee of the Secretary; or (bb) any official of a State or local government. (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 $1,050,000. (ii) Adjustment for targeted employment areas and infrastructure projects The amount of capital required under subparagraph (A) for an investment in a targeted employment area or in an infrastructure project shall be $800,000. (iii) Automatic adjustment in minimum investment amount (I)  In general Beginning on January 1, 2027 January 1, 2022 (II) Beginning on January 1, 2027 (iv) 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 targeted employment area, and (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Secretary of Homeland Security 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), as adjusted under clause (iii). (D) Definitions In this paragraph: (i) Affiliated job-creating entity The term affiliated job-creating entity means any job-creating entity that is controlled, managed, or owned by any of the people involved with the regional center or new commercial enterprise under subsection (b)(5)(H)(v). (ii) Capital The term capital (I) means cash and all real, personal, or mixed tangible assets owned and controlled by the alien investor, or held in trust for the benefit of the alien and to which the alien has unrestricted access; (II) shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles or other standard accounting practice adopted by the Securities and Exchange Commission, at the time it is invested under this paragraph; (III) does not include (aa) assets directly or indirectly acquired by unlawful means, including any cash proceeds of indebtedness secured by such assets; (bb) capital invested in exchange for a note, bond, convertible debt, obligation, or any other debt arrangement between the alien investor and the new commercial enterprise; (cc) capital invested with a guaranteed rate of return on the amount invested by the alien investor; or (dd) except as provided in subclause (IV), capital invested that is subject to any agreement between the alien investor and the new commercial enterprise that provides the investor with a contractual right to repayment, such as a mandatory redemption at a certain time or upon the occurrence of a certain event, or a put or sell-back option held by the alien investor, even if such contractual right is contingent on the success of the new commercial enterprise, such as having sufficient available cash flow; and (IV) includes capital invested that (aa) is subject to a buy back option that may be exercised solely at the discretion of the new commercial enterprise; and (bb) results in the alien investor withdrawing his or her petition unless the alien investor has fulfilled his or her sustainment period and other requirements under this paragraph. (iii) Certifier The term certifier means a person in a position of substantive authority for the management or operations of a regional center, new commercial enterprise, affiliated job-creating entity, or issuer of securities, such as a principal executive officer or principal financial officer, with knowledge of such entities policies and procedures related to compliance with the requirements under this paragraph. (iv) Infrastructure project The term infrastructure project means a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the regional center program described in subparagraph (E) from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project. (v) Job-creating entity The term job-creating entity means any organization formed in the United States for the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), corporation, limited liability company, business trust, or other entity, which may be publicly or privately owned, including an entity consisting of a holding company and its wholly owned subsidiaries or affiliates (provided that each subsidiary or affiliate is engaged in an activity formed for the ongoing conduct of a lawful business) that receives, or is established to receive, capital investment from alien investors or a new commercial enterprise under the regional center program described in this subparagraph and which is responsible for creating jobs to satisfy the requirement under subparagraph (A)(ii). (vi) New commercial enterprise The term new commercial enterprise means any for-profit organization formed in the United States for the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business), joint venture, corporation, business trust, limited liability company, or other entity (which may be publicly or privately owned) that receives, or is established to receive, capital investment from investors under this paragraph. (vii) Rural area The term rural area means any area other than an area within a metropolitan statistical area (as designated by the Director of the Office of Management and Budget) 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). (viii) Targeted employment area The term targeted employment area means, at the time of investment, a rural area or an area designated by the Secretary of Homeland Security under subparagraph (B)(ii) as a high unemployment area. (E) Regional center program (i) In general Visas under this subparagraph shall be made available through September 30, 2027 (ii) Processing In processing petitions under section 1154(a)(1)(H) of this title (I) shall prioritize the processing and adjudication of petitions for rural areas; (II) may process petitions in a manner and order established by the Secretary; and (III) shall deem such petitions to include records previously filed with the Secretary pursuant to subparagraph (F) if the alien petitioner certifies that such records are incorporated by reference into the aliens petition. (iii) Establishment of a regional center A regional center shall operate within a defined, contiguous, and limited geographic area, which shall be described in the proposal and be consistent with the purpose of concentrating pooled investment within such area. The proposal to establish a regional center shall demonstrate that the pooled investment will have a substantive economic impact on such geographic area, and shall include (I) reasonable predictions, supported by economically and statistically valid and transparent forecasting tools, concerning the amount of investment that will be pooled, the kinds of commercial enterprises that will receive such investments, details of the jobs that will be created directly or indirectly as a result of such investments, and other positive economic effects such investments will have; (II) a description of the policies and procedures in place reasonably designed to monitor new commercial enterprises and any associated job-creating entity to seek to ensure compliance with (aa) all applicable laws, regulations, and Executive orders of the United States, including immigration laws, criminal laws, and securities laws; and (bb) all securities laws of each State in which securities offerings will be conducted, investment advice will be rendered, or the offerors or offerees reside; (III) attestations and information confirming that all persons involved with the regional center meet the requirements under clauses (i) and (ii) of subparagraph (H); (IV) a description of the policies and procedures in place that are reasonably designed to ensure program compliance; and (V) the identities of all natural persons involved in the regional center, as described in subparagraph (H)(v). (iv) Indirect job creation (I) In general The Secretary of Homeland Security shall permit aliens seeking admission under this subparagraph to satisfy only up to 90 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph. An employee of the new commercial enterprise or job-creating entity may be considered to hold a job that has been directly created. (II) Construction activity lasting less than 2 years If the jobs estimated to be created are created by construction activity lasting less than 2 years, the Secretary shall permit aliens seeking admission under this subparagraph to satisfy only up to 75 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph. (v) Compliance (I) In general In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens seeking admission under this subparagraph to rely on economically and statistically valid methodologies for determining the number of jobs created by the program, including (aa) jobs estimated to have been created directly, which may be verified using such methodologies; and (bb) consistent with this subparagraph, jobs estimated to have been directly or indirectly created through capital expenditures, revenues generated from increased exports, improved regional productivity, job creation, and increased domestic capital investment resulting from the program. (II) Job and investment requirements (aa) Relocated jobs In determining compliance with the job creation requirement under subparagraph (A)(ii), the Secretary of Homeland Security may include jobs estimated to be created under a methodology that attributes jobs to prospective tenants occupying commercial real estate created or improved by capital investments if the number of such jobs estimated to be created has been determined by an economically and statistically valid methodology and such jobs are not existing jobs that have been relocated. (bb) Publicly available bonds The Secretary of Homeland Security shall prescribe regulations to ensure that alien investor capital may not be utilized, by a new commercial enterprise or otherwise, to purchase municipal bonds or any other bonds, if such bonds are available to the general public, either as part of a primary offering or from a secondary market. (cc) Construction activity jobs If the number of direct jobs estimated to be created has been determined by an economically and statistically valid methodology, and such direct jobs are created by construction activity lasting less than 2 years, the number of such jobs that may be considered direct jobs for purposes of clause (iv) shall be calculated by multiplying the total number of such jobs estimated to be created by the fraction of the 2-year period that the construction activity lasts. (vi) Amendments The Secretary of Homeland Security shall (I) require a regional center (aa) to notify the Secretary, not later than 120 days before the implementation of significant proposed changes to its organizational structure, ownership, or administration, including the sale of such center, or other arrangements which would result in individuals not previously subject to the requirements under subparagraph (H) becoming involved with the regional center; or (bb) if exigent circumstances are present, to provide the notice described in item (aa) to the Secretary not later than 5 business days after a change described in such item; and (II) adjudicate business plans under subparagraph (F) and petitions under section 1154(a)(1)(H) of this title (vii) Record keeping and audits (I) Record keeping Each regional center shall make and preserve, during the 5-year period beginning on the last day of the Federal fiscal year in which any transactions occurred, books, ledgers, records, and other documentation from the regional center, new commercial enterprise, or job-creating entity used to support (aa) any claims, evidence, or certifications contained in the regional centers annual statements under subparagraph (G); and (bb) associated petitions by aliens seeking classification under this section or removal of conditions under section 1186b of this title (II) Audits The Secretary shall audit each regional center not less frequently than once every 5 years. Each such audit shall include a review of any documentation required to be maintained under subclause (I) for the preceding 5 years and a review of the flow of alien investor capital into any capital investment project. To the extent multiple regional centers are located at a single site, the Secretary may audit multiple regional centers in a single site visit. (III) Termination The Secretary shall terminate the designation of a regional center that fails to consent to an audit under subclause (II) or deliberately attempts to impede such an audit. (F) Business plans for regional center investments (i) Application for approval of an investment in a commercial enterprise A regional center shall file an application with the Secretary of Homeland Security for each particular investment offering through an associated new commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in that offering. The application shall include (I) a comprehensive business plan for a specific capital investment project; (II) a credible economic analysis regarding estimated job creation that is based upon economically and statistically valid and transparent methodologies; (III) any documents filed with the Securities and Exchange Commission under the Securities Act of 1933 ( 15 U.S.C. 77a (IV) any investment and offering documents, including subscription, investment, partnership, and operating agreements, private placement memoranda, term sheets, biographies of management, officers, directors, and any person with similar responsibilities, the description of the business plan to be provided to potential alien investors, and marketing materials used, or drafts prepared for use, in connection with the offering, which shall contain references, as appropriate, to (aa) all material investment risks associated with the new commercial enterprise and the job-creating entity; (bb) any conflicts of interest that currently exist or may arise among the regional center, the new commercial enterprise, the job-creating entity, or the principals, attorneys, or individuals responsible for recruitment or promotion of such entities; (cc) any pending material litigation or bankruptcy, or material adverse judgments or bankruptcy orders issued during the most recent 10-year period, in the United States or in another country, affecting the regional center, the new commercial enterprise, any associated job-creating entity, or any other enterprise in which any principal of any of the aforementioned entities held majority ownership at the time; and (dd) (AA) any fees, ongoing interest, or other compensation paid, or to be paid by the regional center, the new commercial enterprise, or any issuer of securities intended to be offered to alien investors, to agents, finders, or broker dealers involved in the offering of securities to alien investors in connection with the investment; (BB) a description of the services performed, or that will be performed, by such person to entitle the person to such fees, interest, or compensation; and (CC) the name and contact information of any such person, if known at the time of filing; (V) a description of the policies and procedures, such as those related to internal and external due diligence, reasonably designed to cause the regional center and any issuer of securities intended to be offered to alien investors in connection with the relevant capital investment project, to comply, as applicable, with the securities laws of the United States and the laws of the applicable States in connection with the offer, purchase, or sale of its securities; and (VI) a certification from the regional center, and any issuer of securities intended to be offered to alien investors in connection with the relevant capital investment project, that their respective agents and employees, and any parties associated with the regional center and such issuer of securities affiliated with the regional center are in compliance with the securities laws of the United States and the laws of the applicable States in connection with the offer, purchase, or sale of its securities, to the best of the certifiers knowledge, after a due diligence investigation. (ii) Effect of approval of a business plan for an investment in a regional centers commercial enterprise The approval of an application under this subparagraph, including an approval before the date of the enactment of this subparagraph, shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same offering described in such application, and of petitions by the same immigrants filed under section 1186b of this title (I) the applicant engaged in fraud, misrepresentation, or criminal misuse; (II) such approval would threaten public safety or national security; (III) there has been a material change that affects eligibility; (IV) the discovery of other evidence affecting program eligibility was not disclosed by the applicant during the adjudication process; or (V) the previous adjudication involved a material mistake of law or fact. (iii) Amendments (I) Approval The Secretary of Homeland Security may establish procedures by which a regional center may seek approval of an amendment to an approved application under this subparagraph that reflects changes specified by the Secretary to any information, documents, or other aspects of the investment offering described in such approved application not later than 30 days after any such changes. (II) Incorporation Upon the approval of a timely filed amendment to an approved application, any changes reflected in such amendment may be incorporated into and considered in determining program eligibility through adjudication of (aa) pending petitions from immigrants investing in the offering described in the approved application who are seeking classification under this paragraph; and (bb) petitions by immigrants described in item (aa) that are filed under section 1186b of this title (iv) Site visits The Secretary of Homeland Security shall (I) perform site visits to regional centers not earlier than 24 hours after providing notice of such site visit; and (II) perform at least 1 site visit to, as applicable, each new commercial enterprise or job-creating entity, or the business locations where any jobs that are claimed as being created. (v) Parameters for capital redeployment (I) In general The Secretary of Homeland Security shall prescribe regulations, in accordance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the Administrative Procedure Act), that allow a new commercial enterprise to redeploy investment funds anywhere within the United States or its territories for the purpose of maintaining the investors capital at risk if (aa) the new commercial enterprise has executed the business plan for a capital investment project in good faith without a material change; (bb) the new commercial enterprise has created a sufficient number of new full time positions to satisfy the job creation requirements of the program for all investors in the new commercial enterprise, either directly or indirectly, as evidenced by the methodologies set forth in this chapter; (cc) the job creating entity has repaid the capital initially deployed in conformity with the initial investment contemplated by the business plan; and (dd) the capital, after repayment by the job creating entity, remains at risk and it is not redeployed in passive investments, such as stocks or bonds. (II) Termination The Secretary of Homeland Security shall terminate the designation of a regional center if the Secretary determines that a new commercial enterprise has violated any of the requirements under subclause (I) in the redeployment of funds invested in such regional center. (G) Regional center annual statements (i) In general Each regional center designated under subparagraph (E) shall submit an annual statement, in a manner prescribed by the Secretary of Homeland Security. Each such statement shall include (I) a certification stating that, to the best of the certifiers knowledge, after a due diligence investigation, the regional center is in compliance with clauses (i) and (ii) of subparagraph (H); (II) a certification described in subparagraph (I)(ii)(II); (III) a certification stating that, to the best of the certifiers knowledge, after a due diligence investigation, the regional center is in compliance with subparagraph (K)(iii); (IV) a description of any pending material litigation or bankruptcy proceedings, or material litigation or bankruptcy proceedings resolved during the preceding fiscal year, involving the regional center, the new commercial enterprise, or any affiliated job-creating entity; (V) an accounting of all individual alien investor capital invested in the regional center, new commercial enterprise, and job-creating entity; (VI) for each new commercial enterprise associated with the regional center (aa) an accounting of the aggregate capital invested in the new commercial enterprise and any job-creating entity by alien investors under this paragraph for each capital investment project being undertaken by the new commercial enterprise; (bb) a description of how the capital described in item (aa) is being used to execute each capital investment project in the filed business plan or plans; (cc) evidence that 100 percent of the capital described in item (aa) has been committed to each capital investment project; (dd) detailed evidence of the progress made toward the completion of each capital investment project; (ee) an accounting of the aggregate direct jobs created or preserved; (ff) to the best of the regional centers knowledge, for all fees, including administrative fees, loan monitoring fees, loan management fees, commissions and similar transaction-based compensation, collected from alien investors by the regional center, the new commercial enterprise, any affiliated job-creating entity, any affiliated issuer of securities intended to be offered to alien investors, or any promoter, finder, broker-dealer, or other entity engaged by any of the aforementioned entities to locate individual investors (AA) a description of all fees collected; (BB) an accounting of the entities that received such fees; and (CC) the purpose for which such fees were collected; (gg) any documentation referred to in subparagraph (F)(i)(IV) if there has been a material change during the preceding fiscal year; and (hh) a certification by the regional center that the information provided under items (aa) through (gg) is accurate, to the best of the certifiers knowledge, after a due diligence investigation; and (VII) a description of the regional centers policies and procedures that are designed to enable the regional center to comply with applicable Federal labor laws. (ii) Amendment of annual statements The Secretary of Homeland Security (I) shall require the regional center to amend or supplement an annual statement required under clause (i) if the Secretary determines that such statement is deficient; and (II) may require the regional center to amend or supplement such annual statement if the Director determines that such an amendment or supplement is appropriate. (iii) Sanctions (I) Effect of violation The Director shall sanction any regional center entity in accordance with subclause (II) if the regional center fails to submit an annual statement or if the Director determines that the regional center (aa) knowingly submitted or caused to be submitted a statement, certification, or any information submitted pursuant to this subparagraph that contained an untrue statement of material fact; or (bb) is conducting itself in a manner inconsistent with its designation under subparagraph (E), including any willful, undisclosed, and material deviation by new commercial enterprises from any filed business plan for such new commercial enterprises. (II) Authorized sanctions The Director shall establish a graduated set of sanctions based on the severity of the violations referred to in subclause (I), including (aa) fines equal to not more than 10 percent of the total capital invested by alien investors in the regional centers new commercial enterprises or job-creating entities directly involved in such violations, the payment of which shall not in any circumstance utilize any of such alien investors capital investments, and which shall be deposited into the EB5 Integrity Fund established under subparagraph (J); (bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director; (cc) permanent bar from participation in the program described in subparagraph (E) for 1 or more individuals or business entities associated with the regional center, new commercial enterprise, or job-creating entity; and (dd) termination of regional center designation. (iv) Availability of annual statements to investors Not later than 30 days after a request from an alien investor, a regional center shall make available to such alien investor a copy of the filed annual statement and any amendments filed to such statement, which shall be redacted to exclude any information unrelated to such alien investor or the new commercial enterprise or job creating entity into which the alien investor invested. (H) Bona fides of persons involved with regional center program (i) In general The Secretary of Homeland Security may not permit any person to be involved with any regional center, new commercial enterprise, or job-creating entity if (I) the person has been found to have committed (aa) a criminal or civil offense involving fraud or deceit within the previous 10 years; (bb) a civil offense involving fraud or deceit that resulted in a liability in excess of $1,000,000; or (cc) a crime for which the person was convicted and sentenced to a term of imprisonment of more than 1 year; (II) the person is subject to a final order, for the duration of any penalty imposed by such order, of a State securities commission (or an agency or officer of a State performing similar functions), a State authority that supervises or examines banks, savings associations, or credit unions, a State insurance commission (or an agency or officer of a State performing similar functions), an appropriate Federal banking agency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, a financial self-regulatory organization recognized by the Securities and Exchange Commission, or the National Credit Union Administration, which is based on a violation of any law or regulation that (aa) prohibits fraudulent, manipulative, or deceptive conduct; or (bb) bars the person from (AA) association with an entity regulated by such commission, authority, agency, or officer; (BB) appearing before such commission, authority, agency, or officer; (CC) engaging in the business of securities, insurance, or banking; or (DD) engaging in savings association or credit union activities; (III) the Secretary determines that the person is engaged in, has ever been engaged in, or seeks to engage in (aa) any illicit trafficking in any controlled substance or in any listed chemical (as defined in section 802 of title 21 (bb) any activity relating to espionage, sabotage, or theft of intellectual property; (cc) any activity related to money laundering (as described in section 1956 or 1957 of title 18); (dd) any terrorist activity (as defined in section 1182(a)(3)(B) of this title (ee) any activity constituting or facilitating human trafficking or a human rights offense; (ff) any activity described in section 1182(a)(3)(E) of this title (gg) the violation of any statute, regulation, or Executive order regarding foreign financial transactions or foreign asset control; or (IV) the person (aa) is, or during the preceding 10 years has been, included on the Department of Justices List of Currently Disciplined Practitioners; or (bb) during the preceding 10 years, has received a reprimand or has otherwise been publicly disciplined for conduct related to fraud or deceit by a State bar association of which the person is or was a member. (ii) Foreign involvement in regional center program (I) Lawful status required A person may not be involved with a regional center unless the person (aa) is a national of the United States or an individual who has been lawfully admitted for permanent residence (as such terms are defined in paragraphs (20) and (22) of section 1101(a) of this title (bb) is not the subject of rescission or removal proceedings. (II) Foreign governments No agency, official, or other similar entity or representative of a foreign government entity may provide capital to, or be directly or indirectly involved with the ownership or administration of, a regional center, a new commercial enterprise, or a job-creating entity, except that a foreign or domestic investment fund or other investment vehicle that is wholly or partially owned, directly or indirectly, by a bona fide foreign sovereign wealth fund or a foreign state-owned enterprise otherwise permitted to do business in the United States may be involved with the ownership, but not the administration, of a job-creating entity that is not an affiliated job-creating entity. (III) Rulemaking Not later than 270 days after March 15, 2022 (iii) Information required The Secretary of Homeland Security (I) shall require such attestations and information, including the submission of fingerprints or other biometrics to the Federal Bureau of Investigation with respect to a regional center, a new commercial enterprise, and any affiliated job creating entity, and persons involved with such entities (as described in clause (v)), as may be necessary to determine whether such entities are in compliance with clauses (i) and (ii); (II) shall perform such criminal record checks and other background and database checks with respect to a regional center, a new commercial enterprise, and any affiliated job-creating entity, and persons involved with such entities (as described in clause (v)), as may be necessary to determine whether such entities are in compliance with clauses (i) and (ii); and (III) may, at the Secretarys discretion, require the information described to in subclause (I) and may perform the checks described in subclause (II) with respect to any job creating entity and persons involved with such entity if there is a reasonable basis to believe such entity or person is not in compliance with clauses (i) and (ii). (iv) Termination (I) In general The Secretary of Homeland Security may suspend or terminate the designation of any regional center, or the participation under the program of any new commercial enterprise or job-creating entity under this paragraph if the Secretary determines that such entity (aa) knowingly involved a person with such entity in violation of clause (i) or (ii) by failing, within 14 days of acquiring such knowledge (AA) to take commercially reasonable efforts to discontinue the prohibited persons involvement; or (BB) to provide notice to the Secretary; (bb) failed to provide an attestation or information requested by the Secretary under clause (iii)(I); or (cc) knowingly provided any false attestation or information under clause (iii)(I). (II) Limitation The Secretarys authorized sanctions under subclause (I) shall be limited to entities that have engaged in any activity described in subclause (I). (III) Information (aa) Notification The Secretary, after performing the criminal record checks and other background checks described in clause (iii), shall notify a regional center, new commercial enterprise, or job-creating entity whether any person involved with such entities is not in compliance with clause (i) or (ii), unless the information that provides the basis for the determination is classified or disclosure is otherwise prohibited under law. (bb) Effect of failure to respond If the regional center, new commercial enterprise, or job-creating entity fails to discontinue the prohibited persons involvement with the regional center, new commercial enterprise, or job-creating entity, as applicable, within 30 days after receiving such notification, such entity shall be deemed to have knowledge under subclause (I)(aa) that the involvement of such person with the entity is in violation of clause (i) or (ii). (v) Persons involved with a regional center, new commercial enterprise, or job-creating entity For the purposes of this paragraph, unless otherwise determined by the Secretary of Homeland Security, a person is involved with a regional center, a new commercial enterprise, any affiliated job-creating entity, as applicable, if the person is, directly or indirectly, in a position of substantive authority to make operational or managerial decisions over pooling, securitization, investment, release, acceptance, or control or use of any funding that was procured under the program described in subparagraph (E). An individual may be in a position of substantive authority if the person serves as a principal, a representative, an administrator, an owner, an officer, a board member, a manager, an executive, a general partner, a fiduciary, an agent, or in a similar position at the regional center, new commercial enterprise, or job-creating entity, respectively. (I) Compliance with securities laws (i) Jurisdiction (I) In general The United States has jurisdiction, including subject matter jurisdiction, over the purchase or sale of any security offered or sold, or any investment advice provided, by any regional center or any party associated with a regional center for purposes of the securities laws. (II) Compliance with regulation s For purposes of section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e (III) Savings provision Subclause (I) is not intended to modify any existing rules or regulations of the Securities and Exchange Commission related to the application of section 78 o (ii) Regional center certifications required (I) Initial certification The Secretary of Homeland Security may not approve an application for regional center designation or regional center amendment unless the regional center certifies that, to the best of the certifiers knowledge, after a due diligence investigation, the regional center is in compliance with and has policies and procedures, including those related to internal and external due diligence, reasonably designed to confirm, as applicable, that all parties associated with the regional center are and will remain in compliance with the securities laws of the United States and of any State in which (aa) the offer, purchase, or sale of securities was conducted; (bb) the issuer of securities was located; or (cc) the investment advice was provided by the regional center or parties associated with the regional center. (II) Reissue A regional center shall annually reissue a certification described in subclause (I), in accordance with subparagraph (G), to certify compliance with clause (iii) by stating that (aa) the certification is made by a certifier; (bb) to the best of the certifiers knowledge, after a due diligence investigation, all such offers, purchases, and sales of securities or the provision of investment advice complied with the securities laws of the United States and the securities laws of any State in which (AA) the offer, purchase, or sale of securities was conducted; (BB) the issuer of securities was located; or (CC) the investment advice was provided; and (cc) records, data, and information related to such offers, purchases, and sales have been maintained. (III) Effect of noncompliance If a regional center, through its due diligence, discovered during the previous fiscal year that the regional center or any party associated with the regional center was not in compliance with the securities laws of the United States or the securities laws of any State in which the securities activities were conducted by any party associated with the regional center, the certifier shall (aa) describe the activities that led to noncompliance; (bb) describe the actions taken to remedy the noncompliance; and (cc) certify that the regional center and all parties associated with the regional center are currently in compliance, to the best of the certifiers knowledge, after a due diligence investigation. (iii) Oversight required Each regional center shall (I) use commercially reasonable efforts to monitor and supervise compliance with the securities laws in relations to all offers, purchases, and sales of, and investment advice relating to, securities made by parties associated with the regional center; (II) maintain records, data, and information relating to all such offers, purchases, sales, and investment advice during the 5-year period beginning on the date of their creation; and (III) make the records, data, and information described in subclause (II) available to the Secretary or to the Securities and Exchange Commission upon request. (iv) Suspension or termination In addition to any other authority provided to the Secretary under this paragraph, the Secretary, in the Secretarys discretion, may suspend or terminate the designation of any regional center or impose other sanctions against the regional center if the regional center, or any parties associated with the regional center that the regional center knew or reasonably should have known (I) are permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the offer, purchase, or sale of a security or the provision of investment advice; (II) are subject to any final order of the Securities and Exchange Commission or a State securities regulator that (aa) bars such person from association with an entity regulated by the Securities and Exchange Commission or a State securities regulator; or (bb) constitutes a final order based on a finding of an intentional violation or a violation related to fraud or deceit in connection with the offer, purchase, or sale of, or investment advice relating to, a security; or (III) submitted, or caused to be submitted, a certification described in clause (ii) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (v) Defined term In this subparagraph, the term parties associated with a regional center means (I) the regional center; (II) any new commercial enterprise or affiliated job-creating entity or issuer of securities associated with the regional center; (III) the regional centers and new commercial enterprises owners, officers, directors, managers, partners, agents, employees, promoters and attorneys, or similar position, as determined by the Secretary; and (IV) any person under the control of the regional center, new commercial enterprise, or issuer of securities associated with the regional center who is responsible for the marketing, offering, or sale of any security offered in connection with the capital investment project. (vi) Savings provision Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws or any State securities regulator under State securities laws. (J) EB5 Integrity Fund (i) Establishment There is established in the United States Treasury a special fund, which shall be known as the EB5 Integrity Fund (referred to in this subparagraph as the Fund). Amounts deposited into the Fund shall be available to the Secretary of Homeland Security until expended for the purposes set forth in clause (iii). (ii) Fees (I) Annual fee On October 1, 2022 (aa) except as provided in item (bb), of $20,000 from each regional center designated under subparagraph (E); and (bb) of $10,000 from each such regional center with 20 or fewer total investors in the preceding fiscal year in its new commercial enterprises. (II) Petition fee Beginning on October 1, 2022 section 1154(a)(1)(H) of this title section 1356(m) of this title (III) Increases The Secretary may increase the amounts under this clause by prescribing such regulations as may be necessary to ensure that amounts in the Fund are sufficient to carry out the purposes set forth in clause (iii). (iii) Permissible uses of fund The Secretary shall (I) use not less than 13 of the amounts deposited into the Fund for investigations based outside of the United States, including (aa) monitoring and investigating program-related events and promotional activities; and (bb) ensuring an alien investors compliance with subparagraph (L); and (II) use amounts deposited into the Fund (aa) to detect and investigate fraud or other crimes; (bb) to determine whether regional centers, new commercial enterprises, job-creating entities, and alien investors (and their alien spouses and alien children) comply with the immigration laws; (cc) to conduct audits and site visits; and (dd) as the Secretary determines to be necessary, including monitoring compliance with the requirements under section 1153a of this title (iv) Failure to pay fee The Secretary of Homeland Security shall (I) impose a reasonable penalty, which shall be deposited into the Fund, if any regional center does not pay the fee required under clause (ii) within 30 days after the date on which such fee is due; and (II) terminate the designation of any regional center that does not pay the fee required under clause (ii) within 90 days after the date on which such fee is due. (v) Report The Secretary shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes how amounts in the Fund were expended during the previous fiscal year. (K) Direct and third-party promoters (i) Rules and standards Direct and third-party promoters (including migration agents) of a regional center, any new commercial enterprise, an affiliated job-creating entity, or an issuer of securities intended to be offered to alien investors in connection with a particular capital investment project shall comply with the rules and standards prescribed by the Secretary of Homeland Security and any applicable Federal or State securities laws, to oversee promotion of any offering of securities related to the EB5 Program, including (I) registration with U.S. Citizenship and Immigration Services, which (aa) includes identifying and contact information for such promoter and confirmation of the existence of the written agreement required under clause (iii); and (bb) may be made publicly available at the discretion of the Secretary; (II) certification by each promoter that such promoter is not ineligible under subparagraph (H)(i); (III) guidelines for accurately representing the visa process to foreign investors; and (IV) guidelines describing permissible fee arrangements under applicable securities and immigration laws. (ii) Effect of violation If the Secretary determines that a direct or third-party promoter has violated clause (i), the Secretary shall suspend or permanently bar such individual from participation in the program described in subparagraph (E). (iii) Compliance Each regional center, new commercial enterprise, and affiliated job-creating entity shall maintain a written agreement between or among such entities and each direct or third-party promoter operating on behalf of such entities that outlines the rules and standards prescribed under clause (i). (iv) Disclosure Each petition filed under section 1154(a)(1)(H) of this title (L) Source of funds (i) In general An alien investor shall demonstrate that the capital required under subparagraph (A) and any funds used to pay administrative costs and fees associated with the aliens investment were obtained from a lawful source and through lawful means. (ii) Required information The Secretary of Homeland Security shall require that an alien investors petition under this paragraph contain, as applicable (I) business and tax records, or similar records, including (aa) foreign business registration records; (bb) corporate or partnership tax returns (or tax returns of any other entity in any form filed in any country or subdivision of such country), and personal tax returns, including income, franchise, property (whether real, personal, or intangible), or any other tax returns of any kind, filed during the past 7 years (or another period to be determined by the Secretary to ensure that the investment is obtained from a lawful source of funds) with any taxing jurisdiction within or outside the United States by or on behalf of the alien investor; and (cc) any other evidence identifying any other source of capital or administrative fees; (II) evidence related to monetary judgments against the alien investor, including certified copies of any judgments, and evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving possible monetary judgments against the alien investor from any court within or outside the United States; and (III) the identity of all persons who transfer into the United States, on behalf of the investor, any funds that are used to meet the capital requirement under subparagraph (A). (iii) Gift and loan restrictions (I) In general Gifted and borrowed funds may not be counted toward the minimum capital investment requirement under subparagraph (C) unless such funds (aa) were gifted or loaned to the alien investor in good faith; and (bb) were not gifted or loaned to circumvent any limitations imposed on permissible sources of capital under this subparagraph, including but not limited to proceeds from illegal activity. (II) Records requirement If funds invested under subparagraph (A) are gifted or loaned to the alien investor, the Secretary shall require that the alien investors petition under this paragraph includes the records described in subclauses (I) and (II) of clause (ii) from the donor or, if other than a bank, the lender. (M) Treatment of good faith investors following program noncompliance (i) Termination or debarment of EB5 entity Except as provided in clause (vi), upon the termination or debarment, as applicable, from the program under this paragraph of a regional center, a new commercial enterprise, or a job-creating entity (I) an otherwise qualified petition under section 1154(a)(1)(H) of this title section 1186b(a)(1) of this title (II) the Secretary of Homeland Security shall notify the alien beneficiaries of such petitions of such termination or debarment. (ii) New regional center or investment The petition under section 1154(a)(1)(H) of this title March 15, 2022 (I) in the case of the termination of a regional center (aa) the new commercial enterprise associates with an approved regional center, regardless of the approved geographical boundaries of such regional centers designation; or (bb) such alien makes a qualifying investment in another new commercial enterprise; or (II) in the case of the debarment of a new commercial enterprise or job-creating entity, such alien (aa) associates with a new commercial enterprise in good standing; and (bb) invests additional investment capital solely to the extent necessary to satisfy remaining job creation requirements under subparagraph (A)(ii). (iii) Amendments (I) Filing requirement The Secretary shall permit a petition described in clause (i)(I) to be amended to allow such petition to meet the applicable eligibility requirements under clause (ii), or to notify the Secretary that a pending or approved petition continues to meet the eligibility requirements described in clause (ii) notwithstanding termination or debarment described in clause (i) if such amendment is filed not later than 180 days after the Secretary provides notification of termination or debarment of a regional center, a new commercial enterprise, or a job-creating entity, as applicable. (II) Determination of eligibility For purposes of determining eligibility under subclause (I) (aa) the Secretary shall permit amendments to the business plan, without such facts underlying the amendment being deemed a material change; and (bb) may deem any funds obtained or recovered by an alien investor, directly or indirectly, from claims against third parties, including insurance proceeds, or any additional investment capital provided by the alien, to be such aliens investment capital for the purposes of subparagraph (A) if such investment otherwise complies with the requirements under this paragraph and section 1186b of this title (iv) Removal of conditions Aliens described in subclauses (I)(bb) and (II) of clause (ii) shall be eligible to have their conditions removed pursuant to section 1186b of this title (v) Remedies For petitions approved under clause (ii), including following an amendment filed under clause (iii), the Secretary (I) shall retain the immigrant visa priority date related to the original petition and prevent age-out of derivative beneficiaries; and (II) may hold such petition in abeyance and extend any applicable deadlines under this paragraph. (vi) Exception If the Secretary has reason to believe that an alien was a knowing participant in the conduct that led to the termination of a regional center, new commercial enterprise, or job-creating entity described in clause (i) (I) the alien shall not be accorded any benefit under this subparagraph; and (II) the Secretary shall (aa) notify the alien of such belief; and (bb) subject to section 1186b(b)(2) of this title (N) Threats to the national interest (i) Denial or revocation The Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph, including the documents described in clause (ii), if the Secretary determines, in the Secretarys discretion, that the approval of such petition, application, or benefit is contrary to the national interest of the United States for reasons relating to threats to public safety or national security. (ii) Documents The documents described in this clause are (I) a certification, designation, or amendment to the designation of a regional center; (II) a petition seeking classification of an alien as an alien investor under this paragraph; (III) a petition to remove conditions under section 1186b of this title (IV) an application for approval of a business plan in a new commercial enterprise under subparagraph (F); or (V) a document evidencing conditional permanent resident status that was issued to an alien pursuant to section 1186b of this title (iii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated for reasons relating to public safety or national security, any person associated with such regional center, new commercial enterprise, or job-creating entity, including an alien investor, shall be permanently barred from future participation in the program under this paragraph if the Secretary of Homeland Security, in the Secretarys discretion, determines, by a preponderance of the evidence, that such person was a knowing participant in the conduct that led to the termination. (iv) Notice If the Secretary of Homeland Security determines that the approval of a petition, application, or benefit described in this paragraph should be denied or revoked pursuant to clause (i), the Secretary shall (I) notify the relevant individual, regional center, or commercial entity of such determination; (II) deny or revoke such petition, application, or benefit or terminate the permanent resident status of the alien (and the alien spouse and alien children of such immigrant), as of the date of such determination; and (III) provide any United States-owned regional center, new commercial enterprise, or job creating entity an explanation for such determination unless the relevant information is classified or disclosure is otherwise prohibited under law. (v) Judicial review Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 section 1252 of this title (O) Fraud, misrepresentation, and criminal misuse (i) Denial or revocation Subject to subparagraph (M), the Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph, including the documents described in subparagraph (N)(ii), if the Secretary determines, in the Secretarys discretion, that such petition, application, or benefit was predicated on or involved fraud, deceit, intentional material misrepresentation, or criminal misuse. (ii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated for reasons relating to fraud, intentional material misrepresentation, or criminal misuse, any person associated with such regional center, new commercial enterprise, or job-creating entity, including an alien investor, shall be permanently barred from future participation in the program if the Secretary determines, in the Secretarys discretion, by a preponderance of the evidence, that such person was a knowing participant in the conduct that led to the termination. (iii) Notice If the Secretary determines that the approval of a petition, application, or benefit described in this paragraph should be denied or revoked pursuant to clause (i), the Secretary shall (I) notify the relevant individual, regional center, or commercial entity of such determination; and (II) deny or revoke such petition, application, or benefit or terminate the permanent resident status of the alien (and the alien spouse and alien children of such immigrant), in accordance with clause (i), as of the date of such determination. (P) Administrative appellate review (i) In general The Director of U.S. Citizenship and Immigration Services shall provide an opportunity for an administrative appellate review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services of any determination made under this paragraph, including (I) an application for regional center designation or regional center amendment; (II) an application for approval of a business plan filed under subparagraph (F); (III) a petition by an alien investor for status as an immigrant under this paragraph; (IV) the termination or suspension of any benefit accorded under this paragraph; and (V) any sanction imposed by the Secretary under this paragraph. (ii) Judicial review Subject to subparagraph (N)(v) and section 1252(a)(2) of this title section 2241 of title 28 (Q) Fund administration (i) In general Each new commercial enterprise shall deposit and maintain the capital investment of each alien investor in a separate account, including amounts held in escrow. (ii) Use of funds Amounts in a separate account may only (I) be transferred to another separate account or a job creating entity; (II) otherwise be deployed into the capital investment project for which the funds were intended; or (III) be transferred to the alien investor who contributed the funds as a refund of that investors capital investment, if otherwise permitted under this paragraph. (iii) Deployment of funds into an affiliated job-creating entity If amounts are transferred to an affiliated job-creating entity pursuant to clause (ii)(I) (I) the affiliated job-creating entity shall maintain such amounts in a separate account until they are deployed into the capital investment project for which they were intended; and (II) not later than 30 days after such amounts are deployed pursuant to subclause (I), the affiliated job-creating entity shall provide written notice to the fund administrator retained pursuant to clause (iv) that a construction consultant or other individual authorized by the Secretary has verified that such amounts have been deployed into the project. (iv) Fund administrator Except as provided in clause (v), the new commercial enterprise shall retain a fund administrator to fulfill the requirements under this subparagraph. The fund administrator (I) shall be independent of, and not directly related to, the new commercial enterprise, the regional center associated with the new commercial enterprise, the job creating entity, or any of the principals or managers of such entities; (II) shall be licensed, active, and in good standing as (aa) a certified public accountant; (bb) an attorney; (cc) a broker-dealer or investment adviser registered with the Securities and Exchange Commission; or (dd) an individual or company that otherwise meets such requirements as may be established by the Secretary; (III) shall monitor and track any transfer of amounts from the separate account; (IV) shall serve as a cosignatory on all separate accounts; (V) before any transfer of amounts from a separate account, shall (aa) verify that the transfer complies with all governing documents, including organizational, operational, and investment documents; and (bb) approve such transfer with a written or electronic signature; (VI) shall periodically provide each alien investor with information about the activity of the account in which the investors capital investment is held, including (aa) the name and location of the bank or financial institution at which the account is maintained; (bb) the history of the account; and (cc) any additional information required by the Secretary; and (VII) shall make and preserve, during the 5-year period beginning on the last day of the Federal fiscal year in which any transactions occurred, books, ledgers, records, and other documentation necessary to comply with this clause, which shall be provided to the Secretary upon request. (v) Waiver (I) Waiver permitted The Secretary of Homeland Security, after consultation with the Securities and Exchange Commission, may waive the requirements under clause (iv) for any new commercial enterprise or affiliated job-creating entity that is controlled by or under common control of an investment adviser or broker-dealer that is registered with the Securities and Exchange Commission if the Secretary, in the Secretarys discretion, determines that the Securities and Exchange Commission provides comparable protections and transparency for alien investors as the protections and transparency provided under clause (iv). (II) Waiver required The Secretary of Homeland Security shall waive the requirements under clause (iv) for any new commercial enterprise that commissions an annual independent financial audit of such new commercial enterprise or job creating entity conducted in accordance with Generally Accepted Auditing Standards, which audit shall be provided to the Secretary and all investors in the new commercial enterprise. (vi) Defined term In this subparagraph, the term separate account means an account that (I) is maintained in the United States by a new commercial enterprise or job creating entity at a federally regulated bank or at another financial institution (as defined in section 20 of title 18 (II) is insured; and (III) contains only the pooled investment funds of alien investors in a new commercial enterprise with respect to a single capital investment project. (R) Required checks Any petition filed by an alien under section 1154(a)(1)(H) of this title (S) Protection from expired legislation Notwithstanding the expiration of legislation authorizing the regional center program under subparagraph (E), the Secretary of Homeland Security (i) shall continue processing petitions under sections 1154(a)(1)(H) and 1186b of this title based on an investment in a new commercial enterprise associated with a regional center that were filed on or before September 30, 2026 (ii) may not deny a petition described in clause (i) based on the expiration of such legislation; and (iii) may not suspend or terminate the allocation of visas to the beneficiaries of approved petitions described in clause (i). (6) Special rules for K special immigrants (A) Not counted against numerical limitation in year involved Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 1101(a)(27)(K) of this title section 1152(a) of this title (B) Counted against numerical limitations in following year (i) Reduction in employment-based immigrant classifications The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 13 of the number of visas made available in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this title (ii) Reduction in per country level The number of visas made available in each fiscal year to natives of a foreign state under section 1152(a) of this title section 1101(a)(27)(K) of this title (iii) Reduction in employment-based immigrant classifications within per country ceiling In the case of a foreign state subject to section 1152(e) of this title section 1101(a)(27)(K) of this title (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 (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 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 16 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 (e) Order of consideration (1) Immigrant visas made available under subsection (a) or (b) 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 section 1154(a) of this title (2) Immigrant visa numbers made available under subsection (c) (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) Authorization for issuance In the case of any alien claiming in his application for an immigrant visa to be described in section 1151(b)(2) of this title section 1154 of this title (g) Lists For purposes of carrying out the Secretarys 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) 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 aliens control. (h) Rules for determining whether certain aliens are children (1) In general For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) of this title (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the aliens parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending. (2) Petitions described The petition described in this paragraph is (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 1154 of this title (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 1154 of this title (3) Retention of priority date If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the aliens petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition. (4) Application to self-petitions Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners. (5) Age determination for children of alien investors An alien who has reached 21 years of age and has been admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 1186b of this title ( June 27, 1952, ch. 477 66 Stat. 178 Pub. L. 85316,  3 Sept. 11, 1957 71 Stat. 639 Pub. L. 86363 Sept. 22, 1959 73 Stat. 644 Pub. L. 89236,  3 Oct. 3, 1965 79 Stat. 912 Pub. L. 94571,  4 Oct. 20, 1976 90 Stat. 2705 Pub. L. 95412,  3 Oct. 5, 1978 92 Stat. 907 Pub. L. 95417,  1 Oct. 5, 1978 92 Stat. 917 Pub. L. 96212, title II,  203(c) Mar. 17, 1980 94 Stat. 107 Pub. L. 101649, title I Nov. 29, 1990 104 Stat. 4986 Pub. L. 102110,  2(b) Oct. 1, 1991 105 Stat. 555 Pub. L. 102232, title III,  302(b)(2) Dec. 12, 1991 105 Stat. 1743 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4314 Pub. L. 10695,  5 Nov. 12, 1999 113 Stat. 1318 Pub. L. 106113, div. B,  1000(a)(1) [title I,  117] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106536,  1(b)(1) Nov. 22, 2000 114 Stat. 2560 Pub. L. 107208,  3 Aug. 6, 2002 116 Stat. 928 Pub. L. 107273, div. C, title I Nov. 2, 2002 116 Stat. 1846 Pub. L. 109162, title VIII,  805(b)(2) Jan. 5, 2006 119 Stat. 3056 Pub. L. 117103, div. BB Mar. 15, 2022 136 Stat. 1070  Editorial Notes  References in Text The enactment date of this subsection, referred to in subsec. (b)(2)(B)(ii)(IV), probably means the date of enactment of Pub. L. 10695 Nov. 12, 1999 The Securities Act of 1933, referred to in subsec. (b)(5)(F)(i)(III), is title I of act May 27, 1933, ch. 38 48 Stat. 74 section 77a of Title 15 This chapter, referred to in subsec. (b)(5)(F)(v)(I)(bb), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2022Subsec. (b)(5)(A)(i). Pub. L. 117103,  102(a)(1)(A) Subsec. (b)(5)(A)(ii). Pub. L. 117103,  102(a)(1)(B) Subsec. (b)(5)(B). Pub. L. 117103,  102(a)(2) Subsec. (b)(5)(C)(i). Pub. L. 117103,  102(a)(3)(A) Subsec. (b)(5)(C)(ii). Pub. L. 117103,  102(a)(3)(B) Subsec. (b)(5)(C)(iii). Pub. L. 117103,  102(a)(3)(D) Subsec. (b)(5)(C)(iv). Pub. L. 117103,  102(a)(3)(C) Subsec. (b)(5)(D). Pub. L. 117103,  102(a)(4) Subsec. (b)(5)(E) to (Q). Pub. L. 117103,  103(b)(1) Subsec. (b)(5)(R). Pub. L. 117103,  103(c)(1) Subsec. (b)(5)(S). Pub. L. 117103,  108 Subsec. (h)(5). Pub. L. 117103,  102(b) 2006Subsec. (h)(4). Pub. L. 109162 2002Subsec. (b)(5)(A). Pub. L. 107273,  11036(a)(1)(A) Subsec. (b)(5)(A)(i) to (iii). Pub. L. 107273,  11036(a)(1)(B) Subsec. (b)(5)(B)(i). Pub. L. 107273,  11036(a)(2) Subsec. (b)(5)(D). Pub. L. 107273,  11035 Subsec. (h). Pub. L. 107208 2000Subsec. (b)(4). Pub. L. 106536 section 1101(a)(27)(M) of this title 1999Subsec. (b)(2)(B). Pub. L. 10695 Pub. L. 106113 Pub. L. 10695 Pub. L. 106113 1994Subsec. (b)(5)(B), (C). Pub. L. 103416,  219(c) Subsec. (b)(6)(C). Pub. L. 103416,  212(b) 1991Subsec. (b)(1). Pub. L. 102232,  302(b)(2)(A) Subsec. (b)(1)(C). Pub. L. 102232,  302(b)(2)(B) Subsec. (b)(2)(A). Pub. L. 102232,  302(b)(2)(A) Subsec. (b)(2)(B). Pub. L. 102232,  302(b)(2)(D) Subsec. (b)(3)(A). Pub. L. 102232,  302(b)(2)(A) Subsec. (b)(4), (5)(A). Pub. L. 102232,  302(b)(2)(C) Subsec. (b)(6). Pub. L. 102110 Subsec. (f). Pub. L. 102232,  302(e)(3) section 1101(a)(27) of this title section 1151(b)(2) of this title 1990Subsec. (a). Pub. L. 101649,  111(2) Subsec. (a)(7). Pub. L. 101649,  603(a)(3) section 1182(a)(5) of this title section 1182(a)(14) of this title Subsec. (b). Pub. L. 101649 Subsec. (c). Pub. L. 101649 Subsec. (d). Pub. L. 101649,  162(a)(1) Pub. L. 101649,  111(1) Subsec. (e). Pub. L. 101649,  162(a)(1) Pub. L. 101649,  111(1) Subsec. (f). Pub. L. 101649,  162(a)(1) Pub. L. 101649,  111(1) Subsec. (g). Pub. L. 101649,  162(a)(1) Pub. L. 101649,  111(1) 1980Subsec. (a). Pub. L. 96212,  203(c)(1) Subsec. (d). Pub. L. 96212,  203(c)(7) Subsec. (f). Pub. L. 96212,  203(c)(8) Subsec. (g). Pub. L. 96212,  203(c)(8) Pub. L. 96212,  203(i) Subsec. (h). Pub. L. 96212,  203(c)(8) 1978Subsec. (a)(1) to (7). Pub. L. 95412 Subsec. (a)(8). Pub. L. 95417 1976Subsec. (a). Pub. L. 94571,  4(1) section 1151(a)(ii) of this title Subsec. (e). Pub. L. 94571,  4(4) section 1154(b) of this title 1965Subsec. (a). Pub. L. 89236 Subsec. (b). Pub. L. 89236 Subsec. (c). Pub. L. 89236 Subsec. (d). Pub. L. 89236 Subsec. (e). Pub. L. 89236 Subsecs. (f) to (h). Pub. L. 89236 1959Subsec. (a)(2). Pub. L. 86363,  1 Subsec. (a)(3). Pub. L. 86363,  2 Subsec. (a)(4). Pub. L. 86363,  3 1957Subsec. (a)(1). Pub. L. 85316 Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Pub. L. 117103, div. BB,  102(e) Mar. 15, 2022 136 Stat. 1075 The amendments made by this section [amending this section and section 1255 of this title Mar. 15, 2022 Pub. L. 117103, div. BB,  103(b)(2) Mar. 15, 2022 136 Stat. 1100 The amendment made by this subsection [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [ Mar. 15, 2022 Pub. L. 117103, div. BB,  103(c)(2) Mar. 15, 2022 136 Stat. 1100 The amendment made by this subsection [amending this section] shall take effect on the date of the enactment of this Act [ Mar. 15, 2022 Effective Date of 2002 Amendments Pub. L. 107273, div. C, title I,  11036(c) Nov. 2, 2002 116 Stat. 1847  The amendments made by this section [amending this section and section 1186b of this title Nov. 2, 2002 (1) A petition under section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) 8 U.S.C. 1153(b)(5) (2) A petition under section 216A(c)(1)(A) of such Act ( 8 U.S.C. 1186b(c)(1)(A) Amendment by Pub. L. 107208 Aug. 6, 2002 section 8 of Pub. L. 107208 section 1151 of this title Effective Date of 2000 Amendment Pub. L. 106536,  1(b)(2) Nov. 22, 2000 114 Stat. 2561 The amendment made by paragraph (1) [amending this section] shall apply to visas made available in any fiscal year beginning on or after October 1, 2000 Effective Date of 1994 Amendment Amendment by section 219(c) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendments Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Amendment by Pub. L. 102110 Oct. 1, 1991 section 2(d) of Pub. L. 102110 section 1101 of this title Effective Date of 1990 Amendment Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L. 101649 Oct. 1, 1991 Pub. L. 101649 section 1101 of this title Amendment by section 603(a)(3) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1980 Amendment Amendment by section 203(c) of Pub. L. 96212 Apr. 1, 1980 section 203(i) of Pub. L. 96212 Apr. 1, 1980 section 204 of Pub. L. 96212 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Enhanced Pay Scale for Certain Federal Employees Administering the Employment Creation Program Pub. L. 117103, div. BB,  102(c) Mar. 15, 2022 136 Stat. 1075 The Secretary of Homeland Security may establish, fix the compensation of, and appoint individuals to designated critical, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) Adjudication of Petitions Pub. L. 117103, div. BB,  105(c) Mar. 15, 2022 136 Stat. 1103 The Secretary of Homeland Security shall continue to adjudicate petitions and benefits under sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) section 1101 of this title Timely Processing Pub. L. 117103, div. BB,  106 Mar. 15, 2022 136 Stat. 1103  (a)  Fee Study Not later than 1 year after the date of the enactment of this Act [ Mar. 15, 2022 8 U.S.C. 1153(b)(5) (b)  Adjustment of Fees To Achieve Efficient Processing Notwithstanding section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) 8 U.S.C. 1153(b)(5) (1) 180 days after receiving a proposal for the establishment of a regional center described in section 203(b)(5)(E) of such Act; (2) 180 days after receiving an application for approval of an investment in a new commercial enterprise described in section 203(b)(5)(F) of such Act; (3) 90 days after receiving an application for approval of an investment in a new commercial enterprise described in section 203(b)(5)(F) of such Act that is located in a targeted employment area (as defined in section 203(b)(5)(D) of such Act); (4) 240 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act; (5) 120 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act with respect to an investment in a targeted employment area (as defined in section 203(b)(5)(D) of such Act); and (6) 240 days after receiving a petition from an alien for removal of conditions described in section 216A(c) of such Act. (c)  Additional Fees Fees in excess of the fee levels described in subsection (b) may be charged only (1) in an amount that is equal to the amount paid by all other classes of fee-paying applicants for immigration-related benefits, to contribute to the coverage or reduction of the costs of processing or adjudicating classes of immigration benefit applications that Congress, or the Secretary of Homeland Security in the case of asylum applications, has authorized to be processed or adjudicated at no cost or at a reduced cost to the applicant; and (2) in an amount that is not greater than 1 percent of the fee for filing a petition under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (d)  Exemption From Paperwork Reduction Act During the 1-year period beginning on the date of the enactment of this Act [ Mar. 15, 2022 section 1101 of this title (e)  Rule of Construction Regarding Adjudication Delays Nothing in this division may be construed to limit the authority of the Secretary of Homeland Security to suspend the adjudication of any application or petition under section 203(b)(5) or 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (f)  Rule of Construction Regarding Modification of Fees Nothing in this section may be construed to require any modification of fees before the completion of (1) the fee study described in subsection (a); or (2) regulations promulgated by the Secretary of Homeland Security, in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act), to carry out subsections (b) and (c). GAO Study Pub. L. 108156,  5 Dec. 3, 2003 117 Stat. 1945 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  (a)  In General Not later than 1 year after the date of enactment of this Act [ Dec. 3, 2003 8 U.S.C. 1153(b)(5) (b)  Contents The report described in subsection (a) shall include information regarding (1) the number of immigrant investors that have received visas under the immigrant investor program in each year since the inception of the program; (2) the country of origin of the immigrant investors; (3) the localities where the immigrant investors are settling and whether those investors generally remain in the localities where they initially settle; (4) the number of immigrant investors that have sought to become citizens of the United States; (5) the types of commercial enterprises that the immigrant investors have established; and (6) the types and number of jobs created by the immigrant investors. Recapture of Unused Employment-Based Immigrant Visas Pub. L. 106313, title I,  106(d) Oct. 17, 2000 114 Stat. 1254 Pub. L. 10913, div. B, title V,  502 May 11, 2005 119 Stat. 322  (1)  In general Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act [ 8 U.S.C. 1153(b) 8 U.S.C. 1153(d) (2)  Number available. (A)  In general Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal years 1999 through 2004 and the number of such visas that were actually used in such fiscal years. (B) (i)  Reduction The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years. (ii)  Maximum The total number of visas made available under paragraph (1) from unused visas from the fiscal years 2001 through 2004 may not exceed 50,000. (C)  Construction Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(3)(C) (3)  Employment-based visas defined For purposes of this subsection, the term employment-based visa means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) Temporary Reduction in Workers Visas Pub. L. 105100, title II,  203(e) Nov. 19, 1997 111 Stat. 2199 Pub. L. 105139,  1(e) Dec. 2, 1997 111 Stat. 2645  (1) Beginning in the fiscal year following the fiscal year in which a visa has been made available under section 203(b)(3)(A)(iii) of the Immigration and Nationality Act [ 8 U.S.C. 1153(b)(3)(A)(iii) 8 U.S.C. 1154 Nov. 19, 1997 (2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which (A) the number computed under subsection (d)(2)(A) [ section 203(d)(2)(A) of Pub. L. 105100 8 U.S.C. 1151 (B) the total of the reductions in available visas under this subsection for all previous fiscal years. Diversity Immigrant Lottery Fee Pub. L. 104208, div. C, title VI,  636 Sept. 30, 1996 110 Stat. 3009703 Pub. L. 11531, div. J, title VII,  7081(d) May 5, 2017 131 Stat. 716 The Secretary of State may establish a fee to be paid by each applicant for an immigrant visa described in section 203(c) of the Immigration and Nationality Act [ 8 U.S.C. 1153(c) August 18, 1856 11 Stat. 58 22 U.S.C. 4212421 Eligibility for Visas for Polish Applicants for 1995 Diversity Immigrant Program Pub. L. 104208, div. C, title VI,  637 Sept. 30, 1996 110 Stat. 3009704  (a)  In General The Attorney General, in consultation with the Secretary of State, shall include among the aliens selected for diversity immigrant visas for fiscal year 1997 pursuant to section 203(c) of the Immigration and Nationality Act [ 8 U.S.C. 1153(c) September 30, 1995 (1) was selected as a diversity immigrant under such section for fiscal year 1995; (2) applied for adjustment of status to that of an alien lawfully admitted for permanent residence pursuant to section 245 of such Act [ 8 U.S.C. 1255 (3) was not determined by the Attorney General to be excludable under section 212 of such Act [ 8 U.S.C. 1182 8 U.S.C. 1153(c)(2) (4) did not become an alien lawfully admitted for permanent residence during fiscal year 1995. (b)  Priority The aliens selected under subsection (a) shall be considered to have been selected for diversity immigrant visas for fiscal year 1997 prior to any alien selected under any other provision of law. (c)  Reduction of Immigrant Visa Number For purposes of applying the numerical limitations in sections 201 and 203(c) of the Immigration and Nationality Act [ 8 U.S.C. 1151 Soviet Scientists Immigration Pub. L. 107228, div. B, title XIII,  1304(d) Sept. 30, 2002 116 Stat. 1437  The Attorney General shall consult with the Secretary, the Secretary of Defense, the Secretary of Energy, and the heads of other appropriate agencies of the United States regarding (1) previous experience in implementing the Soviet Scientists Immigration Act of 1992 [ Pub. L. 102509 (2) any changes that those officials would recommend in the regulations prescribed under that Act. [For definition of Secretary as used in section 1304(d) of Pub. L. 107228 section 3 of Pub. L. 107228 section 2651 of Title 22 Pub. L. 102509 Oct. 24, 1992 106 Stat. 3316 Pub. L. 107228, div. B, title XIII,  1304(a) Sept. 30, 2002 116 Stat. 1436  SECTION 1. SHORT TITLE. This Act may be cited as the Soviet Scientists Immigration Act of 1992. SEC. 2. DEFINITIONS. For purposes of this Act (1) the term Baltic states means the sovereign nations of Latvia, Lithuania, and Estonia; (2) the term independent states of the former Soviet Union means the sovereign nations of Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and (3) the term eligible independent states and Baltic scientists means aliens (A) who are nationals of any of the independent states of the former Soviet Union or the Baltic states; and (B) who are scientists or engineers who have expertise in nuclear, chemical, biological or other high technology fields or who are working on nuclear, chemical, biological or other high-technology defense projects, as defined by the Attorney General. SEC. 3. WAIVER OF JOB OFFER REQUIREMENT. The requirement in section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING EXCEPTIONAL ABILITY. (a)  In General The Attorney General shall designate a class of eligible independent states and Baltic scientists, based on their level of expertise, as aliens who possess exceptional ability in the sciences, for purposes of section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) 8 U.S.C. 1101(a)(20) (b)  Regulations The Attorney General shall prescribe regulations to carry out subsection (a). (c)  Limitation Not more than 950 eligible independent states and Baltic scientists (excluding spouses and children if accompanying or following to join) within the class designated under subsection (a) may be allotted visas under section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) (d)  Duration of Authority The authority under subsection (a) shall be in effect during the following periods: (1) The period beginning on the date of the enactment of this Act [ Oct. 24, 1992 (2) The period beginning on the date of the enactment of the Security Assistance Act of 2002 [ Sept. 30, 2002 Immigration Program Pub. L. 102395, title VI,  610 Oct. 6, 1992 106 Stat. 1874 Pub. L. 105119, title I,  116(a) Nov. 26, 1997 111 Stat. 2467 Pub. L. 106396,  402 Oct. 30, 2000 114 Stat. 1647 Pub. L. 107273, div. C, title I,  11037(a) Nov. 2, 2002 116 Stat. 1847 Pub. L. 108156,  4 Dec. 3, 2003 117 Stat. 1945 Pub. L. 11183, title V,  548 Oct. 28, 2009 123 Stat. 2177 Pub. L. 112176,  1 Sept. 28, 2012 126 Stat. 1325 8 U.S.C. 1153(b)(5) Pub. L. 117103, div. BB,  103(a) Mar. 15, 2022 136 Stat. 1075 Transition for Spouses and Minor Children of Legalized Aliens Pub. L. 101649, title I,  112 Nov. 29, 1990 104 Stat. 4987 Pub. L. 102232, title III,  302(b)(1) Dec. 12, 1991 105 Stat. 1743  (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) (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) 8 U.S.C. 1154 (c)  Legalized Alien Defined In this section, the term legalized alien means an alien lawfully admitted for 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 (3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [ Pub. L. 99603 section 1255a of this title (d)  Definitions The definitions in the Immigration and Nationality Act [ 8 U.S.C. 1101 Transition for Employees of Certain United States Businesses Operating in Hong Kong Pub. L. 101649, title I,  124 Nov. 29, 1990 104 Stat. 4996 Pub. L. 102232, title III,  302(b)(5) Dec. 12, 1991 105 Stat. 1743  (a)  Additional Visa Numbers. (1)  Treatment of principals In the case of any alien described in paragraph (3) (or paragraph (2) as the spouse or child of such an alien) 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) (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) (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 except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 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) (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) (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. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 section 1101 of this title Diversity Transition for Aliens Who Are Natives of Certain Adversely Affected Foreign States Pub. L. 103416, title II,  217(b) Oct. 25, 1994 108 Stat. 4315  (1)  Eligibility For the purpose of carrying out the extension of the diversity transition program under the amendments made by subsection (a) [amending section 132 of Pub. L. 101649 8 U.S.C. 1153(c) section 132 of Pub. L. 101649 (2)  Notification Not later than 180 days after the date of enactment of this Act [ Oct. 25, 1994 (3)  Requirements Notwithstanding any other provision of law, for the purpose of carrying out the extension of the diversity transition program under the amendments made by subsection (a), the requirement of section 132(b)(2) of the Immigration Act of 1990 shall not apply to applicants under such extension and the requirement of section 203(c)(2) of the Immigration and Nationality Act shall apply to such applicants. Pub. L. 101649, title I,  132 Nov. 29, 1990 104 Stat. 5000 Pub. L. 102232, title III,  302(b)(6) Dec. 12, 1991 105 Stat. 1743 Pub. L. 103416, title II,  217(a) Oct. 25, 1994 108 Stat. 4315  (a)  In General Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act [ 8 U.S.C. 1151 (b)  Qualified Alien Described An alien described in this subsection is an alien who (1) is a native of a foreign state 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. 99603 (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 strictly in a random order among those who qualify during the application period for each fiscal year established by the Secretary of State, 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) and except that if more than one application is submitted for any fiscal year (beginning with fiscal year 1993) with respect to any alien all such applications submitted with respect to the alien and fiscal year shall be voided. If the minimum number of such visas are not made available in fiscal year 1992, 1993, or 1994 to such natives, the shortfall shall be added to the number of such visas to be made available under this section to such natives in the succeeding fiscal year. In applying this section, natives of Northern Ireland shall be deemed to be natives of Ireland. (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) (e)  Waivers of Grounds of Exclusion In determining the admissibility of an alien provided a visa number under this section, the Attorney General shall waive the ground of exclusion specified in paragraph (6)(C) of section 212(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a) (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. [ Pub. L. 102232, title III,  302(b)(6)(C) Dec. 12, 1991 105 Stat. 1743 section 132(b)(1) of Pub. L. 101649 [ Pub. L. 102232, title III,  302(b)(6)(D)(i) Dec. 12, 1991 105 Stat. 1743 section 132(c) of Pub. L. 101649 One-Year Diversity Transition for Aliens Who Have Been Notified of Availability of NP5 Visas Pub. L. 101649, title I,  133 Nov. 29, 1990 104 Stat. 5000 May 1, 1990 section 314 of Pub. L. 99603 section 1182(a)(19) of this title section 1182(e) of this title section 314 of Pub. L. 99603 Transition for Displaced Tibetans Pub. L. 101649, title I,  134 Nov. 29, 1990 104 Stat. 5001 Pub. L. 102232, title III,  302(b)(7) Dec. 12, 1991 105 Stat. 1744 Nov. 29, 1990 Expedited Issuance of Lebanese Second and Fifth Preference Visas Pub. L. 101649, title I,  155 Nov. 29, 1990 104 Stat. 5007 Pub. L. 102232, title III,  302(d)(5) Dec. 12, 1991 105 Stat. 1745  (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) (or section 203(e), in the case of fiscal year 1992) of the Immigration and Nationality Act [ 8 U.S.C. 1153(c) (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 8 U.S.C. 1153(a)(2) or who are the spouse or child of such an alien if accompanying or following to join the alien. [ Section 155 of Pub. L. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 section 1101 of this title Order of Consideration Pub. L. 101649, title I,  162(a)(2) Nov. 29, 1990 104 Stat. 5010 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) Nov. 29, 1990 Making Visas Available to Immigrants From Underrepresented Countries To Enhance Diversity in Immigration Pub. L. 100658,  3 Nov. 15, 1988 102 Stat. 3908 section 1151(a) of this title section 1152 of this title Making Visas Available to Nonpreference Immigrants Pub. L. 99603, title III,  314 Nov. 6, 1986 100 Stat. 3439 Pub. L. 100658,  2(a) Nov. 15, 1988 102 Stat. 3908 section 1151(a) of this title section 1152 of this title section 1153(a)(7) of this title References to Conditional Entry Requirements of Subsection (a)(7) of This Section in Other Federal Laws Pub. L. 96212, title II,  203(h) Mar. 17, 1980 94 Stat. 108 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 April 1, 1980 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 section 5 of Pub. L. 95412 section 1182 of this title Entitlement to Preferential Status Pub. L. 94571,  9 Oct. 20, 1976 90 Stat. 2707  (a) The amendments made by this Act [see Short Title of 1976 Amendment note set out under section 1101 of this title section 1101 of this title (b) An alien chargeable to the numerical limitation contained in section 21(e) of the Act of October 3, 1965 79 Stat. 921 June 30, 1968 section 1101(a)(27)(A) of this title section 1151(b) of this title July 1, 1968 section 1101 of this title 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. 87885,  1 Oct. 24, 1962 76 Stat. 1247 March 31, 1954 January 1, 1962 Pub. L. 99653,  11 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525,  8(j)(1) Oct. 24, 1988 102 Stat. 2617 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. 87885,  2 Oct. 24, 1962 76 Stat. 1247 April 1, 1962 Pub. L. 99653,  11 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525,  8(j)(1) Oct. 24, 1988 102 Stat. 2617 Nov. 14, 1986 Issuance of Nonquota Immigrant Visas to Certain Eligible Orphans Pub. L. 87301,  25 Sept. 26, 1961 75 Stat. 657 Pub. L. 99653,  11 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525,  8(j)(2) Oct. 24, 1988 102 Stat. 2617 At any time prior to the expiration of the one hundred and eightieth day immediately following the enactment of this Act [ Sept. 26, 1961 section 4 of the Act of September 11, 1957 8 U.S.C. 1205 71 Stat. 639 73 Stat. 490 74 Stat. 505 September 30, 1961 September 30, 1961 [ Pub. L. 99653,  23(c) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2619 The amendments made by section 11 [amending section 25 of Pub. L. 87301 Pub. L. 87885 November 14, 1986 Nonquota Immigrant Status of Spouses and Children of Certain Aliens Pub. L. 86363,  4 Sept. 22, 1959 73 Stat. 644 Jan. 1, 1959 Pub. L. 87301,  24(a)(7) Sept. 26, 1961 [Repeal of section 4 of Pub. L. 86363 Sept. 26, 1961 section 24(b) of Pub. L. 87301 section 1255a of this title Adopted Sons or Adopted Daughters, Preference Status Pub. L. 86363,  5(c) Sept. 22, 1959 73 Stat. 645 section 1 of Pub. L. 86363 Special Nonquota Immigrant Visas for Refugees Pub. L. 86363,  6 Sept. 22, 1959 73 Stat. 645 Pub. L. 87301,  24(a)(7) Sept. 26, 1961 75 Stat. 657 [Repeal of section 6 of Pub. L. 86363 Sept. 26, 1961 section 24(b) of Pub. L. 87301 section 1255a of this title Issuance of Nonquota Immigrant Visas on Basis of Petitions Approved Prior to July 1, 1957 Pub. L. 85316,  12 Sept. 11, 1957 71 Stat. 642 July 1, 1957 Pub. L. 87301,  24(a)(5) Sept. 26, 1961 75 Stat. 657 [Repeal of section 12 of Pub. L. 85316 Sept. 26, 1961 section 24(b) of Pub. L. 87301 section 1255a of this title Issuance of Nonquota Immigrant Visas on Basis of Petitions Approved Prior to July 1, 1958 Pub. L. 85316,  12A Pub. L. 85700,  2 Aug. 21, 1958 72 Stat. 699 July 1, 1958 Pub. L. 87301,  24(a)(6) Sept. 26, 1961 75 Stat. 657 [Repeal of section 12A of Pub. L. 85316 Sept. 26, 1961 section 24(b) of Pub. L. 87301 section 1255a of this title  1153a. Transparency (a) In general Employees of the Department of Homeland Security, including the Secretary of Homeland Security, the Secretarys counselors, the Assistant Secretary for the Private Sector, the Director of U.S. Citizenship and Immigration Services, counselors to such Director, and the Chief of the Immigrant Investor Programs Office (or any successor to such Office) at U.S. Citizenship and Immigration Services, shall act impartially and may not give preferential treatment to any entity, organization, or individual in connection with any aspect of the immigrant visa program described in section 1153(b)(5) of this title (b) Improper activities Activities that constitute preferential treatment under subsection (a) shall include (1) working on, or in any way attempting to influence, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under the immigrant visa program referred to in subsection (a), the standard processing of an application, petition, or benefit for (A) a regional center; (B) a new commercial enterprise; (C) a job-creating entity; or (D) any person or entity associated with such regional center, new commercial enterprise, or job-creating entity; and (2) meeting or communicating with persons associated with the entities listed in paragraph (1), at the request of such persons, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under such immigrant visa program. (c) Reporting of communications (1) Written communication Employees of the Department of Homeland Security, including the officials listed in subsection (a), shall include, in the record of proceeding for a case under section 1153(b)(5) of this title March 15, 2022 (2) Oral communication If substantive oral communication, including telephonic communication, virtual communication, or in-person meetings, takes place between officials of the Department of Homeland Security and non-Department persons or entities advocating for regional center applications or individual petitions under section 1153(b)(5) of this title March 15, 2022 (A) the conversation shall be recorded; or (B) detailed minutes of the session shall be taken and included in the record of proceeding. (3) Notification (A) In general If the Secretary, in the course of written or oral communication described in this subsection, receives evidence about a specific case from anyone other than an affected party or his or her representative (excluding Federal Government or law enforcement sources), such information may not be made part of the record of proceeding and may not be considered in adjudicative proceedings unless (i) the affected party has been given notice of such evidence; and (ii) if such evidence is derogatory, the affected party has been given an opportunity to respond to the evidence. (B) Information from law enforcement, intelligence agencies, or confidential sources (i) Law enforcement or intelligence agencies Evidence received from law enforcement or intelligence agencies may not be made part of the record of proceeding without the consent of the relevant agency or law enforcement entity. (ii) Whistleblowers, confidential sources, or intelligence agencies Evidence received from whistleblowers, other confidential sources, or the intelligence community that is included in the record of proceeding and considered in adjudicative proceedings shall be handled in a manner that does not reveal the identity of the whistleblower or confidential source, or reveal classified information. (d) Consideration of evidence (1) In general No case-specific communication with persons or entities that are not part of the Department of Homeland Security may be considered in the adjudication of an application or petition under section 1153(b)(5) of this title (2) Waiver The Secretary of Homeland Security may waive the requirement under paragraph (1) only in the interests of national security or for investigative or law enforcement purposes. (e) Channels of communication (1) Email address or equivalent The Director of U.S. Citizenship and Immigration Services shall maintain an email account (or equivalent means of communication) for persons or entities (A) with inquiries regarding specific petitions or applications under the immigrant visa program described in section 1153(b)(5) of this title (B) seeking information that is not case-specific about the immigrant visa program described in such section 1153(b)(5). (2) Communication only through appropriate channels or offices (A) Announcement of appropriate channels of communication Not later than 40 days after March 15, 2022 section 1153(b)(5) of this title (i) the email address or equivalent channel described in paragraph (1); (ii) the National Customer Service Center, or any successor to such Center; or (iii) the Office of Public Engagement, Immigrant Investor Program Office, including the Stakeholder Engagement Branch, or any successors to those Offices or that Branch. (B) Direction of incoming communications (i) In general Employees of the Department of Homeland Security shall direct communications described in subparagraph (A) to the channels of communication or offices listed in clauses (i) through (iii) of subparagraph (A). (ii) Rule of construction Nothing in this subparagraph may be construed to prevent (I) any person from communicating with the Ombudsman of U.S. Citizenship and Immigration Services regarding the immigrant investor program under section 1153(b)(5) of this title (II) the Ombudsman from resolving problems regarding such immigrant investor program pursuant to the authority granted under section 272 of title 6 (C) Log (i) In general The Director of U.S. Citizenship and Immigration Services shall maintain a written or electronic log of (I) all communications described in subparagraph (A) and communications from Members of Congress, which shall reference the date, time, and subject of the communication, and the identity of the Department official, if any, to whom the inquiry was forwarded; (II) with respect to written communications described in subsection (c)(1), the date on which the communication was received, the identities of the sender and addressee, and the subject of the communication; and (III) with respect to oral communications described in subsection (c)(2), the date on which the communication occurred, the participants in the conversation or meeting, and the subject of the communication. (ii) Transparency The log of communications described in clause (i) shall be made publicly available in accordance with section 552 of title 5 (3) Publication of information Not later than 30 days after a person or entity inquiring about a specific case or generally about the immigrant visa program described in section 1153(b)(5) of this title (f) Penalty (1) In general Any person who intentionally violates the prohibition on preferential treatment under this section or intentionally violates the reporting requirements under subsection (c) shall be disciplined in accordance with paragraph (2). (2) Sanctions Not later than 90 days after March 15, 2022 (g) Rule of construction regarding classified information Nothing in this section may be construed to modify any law, regulation, or policy regarding the handling or disclosure of classified information. (h) Rule of construction regarding private right of action Nothing in this section may be construed to create or authorize a private right of action to challenge a decision of an employee of the Department of Homeland Security. (i) Effective date This section, and the amendments made by this section, shall take effect on March 15, 2022 ( Pub. L. 117103, div. BB,  107 Mar. 15, 2022 136 Stat. 1105  Editorial Notes Codification Section was enacted as part of the EB5 Reform and Integrity Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Immigration and Nationality Act which comprises this chapter.  1154. Procedure for granting immigrant status (a) Petitioning procedure (1) (A) (i) Except as provided in clause (viii), 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 section 1151(b)(2)(A)(i) of this title (ii) An alien spouse described in the second sentence of section 1151(b)(2)(A)(i) of this title (iii) (I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that (aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and (bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the aliens spouse or intended spouse. (II) For purposes of subclause (I), an alien described in this subclause is an alien (aa) (AA) who is the spouse of a citizen of the United States; (BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States; or (CC) who was a bona fide spouse of a United States citizen within the past 2 years and (aaa) whose spouse died within the past 2 years; (bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or (ccc) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the United States citizen spouse; (bb) who is a person of good moral character; (cc) who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title (dd) who has resided with the aliens spouse or intended spouse. (iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title (v) An alien who (I) is the spouse, intended spouse, or child living abroad of a citizen who (aa) is an employee of the United States Government; (bb) is a member of the uniformed services (as defined in section 101(a) of title 10 (cc) has subjected the alien or the aliens child to battery or extreme cruelty in the United States; and (II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable. (vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abusers citizenship status after filing of the petition shall not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect the aliens ability to adjust status under subsections (a) and (c) of section 1255 of this title (vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien under section 1151(b)(2)(A)(i) of this title (I) is the parent of a citizen of the United States or was a parent of a citizen of the United States who, within the past 2 years, lost or renounced citizenship status related to an incident of domestic violence or died; (II) is a person of good moral character; (III) is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title (IV) resides, or has resided, with the citizen daughter or son; and (V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son. (viii) (I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretarys sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed. (II) For purposes of subclause (I), the term specified offense against a minor is defined as in section 20911 of title 34 (B) (i) (I) Except as provided in subclause (II), 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 (I)  1 1 (ii) (I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of section 1153(a)(2)(A) of this title (aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and (bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the aliens spouse or intended spouse. (II) For purposes of subclause (I), an alien described in this paragraph is an alien (aa) (AA) who is the spouse of a lawful permanent resident of the United States; or (BB) who believed that he or she had married a lawful permanent resident of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such lawful permanent resident of the United States; or (CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and (aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or (bbb) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the lawful permanent resident spouse; (bb) who is a person of good moral character; (cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under section 1153(a)(2)(A) of this title (dd) who has resided with the aliens spouse or intended spouse. (iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title (iv) An alien who (I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who (aa) is an employee of the United States Government; (bb) is a member of the uniformed services (as defined in section 101(a) of title 10 (cc) has subjected the alien or the aliens child to battery or extreme cruelty in the United States; and (II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable. (v) (I) For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful permanent resident status by a spouse or parent after the filing of a petition under that clause shall not adversely affect approval of the petition, and, for an approved petition, shall not affect the aliens ability to adjust status under subsections (a) and (c) of section 1255 of this title (II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after divorce or termination of parental rights. (C) Notwithstanding section 1101(f) of this title section 1182(a) of this title section 1227(a) of this title (D) (i) (I) Any child who attains 21 years of age who has filed a petition under clause (iv) of subsection (a)(1)(A) or subsection (a)(1)(B)(iii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of this title (II) Any individual described in subclause (I) is eligible for deferred action and work authorization. (III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a VAWA self-petitioner with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be required to be filed. (IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization. (ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary. (iii) Nothing in the amendments made by the Child Status Protection Act shall be construed to limit or deny any right or benefit provided under this subparagraph. (iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of section 1255 of this title (v) For purposes of this paragraph, an individual who is not less than 21 years of age, who qualified to file a petition under subparagraph (A)(iv) or (B)(iii) as of the day before the date on which the individual attained 21 years of age, and who did not file such a petition before such day, shall be treated as having filed a petition under such subparagraph as of such day if a petition is filed for the status described in such subparagraph before the individual attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay. Clauses (i) through (iv) of this subparagraph shall apply to an individual described in this clause in the same manner as an individual filing a petition under subparagraph (A)(iv) or (B)(iii). (E) Any alien desiring to be classified under section 1153(b)(1)(A) of this title (F) 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. (G) (i) Any alien (other than a special immigrant under section 1101(a)(27)(D) of this title section 1153(b)(4) of this title (ii) Aliens claiming status as a special immigrant under section 1101(a)(27)(D) of this title (H) (i) Any alien seeking classification under section 1153(b)(5) of this title section 1153(b)(5) of this title section 1153(b)(5)(E) of this title March 15, 2022 section 1153(b)(5) of this title section 1153(b)(5)(E) of this title section 1153(b)(5)(F) of this title (ii) A petitioner described in clause (i) shall establish eligibility at the time he or she files a petition for classification under section 1153(b)(5) of this title section 1153(b)(5)(F) of this title (I) (i) Any alien desiring to be provided an immigrant visa under section 1153(c) of this title (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 (II) Aliens who qualify, through random selection, for a visa under section 1153(c) of this title (III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause. (iii) A petition 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. (J) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in making determinations under subparagraphs (C) and (D), the Attorney General shall consider any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. (K) Upon the approval of a petition as a VAWA self-petitioner, the alien (i) is eligible for work authorization; and (ii) may be provided an employment authorized endorsement or appropriate work permit incidental to such approval. (L) Notwithstanding the previous provisions of this paragraph, an individual who was a VAWA petitioner or who had the status of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title section 1184 of this title 2 2 (2) (A) The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, 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 (B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien 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 section 1153 of this title (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) 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 (1) Notwithstanding the provisions of subsections (a) and (b) no petition may be approved on behalf of a child defined in subparagraph (F) or (G) of section 1101(b)(1) of this title (2) Notwithstanding the provisions of subsections (a) and (b), no petition may be approved on behalf of a child defined in section 1101(b)(1)(G) of this title section 1101(b)(1)(G) of this title 42 U.S.C. 14901 (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 be admitted 3 3 section 1153 of this title section 1151(b) of this title (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 (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 aliens 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 aliens 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 aliens 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 aliens 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 aliens acquiring the status of an alien lawfully admitted for permanent residence, or during the period beginning on the date of the aliens 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 (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), except as provided in section 1255(e)(3) of this title section 1255(e)(2) of this title (h) Survival of rights to petition The legal termination of a marriage may not be the sole basis for revocation under section 1155 of this title section 1155 of this title (i) Professional athletes (1) In general A petition under subsection (a)(4)(D) 4 4 (2) Professional athlete defined For purposes of paragraph (1), the term professional athlete means an individual who is employed as an athlete by (A) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or (B) any minor league team that is affiliated with such an association. (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence A petition under subsection (a)(1)(D) 4 section 1255 of this title (k) Procedures for unmarried sons and daughters of citizens (1) In general Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or daughters classification as a family-sponsored immigrant under section 1153(a)(2)(B) of this title section 1153(a)(1) of this title (2) Exception Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she elects not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an election has been made, any determination with respect to the son or daughters eligibility for admission as a family-sponsored immigrant shall be made as if such naturalization had not taken place. (3) Priority date Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before such naturalization, he or she may maintain that priority date. (4) Clarification This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before such naturalization. (l) Surviving relative consideration for certain petitions and applications (1) In general An alien described in paragraph (2) who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States shall have such petition described in paragraph (2), or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of Homeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest. (2) Alien described An alien described in this paragraph is an alien who, immediately prior to the death of his or her qualifying relative, was (A) the beneficiary of a pending or approved petition for classification as an immediate relative (as described in section 1151(b)(2)(A)(i) of this title (B) the beneficiary of a pending or approved petition for classification under section 1153(a) or (d) of this title; (C) a derivative beneficiary of a pending or approved petition for classification under section 1153(b) of this title section 1153(d) of this title (D) the beneficiary of a pending or approved refugee/asylee relative petition under section 1157 or 1158 of this title; (E) an alien admitted in T nonimmigrant status as described in section 1101(a)(15)(T)(ii) of this title section 1101(a)(15)(U)(ii) of this title (F) a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 1101(a)(51) of this title (G) an asylee (as described in section 1158(b)(3) of this title ( June 27, 1952, ch. 477 66 Stat. 179 Pub. L. 87885,  3 Oct. 24, 1962 76 Stat. 1247 Pub. L. 89236,  4 Oct. 3, 1965 79 Stat. 915 Pub. L. 94571,  7(b) Oct. 20, 1976 90 Stat. 2706 Pub. L. 95417 Oct. 5, 1978 92 Stat. 917 Pub. L. 96470, title II,  207 Oct. 19, 1980 94 Stat. 2245 Pub. L. 97116 Dec. 29, 1981 95 Stat. 1611 Pub. L. 97359 Oct. 22, 1982 96 Stat. 1716 Pub. L. 99639 Nov. 10, 1986 100 Stat. 3541 Pub. L. 100525,  9(g) Oct. 24, 1988 102 Stat. 2620 Pub. L. 101649, title I,  162(b) Nov. 29, 1990 104 Stat. 5010 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1745 Pub. L. 103322, title IV,  40701(a) Sept. 13, 1994 108 Stat. 1953 Pub. L. 103416, title II,  219(b)(2) Oct. 25, 1994 108 Stat. 4316 Pub. L. 104208, div. C, title III,  308(e)(1)(A) Sept. 30, 1996 110 Stat. 3009619 Pub. L. 106279, title III,  302(b) Oct. 6, 2000 114 Stat. 839 Pub. L. 106313, title I,  106(c)(1) Oct. 17, 2000 114 Stat. 1254 Pub. L. 106386, div. B, title V Oct. 28, 2000 114 Stat. 15181521 Pub. L. 107208 Aug. 6, 2002 116 Stat. 929 Pub. L. 109162, title VIII Jan. 5, 2006 119 Stat. 3056 Pub. L. 109248, title IV,  402(a) July 27, 2006 120 Stat. 622 Pub. L. 109271,  6(a) Aug. 12, 2006 120 Stat. 762 Pub. L. 11183, title V,  568(d)(1) Oct. 28, 2009 123 Stat. 2187 Pub. L. 1134, title VIII,  803 Mar. 7, 2013 127 Stat. 111 Pub. L. 1136, div. D, title V,  563 Mar. 26, 2013 127 Stat. 380 Pub. L. 117103, div. BB,  105(a) Mar. 15, 2022 136 Stat. 1103  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(1)(A)(iii)(II)(aa)(BB), (B)(ii)(II)(aa)(BB), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title The Child Status Protection Act, referred to in subsec. (a)(1)(D)(iii), is Pub. L. 107208 Aug. 6, 2002 116 Stat. 927 section 1101 of this title The Intercountry Adoption Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106279 Oct. 6, 2000 114 Stat. 825 section 14901 of Title 42 Subsection (a)(4)(D) and subsection (a)(1)(D), referred to in subsecs. (i)(1) and (j), probably should refer to subsec. (a)(1)(F) of this section. The reference to subsec. (a)(4)(D) probably should have been to subsec. (a)(1)(D), as no par. (4) of subsec. (a) has been enacted. Subsec. (a)(1)(D) of this section was redesignated subsec. (a)(1)(F) by Pub. L. 106386,  1503(d)(1) Amendments 2022Subsec. (a)(1)(H). Pub. L. 117103 section 1153(b)(5) of this title 2013Subsec. (a)(1)(I)(iv). Pub. L. 1136 section 1153(c) of this title Subsec. ( l Pub. L. 1134 2009Subsec. ( l Pub. L. 11183 l 2006Subsec. (a)(1)(A)(i). Pub. L. 109248,  402(a)(1) Subsec. (a)(1)(A)(vii). Pub. L. 109162,  816 Subsec. (a)(1)(A)(viii). Pub. L. 109248,  402(a)(2) Subsec. (a)(1)(B)(i). Pub. L. 109248,  402(a)(3) Subsec. (a)(1)(D)(v). Pub. L. 109271 Pub. L. 109162,  805(c)(1) Subsec. (a)(1)(D)(i)(I). Pub. L. 109162,  805(a)(1)(A) Subsec. (a)(1)(D)(i)(III). Pub. L. 109162,  805(a)(1)(B) section 1153(a) of this title Subsec. (a)(1)(D)(iv). Pub. L. 109162,  805(a)(2) Subsec. (a)(1)(K). Pub. L. 109162,  814(b) Subsec. (a)(1)(L). Pub. L. 109162,  814(e) 2002Subsec. (a)(1)(D)(iii). Pub. L. 107208,  7 Subsec. (k). Pub. L. 107208,  6 2000Subsec. (a)(1)(A)(iii). Pub. L. 106386,  1503(b)(1)(A) section 1151(b)(2)(A)(i) of this title (I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the aliens spouse; and (II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien. Subsec. (a)(1)(A)(iv). Pub. L. 106386,  1503(b)(2) section 1151(b)(2)(A)(i) of this title (I) the alien is residing in the United States and during the period of residence with the citizen parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the aliens citizen parent; and (II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien. Subsec. (a)(1)(A)(v). Pub. L. 106386,  1503(b)(3) Subsec. (a)(1)(A)(vi). Pub. L. 106386,  1507(a)(1) Subsec. (a)(1)(B)(ii). Pub. L. 106386,  1503(c)(1) section 1153(a)(2)(A) of this title Subsec. (a)(1)(B)(iii). Pub. L. 106386,  1503(c)(2) section 1153(a)(2)(A) of this title (I) the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the aliens permanent resident parent; and (II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien. Subsec. (a)(1)(B)(iv). Pub. L. 106386,  1503(c)(3) Subsec. (a)(1)(B)(v). Pub. L. 106386,  1507(a)(2) Subsec. (a)(1)(C) to (I). Pub. L. 106386,  1503(d)(1) Subsec. (a)(1)(J). Pub. L. 106386,  1503(d)(1) Subsec. (d). Pub. L. 106279 Subsec. (h). Pub. L. 106386,  1507(b) section 1155 of this title Subsec. (j). Pub. L. 106313 1996Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub. L. 104208,  308(e)(1)(A) Subsec. (e). Pub. L. 104208,  308(f)(2)(A) Subsec. (i). Pub. L. 104208,  624(b) 1994Subsec. (a)(1). Pub. L. 103322,  40701(a) Subsec. (a)(1)(A). Pub. L. 103416 Subsec. (a)(2). Pub. L. 103322,  40701(b)(1) Subsec. (h). Pub. L. 103322,  40701(c) 1991Subsec. (a)(1)(A). Pub. L. 102232,  302(e)(4)(A) section 1151(b)(2)(A)(i) of this title Subsec. (a)(1)(F). Pub. L. 102232,  302(e)(4)(B) Subsec. (a)(1)(G)(iii). Pub. L. 102232,  302(e)(4)(C) Subsec. (e). Pub. L. 102232,  302(e)(5) Subsec. (f)(4)(A)(ii)(II). Pub. L. 102232,  309(b)(5) section 9847 of title 42 Subsec. (g). Pub. L. 102232,  308(b) Pub. L. 101649,  702(b) 1990Subsec. (a)(1). Pub. L. 101649,  162(b)(1) section 1153(a) of this title section 1151(b) of this title section 1153(a)(2) of this title section 1153(a)(3) of this title section 1153(a)(6) of this title Subsec. (b). Pub. L. 101649,  162(b)(2) section 1153(a) of this title Subsec. (e). Pub. L. 101649,  162(b)(3) section 1153 of this title section 1153(a) of this title Subsec. (f). Pub. L. 101649,  162(b)(5) section 1152(e) of this title Subsec. (f)(1). Pub. L. 101649,  162(b)(4) section 1153(a)(3) of this title section 1153(a)(4) of this title Subsec. (g). Pub. L. 101649,  702(b) Pub. L. 102232,  308(b) section 1255(e)(3) of this title Pub. L. 101649,  162(b)(6) Subsec. (h). Pub. L. 101649,  162(b)(6) 1988Subsec. (c). Pub. L. 100525,  9(g)(1) Subsec. (g)(3)(A). Pub. L. 100525,  9(g)(2) 1986Subsec. (a). Pub. L. 99639,  2(c) Subsec. (c). Pub. L. 99639,  4(a) Subsec. (h). Pub. L. 99639,  5(b) 1982Subsec. (g). Pub. L. 97359 1981Subsec. (a). Pub. L. 97116,  18(d) Subsec. (d). Pub. L. 97116,  3 Subsecs. (e), (f). Pub. L. 97116,  3 1980Subsec. (d). Pub. L. 96470 1978Subsec. (c). Pub. L. 95417,  2 Subsecs. (e), (f). Pub. L. 95417,  3 Pub. L. 94571 1976Subsec. (f). Pub. L. 94571 1965Subsec. (a). Pub. L. 89236 Subsec. (b). Pub. L. 89236 Subsec. (c). Pub. L. 89236 Subsec. (d). Pub. L. 89236 Subsec. (e). Pub. L. 89236 1962Subsec. (c). Pub. L. 87885 Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Pub. L. 117103, div. BB,  105(b) Mar. 15, 2022 136 Stat. 1103  (1)  In general The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Mar. 15, 2022 (2)  Applicability to petitions Section 204(a)(1)(H)(i) of the Immigration and Nationality Act [ 8 U.S.C. 1154(a)(1)(H)(i) 8 U.S.C. 1153(b)(5)(E) Effective and Termination Dates of 2013 Amendment Pub. L. 1136, div. D, title V,  563 Mar. 26, 2013 127 Stat. 380 Oct. 1, 2013 Sept. 30, 2014 Effective Date of 2002 Amendment Amendment by Pub. L. 107208 Aug. 6, 2002 section 8 of Pub. L. 107208 section 1151 of this title Effective Date of 2000 Amendment Amendment by Pub. L. 106279 Apr. 1, 2008 Pub. L. 106279 section 14901 of Title 42 Effective Date of 1996 Amendment Amendment by section 308(e)(1)(A), (f)(2)(A) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendments Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Amendment by Pub. L. 103322 Jan. 1, 1995 section 40701(d) of Pub. L. 103322 section 1151 of this title Effective Date of 1991 Amendment Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by section 162(b) of Pub. L. 101649 Nov. 29, 1990 Pub. L. 101649 section 1101 of this title Pub. L. 101649, title VII,  702(c) Nov. 29, 1990 104 Stat. 5086 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 Pub. L. 99639,  4(b) Nov. 10, 1986 100 Stat. 3543 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 Pub. L. 99639,  5(c) Nov. 10, 1986 100 Stat. 3543 The amendments made by this section [amending this section and section 1255 of this title Nov. 10, 1986 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title Construction of 2009 Amendment Pub. L. 11183, title V,  568(d)(2) Oct. 28, 2009 123 Stat. 2187 Nothing in the amendment made by paragraph (1) [amending this section] may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other criteria for adjudicating petitions or applications as otherwise provided under the immigration laws of the United States other than ineligibility based solely on the lack of a qualifying family relationship as specifically provided by such amendment.  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Alien Sheepherders Act Sept. 3, 1954, ch. 1254 68 Stat. 1145 Sept. 3, 1955  1155. Revocation of approval of petitions; effective date  The Secretary of Homeland Security 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 ( June 27, 1952, ch. 477 66 Stat. 180 Pub. L. 86363,  5(a) Sept. 22, 1959 73 Stat. 644 Pub. L. 87301 Sept. 26, 1961 75 Stat. 650 Pub. L. 89236,  5 Oct. 3, 1965 79 Stat. 916 Pub. L. 104208, div. C, title III,  308(g)(3)(A) Sept. 30, 1996 110 Stat. 3009622 Pub. L. 108458, title V,  5304(c) Dec. 17, 2004 118 Stat. 3736  Editorial Notes Amendments 2004 Pub. L. 108458 1996 Pub. L. 104208 1965 Pub. L. 89236 section 1156 of this title 1961Subsec. (b). Pub. L. 87301,  3(a) section 1101(b)(1)(F) of this title Subsec. (c). Pub. L. 87301 section 1101(a)(27)(A) of this title section 1153(a)(3) of this title 1959Subsec. (b). Pub. L. 86363,  5(a) Subsec. (c). Pub. L. 86363,  5(b) section 1101(b)(1)(E) of this title Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108458, title V,  5304(d) Dec. 17, 2004 118 Stat. 3736 The amendments made by this section [amending this section and sections 1201 and 1227 of this title] shall take effect on the date of enactment of this Act [ Dec. 17, 2004 8 U.S.C. 1155 Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  1156. Unused immigrant visas  If an immigrant having an immigrant visa is denied admission to the United States and removed, 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. ( June 27, 1952, ch. 477 66 Stat. 181 Pub. L. 89236,  6 Oct. 3, 1965 79 Stat. 916 Pub. L. 104208, div. C, title III,  308(d)(4)(D) Sept. 30, 1996 110 Stat. 3009618  Editorial Notes Amendments 1996 Pub. L. 104208 1965 Pub. L. 89236 section 1155 of this title Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  1157. Annual admission of refugees and admission of emergency situation refugees (a) Maximum number of admissions; increases for humanitarian concerns; allocations (1) Except as provided in subsection (b), 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)), 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), 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), 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), the Attorney General may, in the Attorney Generals 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) 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 (B) An unmarried alien who seeks to accompany, or follow to join, a parent granted admission as a refugee under this subsection, and who was under 21 years of age on the date on which such parent applied for refugee status under this section, shall continue to be classified as a child for purposes of this paragraph, if the alien attained 21 years of age after such application was filed but while it was pending. (3) The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title (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 (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) or with respect to the admission of refugees in response to an emergency refugee situation under subsection (b), 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), 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), 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. (f) Training (1) The Attorney General, in consultation with the Secretary of State, shall provide all United States officials adjudicating refugee cases under this section with the same training as that provided to officers adjudicating asylum cases under section 1158 of this title (2) Such training shall include country-specific conditions, instruction on the internationally recognized right to freedom of religion, instruction on methods of religious persecution practiced in foreign countries, and applicable distinctions within a country between the nature of and treatment of various religious practices and believers. ( June 27, 1952, ch. 477 Pub. L. 96212, title II,  201(b) Mar. 17, 1980 94 Stat. 103 Pub. L. 100525,  9(h) Oct. 24, 1988 102 Stat. 2620 Pub. L. 101649, title I,  104(b) Nov. 29, 1990 104 Stat. 4985 Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 Pub. L. 104208, div. C, title VI,  601(b) Sept. 30, 1996 110 Stat. 3009689 Pub. L. 105292, title VI,  602(a) Oct. 27, 1998 112 Stat. 2812 Pub. L. 107208,  5 Aug. 6, 2002 116 Stat. 929 Pub. L. 10913, div. B, title I,  101(g)(2) May 11, 2005 119 Stat. 305  Editorial Notes  References in Text This chapter, referred to in subsec. (c)(1), (2)(A), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Prior Provisions A prior section 1157, act June 27, 1952, ch. 477, title II 66 Stat. 181 Pub. L. 89236,  7 Oct. 3, 1965 79 Stat. 916 Amendments 2005Subsec. (a)(5). Pub. L. 10913 section 1158 of this title section 1101(a)(42) of this title 2002Subsec. (c)(2). Pub. L. 107208 1998Subsec. (f). Pub. L. 105292 1996Subsec. (a)(5). Pub. L. 104208 1991Subsec. (c)(3). Pub. L. 102232 1990Subsec. (a)(4). Pub. L. 101649,  104(b) Subsec. (c)(3). Pub. L. 101649,  603(a)(4) 1988Subsec. (c)(1). Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Pub. L. 10913, div. B, title I,  101(h)(5) May 11, 2005 119 Stat. 306 The amendments made by subsection (g) [amending this section and section 1159 of this title May 11, 2005 Effective Date of 2002 Amendment Amendment by Pub. L. 107208 Aug. 6, 2002 section 8 of Pub. L. 107208 section 1151 of this title Effective Date of 1991 Amendment Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 Pub. L. 101649 Effective Date of 1990 Amendment Amendment by section 104(b) of Pub. L. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 section 1101 of this title Amendment by section 603(a)(4) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date Section (with the exception of subsec. (c) which is effective Apr. 1, 1980 Mar. 17, 1980 Oct. 1, 1979 section 204 of Pub. L. 96212 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Iraq Refugee Crisis Pub. L. 110181, div. A, title XII Jan. 28, 2008 122 Stat. 395 Pub. L. 110242,  1 June 3, 2008 122 Stat. 1567 Pub. L. 11184, div. A, title VIII,  813(d) Oct. 28, 2009 123 Stat. 2407 Pub. L. 111118, div. A, title VIII,  8120(a) Dec. 19, 2009 123 Stat. 3457 Pub. L. 111383, div. A, title X,  1075(f)(9) Jan. 7, 2011 124 Stat. 4376 Pub. L. 11342,  1 Oct. 4, 2013 127 Stat. 552 Pub. L. 11366, div. A, title XII,  1218 Dec. 26, 2013 127 Stat. 910 Pub. L. 11731, title IV,  403(c) July 30, 2021 135 Stat. 319  SEC. 1241. SHORT TITLE. This subtitle may be cited as the Refugee Crisis in Iraq Act of 2007. SEC. 1242. PROCESSING MECHANISMS. (a)  In General The Secretary of State, in consultation with the Secretary of Homeland Security, shall establish or use existing refugee processing mechanisms in Iraq and in countries, where appropriate, in the region in which (1) aliens described in section 1243 may apply and interview for admission to the United States as refugees; and (2) aliens described in section 1244(b) may apply and interview for admission to United States as special immigrants. (b)  Suspension If such is determined necessary, the Secretary of State, in consultation with the Secretary of Homeland Security, may suspend in-country processing under subsection (a) for a period not to exceed 90 days. Such suspension may be extended by the Secretary of State upon notification to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate. The Secretary of State shall submit to such committees a report outlining the basis of any such suspension and any extensions thereof. (c)  Improved Application Process. (1)  In general Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [ Dec. 26, 2013 (2)  Construction Nothing in this section shall be construed to limit the ability of a Secretary referred to in paragraph (1) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time. (d)  Representation An alien applying for admission to the United States pursuant to this subtitle may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES. (a)  In General Refugees of special humanitarian concern eligible for Priority 2 processing under the refugee resettlement priority system who may apply directly to the United States Admission Program shall include (1) Iraqis who were or are employed by the United States Government, in Iraq; (2) Iraqis who establish to the satisfaction of the Secretary of State that they are or were employed in Iraq by (A) a media or nongovernmental organization headquartered in the United States; or (B) an organization or entity closely associated with the United States mission in Iraq that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; and (3) spouses, children, and parents whether or not accompanying or following to join, and sons, daughters, and siblings of aliens described in paragraph (1), paragraph (2), or section 1244(b)(1); and (4) Iraqis who are members of a religious or minority community, have been identified by the Secretary of State, or the designee of the Secretary, as a persecuted group, and have close family members (as described in section 201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) (b)  Identification of Other Persecuted Groups The Secretary of State, or the designee of the Secretary, is authorized to identify other Priority 2 groups of Iraqis, including vulnerable populations. (c)  Ineligible Organizations and Entities Organizations and entities described in subsection (a)(2) shall not include any that appear on the Department of the Treasurys list of Specially Designated Nationals or any entity specifically excluded by the Secretary of Homeland Security, after consultation with the Secretary of State and the heads of relevant elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) 50 U.S.C. 3003(4) (d)  Applicability of Other Requirements Aliens under this section who qualify for Priority 2 processing under the refugee resettlement priority system shall satisfy the requirements of section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (e)  Numerical Limitations In determining the number of Iraqi refugees who should be resettled in the United States under paragraphs (2), (3), and (4) of subsection (a) and subsection (b) of section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (f)  Eligibility for Admission as Refugee No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS. (a)  In General Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) (1) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) (2) is otherwise eligible to receive an immigrant visa; (3) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) (4) cleared a background check and appropriate screening, as determined by the Secretary of Homeland Security. (b)  Aliens Described. (1)  Principal aliens An alien is described in this subsection if the alien (A) is a citizen or national of Iraq; (B) was or is employed by or on behalf of the United States Government in Iraq, on or after March 20, 2003 (C) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to paragraph (4), from the employees senior supervisor or the person currently occupying that position, or a more senior person, if the employees senior supervisor has left the employer or has left Iraq; and (D) has experienced or is experiencing an ongoing serious threat as a consequence of the aliens employment by the United States Government. (2)  Spouses and children An alien is described in this subsection if the alien (A) is the spouse or child of a principal alien described in paragraph (1); and (B) is accompanying or following to join the principal alien in the United States. (3)  Treatment of surviving spouse or child. (A)  In general An alien is described in this subsection if the alien (i) was the spouse or child of a principal alien described in paragraph (1) who submitted an application to the Chief of Mission pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109163 8 U.S.C. 1101 (ii) due to the death of the principal alien (I) such petition was revoked or terminated (or otherwise rendered null); and (II) such petition would have been approved if the principal alien had survived. (B)  Employment requirements An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal aliens filing of an application for the first time, or if the principal alien did not file an application, the employment requirements as of the date of the principal aliens death. (4)  Approval by chief of mission required (A)  In general Except as provided under subparagraph (B), a recommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from the Chief of Mission, or the designee of the Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section. (B)  Review process for denial by chief of mission. (i)  In general An applicant who has been denied Chief of Mission approval required by subparagraph (A) shall (I) receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and (II) be provided not more than one written appeal (aa) that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing; and (bb) that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information. (ii)  Iraqi special immigrant visa coordinator The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, an Iraqi Special Immigrant Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given (I) sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed; (II) responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I); and (III) responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to clause (i)(II). (5)  Evidence of serious threat A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the aliens employment by the United States Government for purposes of paragraph (1)(D). (c)  Numerical Limitations. (1)  In general The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for fiscal years 2008 through 2012. (2)  Exclusion from numerical limitations Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) (3)  Carry forward. (A)  Fiscal years 2008 through 2011 If the numerical limitation specified in paragraph (1) is not reached during a given fiscal year referred to in such paragraph (with respect to fiscal years 2008 through 2011), the numerical limitation specified in such paragraph for the following fiscal year shall be increased by a number equal to the difference between (i) the numerical limitation specified in paragraph (1) for the given fiscal year; and (ii) the number of principal aliens provided special immigrant status under this section during the given fiscal year. (B)  Fiscal years 2012 and 2013 If the numerical limitation specified in paragraph (1) is not reached in fiscal year 2012, the total number of principal aliens who may be provided special immigrant status under this section for fiscal year 2013 shall be equal to the difference between (i) the numerical limitation specified in paragraph (1) for fiscal year 2012; and (ii) the number of principal aliens provided such status under this section during fiscal year 2012. (C)  Limitation on number of visas. (i)  In general The total number of principal aliens who may be provided special immigrant status under this section after January 1, 2014 (ii)  Employment period The 1-year period during which the principal alien is required to have been employed by or on behalf of the United States Government in Iraq under subsection (b)(1)(B) shall begin on or after March 20, 2003 September 30, 2013 (iii)  Application deadline The principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) not later than September 30, 2014 (d)  Visa and Passport Issuance and Fees Neither the Secretary of State nor the Secretary of Homeland Security may charge an alien described in subsection (b) any fee in connection with an application for, or issuance of, a special immigrant visa. The Secretary of State shall make a reasonable effort to ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Iraqi passport necessary to enter the United States. (e)  Protection of Aliens The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq, if possible, of such alien if the Secretary determines after consultation that such alien is in imminent danger. (f)  Eligibility for Admission Under Other Classification No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. (g)  Resettlement Support Iraqi aliens granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) 8 U.S.C. 1157 (h)  Rule of Construction Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 [ Pub. L. 109163 8 U.S.C. 1101 SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS. (a)  Designation in Iraq The Secretary of State shall designate in the embassy of the United States in Baghdad, Iraq, a Senior Coordinator for Iraqi Refugees and Internally Displaced Persons (referred to in this section as the Senior Coordinator). (b)  Responsibilities The Senior Coordinator shall be responsible for the oversight of processing for the resettlement in the United States of refugees of special humanitarian concern, special immigrant visa programs in Iraq, and the development and implementation of other appropriate policies and programs concerning Iraqi refugees and internally displaced persons. The Senior Coordinator shall have the authority to refer persons to the United States refugee resettlement program. (c)  Designation of Additional Senior Coordinators The Secretary of State shall designate in the embassies of the United States in Cairo, Egypt, Amman, Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior Coordinator to oversee resettlement in the United States of refugees of special humanitarian concern in those countries to ensure their applications to the United States refugee resettlement program are processed in an orderly manner and without delay. SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES. With respect to each country with a significant population of Iraqi refugees, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of State shall (1) as appropriate, consult with the appropriate government officials of such countries and other countries and the United Nations High Commissioner for Refugees regarding resettlement of the most vulnerable members of such refugee populations; and (2) as appropriate, except where otherwise prohibited by the laws of the United States, develop mechanisms in and provide assistance to countries with a significant population of Iraqi refugees to ensure the well-being and safety of such populations in their host environments. SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM. An alien who applied for asylum or withholding of removal and whose claim was denied on or after March 1, 2003 8 U.S.C. 1229a(c)(7) Jan. 28, 2008 (1) is a citizen or national of Iraq; and (2) has remained in the United States since the date of such denial. SEC. 1248. REPORTS. (a)  Secretary of Homeland Security Not later than 120 days after the date of the enactment of this Act [ Jan. 28, 2008 (1) expediting the processing of Iraqi refugees for resettlement, including through temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services; (2) increasing the number of personnel of the Department of Homeland Security devoted to refugee processing in Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon; (3) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status and of persons considered Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system, which enhancements shall support immigration security and provide for the orderly processing of such applications without delay; and (4) the projections of the Secretary, per country and per month, for the number of refugee interviews that will be conducted in fiscal year 2008 and fiscal year 2009. (b)  President Not later than 120 days after the date of the enactment of this Act [ Jan. 28, 2008 (1) an assessment of the financial, security, and personnel considerations and resources necessary to carry out the provisions of this subtitle; (2) the number of aliens described in section 1243(a)(1); (3) the number of such aliens who have applied for special immigrant visas; (4) the date of such applications; and (5) in the case of applications pending for longer than six months, the reasons that such visas have not been expeditiously processed. (c)  Report on Iraqi Citizens and Nationals Employed by the United States Government or Federal Contractors in Iraq. (1)  In general Not later than 120 days after the date of the enactment of this Act [ Jan. 28, 2008 (A) review internal records and databases of their respective agencies for information that can be used to verify employment of Iraqi nationals by the United States Government; and (B) request from each prime contractor or grantee that has performed work in Iraq since March 20, 2003 (2)  Information required To the extent data is available, the information referred to in paragraph (1) shall include the name and dates of employment of, biometric data for, and other data that can be used to verify the employment of each Iraqi citizen or national who has performed work in Iraq since March 20, 2003 (3)  Executive agency defined In this subsection, the term executive agency has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403(1) 41 U.S.C. 133 (d)  Report on Establishment of Database Not later than 120 days after the date of the enactment of this Act [ Jan. 28, 2008 March 20, 2003 (e)  Noncompliance Report Not later than 180 days after the date of the enactment of this Act [ Jan. 28, 2008 (1) the inability or unwillingness of any contractor or grantee to provide the information requested under subsection (c)(1)(B); and (2) the reasons for failing to provide such information. (f)  Report on Improvements. (1)  In general Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [ Dec. 26, 2013 (A) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and (B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. (2)  Contents The report submitted under paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), including information relating to (A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall (i) support immigration security; and (ii) provide for the orderly processing of such applications without significant delay; (B) the financial, security, and personnel considerations and resources necessary to carry out this subtitle; (C) the number of aliens who have applied for special immigrant visas under section 1244 during each month of the preceding fiscal year; (D) the reasons for the failure to process any applications that have been pending for longer than 9 months; (E) the total number of applications that are pending due to the failure (i) to receive approval from the Chief of Mission; (ii) of U.S. Citizenship and Immigration Services to complete the adjudication of the Form I360; (iii) to conduct a visa interview; or (iv) to issue the visa to an eligible alien; (F) the average wait times for an applicant at each of the stages described in subparagraph (E); (G) the number of denials or rejections at each of the stages described in subparagraph (E); and (H) the reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission. (g)  Public Quarterly Reports Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [ Dec. 26, 2013 (h)  Senior Coordinating Officials. (1)  Requirement to designate The Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall each designate a senior coordinating official, with sufficient expertise, authority, and resources, to carry out the duties described in paragraph (2), with regard to the issuance of special immigrant visas under this subtitle and the Afghan Allies Protection Act of 2009 [title VI of div. F of Pub. L. 1118 8 U.S.C. 1101 (2)  Duties Each senior coordinating official designated under paragraph (1) shall (A) develop proposals to improve the efficiency and effectiveness of the process for issuing special immigrant visas under this subtitle and the Afghan Allies Protection Act of 2009; (B) coordinate and monitor the implementation of such proposals; (C) include such proposals in the report required by subsection (f) and in each quarterly report required by subsection (g); and (D) implement appropriate actions as authorized by law to carry out the improvements described in the report required by subsection (f). (3)  Submission to congress Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [ Dec. 26, 2013 SEC. 1249. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this subtitle. [ Pub. L. 11731,  403(c)(4) section 1244(b)(3) of Pub. L. 110181 In general section 403(c)(1) of Pub. L. 11731 [ Pub. L. 110242,  1(1) section 1244(c)(1) of Pub. L. 110181 Bring Them Home Alive Program Pub. L. 106484 Nov. 9, 2000 114 Stat. 2195 Pub. L. 107258,  2 Oct. 29, 2002 116 Stat. 1738  SECTION 1. SHORT TITLE. This Act may be cited as the Bring Them Home Alive Act of 2000. SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM. (a)  Asylum for Eligible Aliens Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b)  Eligibility Refugee status shall be granted under subsection (a) to (1) any alien who (A) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (B) personally delivers into the custody of the United States Government a living American Vietnam War POW/MIA; and (2) any parent, spouse, or child of an alien described in paragraph (1). (c)  Definitions In this section: (1)  American vietnam war pow/mia. (A)  In general Except as provided in subparagraph (B), the term American Vietnam War POW/MIA means an individual (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37 (ii) who is an employee (as defined in section 5561(2) of title 5 (B)  Exclusion Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37 (2)  Missing status The term missing status, with respect to the Vietnam War, means the status of an individual as a result of the Vietnam War if immediately before that status began the individual (A) was performing service in Vietnam; or (B) was performing service in Southeast Asia in direct support of military operations in Vietnam. (3)  Vietnam war The term Vietnam War means the conflict in Southeast Asia during the period that began on February 28, 1961 May 7, 1975 SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM. (a)  Asylum for Eligible Aliens Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b)  Eligibility Refugee status shall be granted under subsection (a) to (1) any alien (A) who is a national of North Korea, China, or any of the independent states of the former Soviet Union; and (B) who personally delivers into the custody of the United States Government a living American Korean War POW/MIA; and (2) any parent, spouse, or child of an alien described in paragraph (1). (c)  Definitions In this section: (1)  American korean war pow/mia. (A)  In general Except as provided in subparagraph (B), the term American Korean War POW/MIA means an individual (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37 (ii) who is an employee (as defined in section 5561(2) of title 5 (B)  Exclusion Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37 (2)  Korean war The term Korean War means the conflict on the Korean peninsula during the period that began on June 27, 1950 January 31, 1955 (3)  Missing status The term missing status, with respect to the Korean War, means the status of an individual as a result of the Korean War if immediately before that status began the individual (A) was performing service in the Korean peninsula; or (B) was performing service in Asia in direct support of military operations in the Korean peninsula. SEC. 3A. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM. (a)  Asylum for Eligible Aliens Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b)  Eligibility. (1)  In general Except as provided in paragraph (2), an alien described in this subsection is (A) any alien who (i) is a national of Iraq or a nation of the Greater Middle East Region (as determined by the Attorney General in consultation with the Secretary of State); and (ii) personally delivers into the custody of the United States Government a living American Persian Gulf War POW/MIA; and (B) any parent, spouse, or child of an alien described in subparagraph (A). (2)  Exceptions An alien described in this subsection does not include a terrorist, a persecutor, a person who has been convicted of a serious criminal offense, or a person who presents a danger to the security of the United States, as set forth in clauses (i) through (v) of section 208(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A) (c)  Definitions In this section: (1)  American persian gulf war pow/mia. (A)  In general Except as provided in subparagraph (B), the term American Persian Gulf War POW/MIA means an individual (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37 (ii) who is an employee (as defined in section 5561(2) of title 5 (B)  Exclusion Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37 (2)  Missing status The term missing status, with respect to the Persian Gulf War, or any successor conflict, operation, or action, means the status of an individual as a result of the Persian Gulf War, or such conflict, operation, or action, if immediately before that status began the individual (A) was performing service in Kuwait, Iraq, or another nation of the Greater Middle East Region; or (B) was performing service in the Greater Middle East Region in direct support of military operations in Kuwait or Iraq. (3)  Persian gulf war The term Persian Gulf War means the period beginning on August 2, 1990 SEC. 4. BROADCASTING INFORMATION ON THE BRING THEM HOME ALIVE PROGRAM. (a) Requirement. (1) In general (2) Covered countries (A) Vietnam, Cambodia, Laos, China, and North Korea; (B) Russia and the other independent states of the former Soviet Union; and (C) Iraq, Kuwait, or any other country of the Greater Middle East Region (as determined by the International Broadcasting Bureau in consultation with the Attorney General and the Secretary of State). (b) Level of Programming (1) at least 20 hours of the programming described in subsection (a)(1) during the 30-day period that begins 15 days after the date of enactment of this Act [ Nov. 9, 2000 (2) at least 10 hours of the programming described in subsection (a)(1) in each calendar quarter during the period beginning with the first calendar quarter that begins after the date of enactment of this Act and ending five years after the date of enactment of this Act. (c) Availability of Information on the Internet (d) Sense of Congress (e) Definition Public Law 105277 section 6531 of Title 22 SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term independent states of the former Soviet Union has the meaning given the term in section 3 of the FREEDOM Support Act ( 22 U.S.C. 5801 Gender-Related Persecution Task Force Pub. L. 106113, div. B,  1000(a)(7) [div. A, title II,  254] Nov. 29, 1999 113 Stat. 1536  (a)  Establishment of Task Force The Secretary of State, in consultation with the Attorney General and other appropriate Federal agencies, shall establish a task force with the goal of determining eligibility guidelines for women seeking refugee status overseas due to gender-related persecution. (b)  Report Not later than 1 year after the date of the enactment of this Act [ Nov. 29, 1999 Establishing Categories of Aliens for Purposes of Refugee Determinations Pub. L. 101167, title V,  599D Nov. 21, 1989 103 Stat. 1261 Pub. L. 101513, title V,  598(a) Nov. 5, 1990 104 Stat. 2063 Pub. L. 102391, title V,  582(a)(1) Oct. 6, 1992 106 Stat. 1686 Pub. L. 102511, title IX,  905(a) Oct. 24, 1992 106 Stat. 3356 Pub. L. 103236, title V,  512(1) Apr. 30, 1994 108 Stat. 466 Pub. L. 104208, div. A, title I,  101(c) [title V,  575(1)] Sept. 30, 1996 110 Stat. 3009121 Pub. L. 104319, title I,  101(1) Oct. 19, 1996 110 Stat. 3865 Pub. L. 105118, title V,  574(1) Nov. 26, 1997 111 Stat. 2432 Pub. L. 105277, div. A,  101(f) [title VII,  705(1)] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 106113, div. B,  1000(a)(4) [title II,  214(1)] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106554,  1(a)(1) [title II,  212(1)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 107116, title II,  213(1) Jan. 10, 2002 115 Stat. 2200 Pub. L. 1087, div. G, title II,  213(1) Feb. 20, 2003 117 Stat. 324 Pub. L. 108199, div. E, title II,  213(1) Jan. 23, 2004 118 Stat. 253 Pub. L. 108447, div. F, title II,  213(1) Dec. 8, 2004 118 Stat. 3139 Pub. L. 109102, title V,  534(m)(1) Nov. 14, 2005 119 Stat. 2211 Pub. L. 109289, div. B, title II,  20412(b)(1) Pub. L. 1105,  2 Feb. 15, 2007 121 Stat. 25 Pub. L. 110161, div. J, title VI,  634(k)(1) Dec. 26, 2007 121 Stat. 2329 Pub. L. 1118, div. H, title VII,  7034(g)(1) Mar. 11, 2009 123 Stat. 878 Pub. L. 111117, div. F, title VII,  7034(f)(1) Dec. 16, 2009 123 Stat. 3361 Pub. L. 11210, div. B, title XI,  2121(m)(1) Apr. 15, 2011 125 Stat. 186 Pub. L. 11274, div. I, title VII,  7034(r)(1) Dec. 23, 2011 125 Stat. 1218 Pub. L. 1136, div. F, title VII,  1706(h)(1) Mar. 26, 2013 127 Stat. 430 Pub. L. 11376, div. K, title VII,  7034(m)(8)(A) Jan. 17, 2014 128 Stat. 516 Pub. L. 113235, div. J, title VII,  7034 l Dec. 16, 2014 128 Stat. 2625 Pub. L. 114113, div. K, title VII,  7034(k)(8)(A) Dec. 18, 2015 129 Stat. 2765 Pub. L. 11531, div. J, title VII,  7034(k)(5)(A) May 5, 2017 131 Stat. 651 Pub. L. 115141, div. K, title VII,  7034 l Mar. 23, 2018 132 Stat. 895 Pub. L. 1166, div. F, title VII,  7034(m)(5)(A) Feb. 15, 2019 133 Stat. 327 Pub. L. 11694, div. G, title VII,  7034 l Dec. 20, 2019 133 Stat. 2873 Pub. L. 116260, div. K, title VII,  7034 l Dec. 27, 2020 134 Stat. 1750 Pub. L. 117103, div. K, title VII,  7034 l Mar. 15, 2022 136 Stat. 623 Pub. L. 117328, div. K, title VII,  7034 l Dec. 29, 2022 136 Stat. 5033  (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 (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 an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania and who share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion,[;] (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; and (C) one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as members of a religious minority in Iran, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion. (2) (A) Aliens who are (or were) nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania 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 an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania 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) (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 Nov. 21, 1989 (e)  Period of Application. (1) Subsections (a) and (b) shall take effect on the date of the enactment of this Act [ Nov. 21, 1989 October 1, 2023 (2) Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 2023 (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, 2023 [ Pub. L. 109102,  534(m)(1)(A) section 599D(b)(3) of Pub. L. 101167 [ Pub. L. 108447,  213(1)(A) section 599D(b)(3) of Pub. L. 101167 [ Pub. L. 108199,  213(1)(A) section 599D(b)(3) of Pub. L. 101167 [ Pub. L. 1087,  213(1)(A) section 599D(b)(3) of Pub. L. 101167 [Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22 section 161(d) of Pub. L. 103236 section 2651a of Title 22 El Salvadoran Refugees Pub. L. 97113, title VII,  731 Dec. 29, 1981 95 Stat. 1557 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 Salvador in making decisions on such petitions. Time for Determinations by President for Fiscal Year 1980 Pub. L. 96212, title II,  204(d)(1) Mar. 17, 1980 94 Stat. 109 Notwithstanding section 207(a) of the Immigration and Nationality Act (as added by section 201(b) of this title Mar. 17, 1980 Executive Documents  Delegation of Functions For delegation of Congressional reporting functions of President under subsec. (d) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003 section 301 of Title 3  Ex. Ord. No. 12208. Consultations on the Admission of Refugees Ex. Ord. No. 12208, Apr. 15, 1980 Sept. 9, 1987 Feb. 28, 2003 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. 96212 8 U.S.C. 1101 8 U.S.C. 1101 Section 301 of Title 3 1101. Exclusive of the functions otherwise delegated, or reserved to the President, by this Order, there are hereby delegated to the Secretary of State and the Secretary of Homeland Security, 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) 1102. There are reserved to the President the following functions under the Immigration and Nationality Act, as amended [ 8 U.S.C. 1101 (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) (c) To fix the number of refugees to be admitted under Section 207(b). 1103. 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.  Ex. Ord. No. 14013. Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration Ex. Ord. No. 14013, Feb. 4, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act, 8 U.S.C. 1101 et seq Section Policy (a) USRAP and other humanitarian programs shall be administered in a manner that furthers our values as a Nation and is consistent with our domestic law, international obligations, and the humanitarian purposes expressed by the Congress in enacting the Refugee Act of 1980, Public Law 96212 (b) USRAP should be rebuilt and expanded, commensurate with global need and the purposes described above. (c) Delays in administering USRAP and other humanitarian programs are counter to our national interests, can raise grave humanitarian concerns, and should be minimized. (d) Security vetting for USRAP applicants and applicants for other humanitarian programs should be improved to be more efficient, meaningful, and fair, and should be complemented by sound methods of fraud detection to ensure program integrity and protect national security. (e) Although access to United States humanitarian programs is generally discretionary, the individuals applying for immigration benefits under these programs must be treated with dignity and respect, without improper discrimination on the basis of race, religion, national origin, or other grounds, and should be afforded procedural safeguards. (f) United States humanitarian programs should be administered in a manner that ensures transparency and accountability and reflects the principle that reunifying families is in the national interest. (g) My Administration shall seek opportunities to enhance access to the refugee program for people who are more vulnerable to persecution, including women, children, and other individuals who are at risk of persecution related to their gender, gender expression, or sexual orientation. (h) Executive departments and agencies (agencies) should explore the use of all available authorities for humanitarian protection to assist individuals for whom USRAP is unavailable. (i) To meet the challenges of restoring and expanding USRAP, the United States must innovate, including by effectively employing technology and capitalizing on community and private sponsorship of refugees, while continuing to partner with resettlement agencies for reception and placement. (j) The Special Immigrant Visa (SIV) programs for Iraqi and Afghan allies provide humanitarian protection to nationals of Iraq and Afghanistan experiencing an ongoing, serious threat because they provided faithful and valuable service to the United States, including its troops serving in those countries. The Federal Government should ensure that these important programs are administered without undue delay. Sec. Revocation, Rescission, and Reporting October 24, 2017 8 U.S.C. 1182 September 26, 2019 8 U.S.C. 1522 (b) The Presidential Memorandum of March 6, 2017 8 U.S.C. 1182 (c) Within 90 days of the date of this order [ Feb. 4, 2021 Sec. Special Immigrant Visas for Iraqi and Afghan Allies (i) an assessment of agency compliance with existing law governing the SIV programs, including program eligibility requirements and procedures for administrative review; (ii) an assessment of whether there are undue delays in meeting statutory benchmarks for timely adjudication of applications, including due to insufficient staffing levels; (iii) a plan to provide training, guidance, and oversight with respect to the National Visa Centers processing of SIV applications; (iv) a plan to track the progress of the Senior Coordinators as provided under section 1245 of the Refugee Crisis in Iraq Act of 2007 (RCIA), subtitle C of title XII of Public Law 110181 Public Law 1118 8 U.S.C. 1101 (v) an assessment of whether adequate guidelines exist for reconsidering or reopening applications in appropriate circumstances and consistent with applicable law. (b) The Secretary of State, in consultation with the Secretary of Defense, shall also direct a review of the procedures for Chief of Mission approval of applications with the aim of, as appropriate and consistent with applicable law: (i) ensuring existing procedures and guidance are sufficient to permit prospective applicants a fair opportunity to apply and demonstrate eligibility; (ii) issuing guidance that would address situations where an applicants employer is unable or unwilling to provide verification of the applicants faithful and valuable service, and provide for alternative forms of verification; (iii) revising requirements to facilitate the ability of applicants to demonstrate the existence of a qualifying contract with the United States Government and require that the supervisor verifying the applicants faithful and valuable service be a United States citizen or national; (iv) ensuring that applicants are not prejudiced by delays in verifying their employment; and (v) implementing anti-fraud measures to ensure program integrity. (c) Within 180 days of the date of this order, the Secretary of State shall submit to the President the results of the review described in subsection (b) of this section. (d) Within 180 days of the date of this order, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall conduct a review and submit a report to the President identifying whether additional populations not currently provided for under section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109163 8 U.S.C. 1101 (e) Within 180 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall ensure that appropriate policies and procedures related to the SIV programs are publicly available on their respective agencys websites, and that any revisions to such policies and procedures in the future are made publicly available on those websites within 30 days of issuance. Sec. Steps to Improve the Efficacy, Integrity, Security, and Transparency of USRAP (i) The APNSA shall designate a National Security Council Senior Director to be responsible for coordinating the agencies and vetting partners involved in USRAP. (ii) The Secretary of State shall designate a senior-level employee to have primary responsibility for overseeing refugee application processing, consistent with applicable law. (iii) The Secretary of Homeland Security shall designate a senior-level employee to have primary responsibility for coordinating the review and any revision of policies and procedures regarding the vetting and adjudication of USRAP refugee applicants, including follow-to-join refugee applicants and post-decisional processing, consistent with applicable law. (iv) The Director of the Office of Management and Budget shall assign a team of technology, process, and data experts from the United States Digital Service to assist agencies in streamlining application processing, improving the automation and effectiveness of security vetting and fraud detection, and strengthening data-driven decision-making. (b) Within 30 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall provide the President a report on the fraud detection measures in place for USRAP. The report shall also include a plan to enhance fraud detection within components at both agencies and recommendations for the development of new anti-fraud programs, as appropriate and consistent with applicable law. (c) The Secretary of Homeland Security, in consultation with the Secretary of State, shall promptly consider taking all appropriate actions, consistent with applicable law, to expand refugee vetting and adjudication capacity, including by: (i) developing more efficient processes to capture and share refugee applicant biometric data; and (ii) permitting the use of video and audio teleconferencing to conduct refugee interviews and establishing the necessary infrastructure to do so. (d) To increase refugee adjudication capacity, the Office of Personnel Management shall, consistent with applicable law, support the use of all hiring authorities, including expanded use of direct hiring authority, for positions associated with the adjudication of refugee applications. (e) Within 30 days of the date of this order, the heads of all agencies involved in the Security Advisory Opinion process and other inter-agency vetting processes for refugee applicants, including follow-to-join refugee applicants, shall submit data to the National Vetting Governance Board on the number of staff performing refugee security vetting, the thresholds for checks, and the rates at which checks have returned an objection. Such data shall be disaggregated by age range, gender, and nationality of the refugee applicant. The National Vetting Governance Board shall meet to consider if and how agency processes and staffing levels should change to improve security reviews and make refugee arrivals more efficient, and shall share any conclusions and recommendations with the heads of relevant agencies, including the Director of the Office of Management and Budget, in order to inform potential resourcing strategies where necessary. (f) Within 60 days of the date of this order, agencies responsible for the Security Advisory Opinion process shall meet to consider proposals from member agencies to adjust the list of countries and other criteria that require a Security Advisory Opinion for a refugee case. (g) The Secretary of Homeland Security, in consultation with the Secretary of State, shall consider whether to promulgate regulations and any other policies, including internal oversight mechanisms, to ensure the quality, integrity, efficiency, and fairness of the adjudication process for USRAP applicants, while also taking due account of the challenges facing refugee applicants. The Secretary of Homeland Security, in consultation with the Secretary of State, should consider adopting regulations or policies, as appropriate and consistent with applicable law, that: (i) develop mechanisms to synthesize reliable, detailed, and current country conditions that may be relied upon, where appropriate, to make specific factual and legal determinations necessary for the adjudication of refugee applications from individuals or from individuals within a designated group of applicants; (ii) ensure that refugee applicants have timely access to their own application records; (iii) permit refugee applicants to have a representative at their interview at no cost to the United States Government; and (iv) ensure, when refugee applications are denied for non-security or non-fraud-based reasons, an applicant is given a short explanation describing the basis for the denial, so that the applicant has a meaningful opportunity to present additional evidence and to request a review of the decision. (h) The Secretary of State and the Secretary of Homeland Security shall provide the President, through the APNSA, a report describing any action taken pursuant to subsection (g) of this section within 180 days of the date such action is taken. (i) The Secretary of Homeland Security shall ensure that adjudicators are trained in the standards governing refugee claims of women, children, and other individuals who are more vulnerable to persecution due to their age, gender, gender expression, or sexual orientation. (j) The Secretary of State and the Secretary of Homeland Security shall consider taking actions, as appropriate and consistent with applicable law, to recognize as spouses for purposes of derivative status through USRAP individuals who are in committed life partnerships but who are unable to marry or to register their marriage due to restrictions in the law or practices of their country of origin, including for individuals in same-sex, interfaith, or camp-based marriages. The Secretary of State and the Secretary of Homeland Security shall provide the President a report, through the APNSA, describing any action taken pursuant to this subsection within 180 days of the date such action is taken. (k) Within 120 days of the date of this order, the Secretary of State and the Secretary of Health and Human Services shall, as appropriate and consistent with applicable law, deliver a plan to the President, through the APNSA, to enhance the capacity of USRAP to welcome refugees by expanding the use of community sponsorship and co-sponsorship models by refugee resettlement agencies, and by entering into new public-private partnerships. (l) The Secretary of State, in consultation with the Secretary of Homeland Security, shall consider ways to expand mechanisms under which non-governmental organizations with direct access to and knowledge of refugees abroad in camps or other settings could identify and directly refer to USRAP particularly vulnerable individuals who have a strong possibility of qualifying for admission to the United States as refugees. (m) Within 180 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall take all appropriate steps, taking into account necessary safeguards for program integrity, to ensure that the current policies and procedures related to USRAP are publicly available on their respective websites, and that any new or revised policies and procedures are made publicly available on their websites within 30 days of their adoption. (n) Within 180 days of the date of this order, the Secretary of State, in consultation with the Secretary of Homeland Security, and as appropriate and consistent with applicable law, shall develop options for improving USRAP applicants ability to access relevant material from their case files on an expedited basis to inform timely appeals from adverse decisions. Sec. Improving Performance (b) The plan and review described in subsection (a) of this section shall also: (i) examine whether existing vetting processes, including the Security Advisory Opinion process, can be improved to increase efficiency and provide more effective security reviews; and (ii) seek to bring national average processing times within the period described in 8 U.S.C. 1571(b) (c) Within 120 days of the date of this order, the Secretary of State, in consultation with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall submit to the President the plan described in subsection (a) of this section, including the Secretarys recommendations for process improvements. Sec. Climate Change and Migration Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  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. 202225, Sept. 27, 2022 Presidential Determination No. 202202, Oct. 8, 2021 Presidential Determination No. 202106, May 3, 2021 Presidential Determination No. 202105, Apr. 16, 2021 Presidential Determination No. 202102, Oct. 27, 2020 Apr. 16, 2021 Presidential Determination No. 202004, Nov. 1, 2019 Presidential Determination No. 201901, Oct. 4, 2018 Presidential Determination No. 201713, Sept. 29, 2017 Presidential Determination No. 201613, Sept. 28, 2016 Presidential Determination No. 201514, Sept. 29, 2015 Presidential Determination No. 201417, Sept. 30, 2014 Presidential Determination No. 201401, Oct. 2, 2013 Presidential Determination No. 201217, Sept. 28, 2012 Presidential Determination No. 201117, Sept. 30, 2011 Presidential Determination No. 201102, Oct. 8, 2010 Presidential Determination No. 200932, Sept. 30, 2009 Presidential Determination No. 200829, Sept. 30, 2008 Presidential Determination No. 20081, Oct. 2, 2007 Presidential Determination No. 20071, Oct. 11, 2006 Presidential Determination No. 20063, Oct. 24, 2005 Presidential Determination No. 200453, Sept. 30, 2004 Presidential Determination No. 200406, Oct. 21, 2003 Presidential Determination No. 0302, Oct. 16, 2002 Presidential Determination No. 0204, Nov. 21, 2001 Presidential Determination No. 200032, Sept. 29, 2000 Presidential Determination No. 9945, Sept. 30, 1999 Presidential Determination No. 9933, Aug. 12, 1999 Presidential Determination No. 9839, Sept. 30, 1998 Presidential Determination No. 9737, Sept. 30, 1997 Presidential Determination No. 9659, Sept. 30, 1996 Presidential Determination No. 9548, Sept. 29, 1995 Presidential Determination No. 951, Oct. 1, 1994 Presidential Determination No. 941, Oct. 1, 1993 Presidential Determination No. 931, Oct. 2, 1992 Presidential Determination No. 922, Oct. 9, 1991 Presidential Determination No. 913, Oct. 12, 1990 Presidential Determination No. 902, Oct. 6, 1989 Presidential Determination No. 8915, June 19, 1989 Presidential Determination No. 892, Oct. 5, 1988 Presidential Determination No. 8816, May 20, 1988 Presidential Determination No. 8801, Oct. 5, 1987 Presidential Determination No. 871, Oct. 17, 1986 Presidential Determination No. 832, Oct. 11, 1982 Presidential Determination No. 821, Oct. 10, 1981 Presidential Determination No. 8028, Sept. 30, 1980  Ex. Ord. No. 12208. Consultations on the Admission of Refugees  1158. Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such aliens status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title (2) Exceptions (A) Safe third country Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the aliens nationality or, in the case of an alien having no nationality, the country of the aliens last habitual residence) in which the aliens life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States. (B) Time limit Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the aliens arrival in the United States. (C) Previous asylum applications Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for asylum and had such application denied. (D) Changed circumstances An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicants eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B). (E) Applicability Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child (as defined in section 279(g) of title 6 (3) Limitation on judicial review No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2). (b) Conditions for granting asylum (1) In general (A) Eligibility The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of this title (B) Burden of proof (i) In general The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 1101(a)(42)(A) of this title (ii) Sustaining burden The testimony of the applicant may be sufficient to sustain the applicants burden without corroboration, but only if the applicant satisfies the trier of fact that the applicants testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicants burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence. (iii) Credibility determination Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicants or witnesss account, the consistency between the applicants or witnesss written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicants claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal. (2) Exceptions (A) In general Paragraph (1) shall not apply to an alien if the Attorney General determines that (i) the alien 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; (ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States; (iii) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States; (v) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182(a)(3)(B)(i) of this title section 1227(a)(4)(B) of this title section 1182(a)(3)(B)(i) of this title (vi) the alien was firmly resettled in another country prior to arriving in the United States. (B) Special rules (i) Conviction of aggravated felony For purposes of clause (ii) of subparagraph (A), an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime. (ii) Offenses The Attorney General may designate by regulation offenses that will be considered to be a crime described in clause (ii) or (iii) of subparagraph (A). (C) Additional limitations The Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1). (D) No judicial review There shall be no judicial review of a determination of the Attorney General under subparagraph (A)(v). (3) Treatment of spouse and children (A) In general 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 this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien. (B) Continued classification of certain aliens as children An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 1159(b)(3) of this title (C) Initial jurisdiction An asylum officer (as defined in section 1225(b)(1)(E) of this title section 279(g) of title 6 section 1225(b) of this title (c) Asylum status (1) In general In the case of an alien granted asylum under subsection (b), the Attorney General (A) shall not remove or return the alien to the aliens country of nationality or, in the case of a person having no nationality, the country of the aliens last habitual residence; (B) shall authorize the alien to engage in employment in the United States and provide the alien with appropriate endorsement of that authorization; and (C) may allow the alien to travel abroad with the prior consent of the Attorney General. (2) Termination of asylum Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that (A) the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances; (B) the alien meets a condition described in subsection (b)(2); (C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the aliens nationality or, in the case of an alien having no nationality, the country of the aliens last habitual residence) in which the aliens life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection; (D) the alien has voluntarily availed himself or herself of the protection of the aliens country of nationality or, in the case of an alien having no nationality, the aliens country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or (E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality. (3) Removal when asylum is terminated An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section 1 1 (d) Asylum procedure (1) Applications The Attorney General shall establish a procedure for the consideration of asylum applications filed under subsection (a). The Attorney General may require applicants to submit fingerprints and a photograph at such time and in such manner to be determined by regulation by the Attorney General. (2) Employment An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum. (3) Fees The Attorney General may impose fees for the consideration of an application for asylum, for employment authorization under this section, and for adjustment of status under section 1159(b) of this title section 1356(m) of this title (4) Notice of privilege of counsel and consequences of frivolous application At the time of filing an application for asylum, the Attorney General shall (A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and (B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis. (5) Consideration of asylum applications (A) Procedures The procedure established under paragraph (1) shall provide that (i) asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for or be granted asylum; (ii) in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed; (iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed; (iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 1229a of this title (v) in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, including a hearing under section 1229a of this title (B) Additional regulatory conditions The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application for asylum not inconsistent with this chapter. (6) Frivolous applications If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of a final determination on such application. (7) No private right of action Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Commonwealth of the Northern Mariana Islands The provisions of this section and section 1159(b) of this title January 1, 2014 ( June 27, 1952, ch. 477 Pub. L. 96212, title II,  201(b) Mar. 17, 1980 94 Stat. 105 Pub. L. 101649, title V,  515(a)(1) Nov. 29, 1990 104 Stat. 5053 Pub. L. 103322, title XIII,  130005(b) Sept. 13, 1994 108 Stat. 2028 Pub. L. 104132, title IV,  421(a) Apr. 24, 1996 110 Stat. 1270 Pub. L. 104208, div. C, title VI,  604(a) Sept. 30, 1996 110 Stat. 3009690 Pub. L. 10756, title IV,  411(b)(2) Oct. 26, 2001 115 Stat. 348 Pub. L. 107208,  4 Aug. 6, 2002 116 Stat. 928 Pub. L. 10913, div. B, title I,  101(a) May 11, 2005 119 Stat. 302 Pub. L. 110229, title VII,  702(j)(4) May 8, 2008 122 Stat. 866 Pub. L. 110457, title II,  235(d)(7) Dec. 23, 2008 122 Stat. 5080  Editorial Notes  References in Text This chapter, referred to in subsec. (d)(5)(B), (6), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2008Subsec. (a)(2)(E). Pub. L. 110457,  235(d)(7)(A) Subsec. (b)(3)(C). Pub. L. 110457,  235(d)(7)(B) Subsec. (e). Pub. L. 110229 2005Subsec. (b)(1). Pub. L. 10913,  101(a)(1) Subsec. (b)(1)(B). Pub. L. 10913,  101(a)(3) Subsec. (b)(2)(A)(v). Pub. L. 10913,  101(b) 2002Subsec. (b)(3). Pub. L. 107208 2001Subsec. (b)(2)(A)(v). Pub. L. 10756 1996 Pub. L. 104208 Subsec. (a). Pub. L. 104132,  421(a) section 1182(a)(3)(B)(i) of this title section 1251(a)(4)(B) of this title 1994Subsec. (e). Pub. L. 103322 1990Subsec. (d). Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110229 section 1806 of Title 48 section 705(b) of Pub. L. 110229 section 1806 of Title 48 Effective Date of 2005 Amendment Pub. L. 10913, div. B, title I,  101(h)(1) May 11, 2005 119 Stat. 305  (1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect as if enacted on March 1, 2003 (2) The amendments made by subsections (a)(3), (b), (c), and (d) [amending this section and sections 1229a and 1231 of this title] shall take effect on the date of the enactment of this division [ May 11, 2005 Effective Date of 2002 Amendment Amendment by Pub. L. 107208 Aug. 6, 2002 section 8 of Pub. L. 107208 section 1151 of this title Effective Date of 2001 Amendment Amendment by Pub. L. 10756 Oct. 26, 2001 Oct. 26, 2001 section 411(c) of Pub. L. 10756 section 1182 of this title Effective Date of 1996 Amendments Pub. L. 104208, div. C, title VI,  604(c) Sept. 30, 1996 110 Stat. 3009694  The amendment made by subsection (a) [amending this section] shall apply to applications for asylum filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104132, title IV,  421(b) Apr. 24, 1996 110 Stat. 1270 Apr. 24, 1996 Effective Date of 1990 Amendment Pub. L. 101649, title V,  515(b) Nov. 29, 1990 104 Stat. 5053 Pub. L. 102232, title III,  306(a)(13) Dec. 12, 1991 105 Stat. 1752  (1) The amendment made by subsection (a)(1) [amending this section] shall apply to convictions entered before, on, or after the date of the enactment of this Act [ Nov. 29, 1990 (2) The amendment made by subsection (a)(2) [amending section 1253 of this title Nov. 29, 1990 Effective Date Section effective Mar. 17, 1980 Oct. 1, 1979 section 204 of Pub. L. 96212 section 1101 of this title Regulations Pub. L. 110340,  2(d) Oct. 3, 2008 122 Stat. 3736  (1)  Issuance of regulations Not later than 60 days after the date of enactment of this Act [ Oct. 3, 2008 8 U.S.C. 1231(b)(3)(B)(iii) 8 U.S.C. 1158(b)(2)(A)(iii) 8 U.S.C. 1227(a)(4)(F) 8 U.S.C. 1182(a)(3)(G) (2)  Authority to waive certain regulatory requirements The requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act), chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement paragraph (1) to the extent the Attorney General or the Secretary Homeland of [sic] Security determines that compliance with any such requirement would impede the expeditious implementation of such paragraph.  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Expeditious Removal for Denied Asylum Applicants Pub. L. 103322, title XIII,  130005 Sept. 13, 1994 108 Stat. 2028 Pub. L. 104208, div. C, title III,  308(e)(1)(P) Sept. 30, 1996 110 Stat. 3009620  (a)  In General The Attorney General may provide for the expeditious adjudication of asylum claims and the expeditious removal of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant status. (b)  Employment Authorization  [Amended this section.] (c)  Authorization of Appropriations There are authorized to be appropriated to carry out this section (1) $64,000,000 for fiscal year 1995; (2) $90,000,000 for fiscal year 1996; (3) $93,000,000 for fiscal year 1997; and (4) $91,000,000 for fiscal year 1998. Time for Establishment of Asylum Procedure by Attorney General Pub. L. 96212, title II,  204(d)(2) Mar. 17, 1980 94 Stat. 109 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 June 1, 1980  1159. Adjustment of status of refugees (a) Inspection and examination by Department of Homeland Security (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 Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or 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 Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 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 an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of the aliens 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 aliens arrival into the United States. (b) Requirements for adjustment The Secretary of Homeland Security or the Attorney General, in the Secretarys or the Attorney Generals discretion and under such regulations as the Secretary or the Attorney General may prescribe, may 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 (4) is not firmly resettled in any foreign country, and (5) is admissible (except as otherwise provided under subsection (c)) 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 Secretary of Homeland Security or the Attorney General shall establish a record of the aliens admission for lawful permanent residence as of the date one year before the date of the approval of the application. (c) Coordination with section 1182 The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title ( June 27, 1952, ch. 477 Pub. L. 96212, title II,  201(b) Mar. 17, 1980 94 Stat. 105 Pub. L. 101649, title I,  104(a)(1) Nov. 29, 1990 104 Stat. 4985 Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009622 Pub. L. 10913, div. B, title I,  101(g)(1) May 11, 2005 119 Stat. 305  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(2) and (b)(5), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2005Subsec. (a)(1). Pub. L. 10913,  101(g)(1)(A)(i) Subsec. (a)(1)(A). Pub. L. 10913,  101(g)(1)(A)(ii) Subsec. (b). Pub. L. 10913,  101(g)(1)(B)(ii) Pub. L. 10913,  101(g)(1)(B)(i) section 1157(a) of this title Subsec. (c). Pub. L. 10913,  101(g)(1)(C) 1996Subsec. (a)(1). Pub. L. 104208,  308(g)(3)(A) Subsec. (a)(2). Pub. L. 104208,  371(b)(2) 1991Subsec. (c). Pub. L. 102232 1990Subsec. (b). Pub. L. 101649,  104(a)(1) Subsec. (c). Pub. L. 101649,  603(a)(4) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(g)(3)(A), (4)(A) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 371(b)(2) of Pub. L. 104208 Sept. 30, 1996 section 371(d)(1) of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l Pub. L. 101649 Effective Date of 1990 Amendment Pub. L. 101649, title I,  104(a)(2) Nov. 29, 1990 104 Stat. 4985 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 Amendment by section 603(a)(4) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date Section effective, except as otherwise provided, Mar. 17, 1980 Oct. 1, 1979 section 204 of Pub. L. 96212 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Waiver of Numerical Limitation for Certain Current Asylees; Adjustment of Certain Former Asylees Pub. L. 101649, title I,  104(c) Nov. 29, 1990 104 Stat. 4985 Pub. L. 104208, div. C, title VI,  604(b)(2) Sept. 30, 1996 110 Stat. 3009694  (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) 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) (A) who was granted asylum before the date of the enactment of this Act [ Nov. 29, 1990 8 U.S.C. 1158 (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) [Section 104(c), (d) of Pub. L. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 section 1101 of this title  1160. Special agricultural workers (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 (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). (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 (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 (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), 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 (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) 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 aliens 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 89732 8 U.S.C. 1255 Public Law 95145 8 U.S.C. 1255 (3) Proof of eligibility (A) In general An alien may establish that he meets the requirement of subsection (a)(1)(B)(ii) 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) 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)). (ii) If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the aliens 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) 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 aliens 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, except as allowed by a court order issued pursuant to paragraph (6) of this subsection. (6) Confidentiality of information (A) In general Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may (i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application, including a determination under subsection (a)(3)(B), or for enforcement of paragraph (7); (ii) make any publication whereby the information furnished by any particular individual can be identified; or (iii) 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. (B) Required disclosures The Attorney General shall provide information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Construction (i) In general Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source. (ii) Criminal convictions Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes. (D) Crime Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000. (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)(6)(C)(i) of this title (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 aliens admissibility under subsection (a)(1)(C) (A) Grounds of exclusion not applicable The provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title (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 (ii) Grounds that may not be waived The following provisions of section 1182(a) of this title (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 (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) and who can establish a nonfrivolous case of eligibility to have his status adjusted under subsection (a) (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) 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 Service pursuant to this subsection may be used by the Service to offset the costs of the special agricultural worker legalization program until the Service implements the program consistent with the statutory mandate as follows: (A) During the application period described in subsection (a)(1)(A) the Service 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) 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 described in subsection (a)(1)(A) any alien who has filed an application for adjustment of status within the United States as provided in subsection (b)(1)(A) pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph (2) of this subsection. (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 October 1, 1996 (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), and notwithstanding any other provision of law, the alien is not eligible for assistance under a State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 section 1255a(h) of this title section 1255a(h)(3) of this title (g) Treatment of special agricultural workers For all purposes (subject to subsections (a)(5) and (f)) 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. ( June 27, 1952, ch. 477 Pub. L. 99603, title III,  302(a)(1) Nov. 6, 1986 100 Stat. 3417 Pub. L. 100202,  101(a) [title II,  211] Dec. 22, 1987 101 Stat. 1329 Pub. L. 100525,  2(m) Oct. 24, 1988 102 Stat. 2613 Pub. L. 101238,  4 Dec. 18, 1989 103 Stat. 2103 Pub. L. 101649, title VI,  603(a)(5) Nov. 29, 1990 104 Stat. 5082 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1756 Pub. L. 103416, title II,  219(d) Oct. 25, 1994 108 Stat. 4316 Pub. L. 104132, title IV,  431(b) Apr. 24, 1996 110 Stat. 1273 Pub. L. 104193, title I,  110(s)(1) Aug. 22, 1996 110 Stat. 2175 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009622  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(3)(A) and (d)(3)(A), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Public Law 89732 Pub. L. 89732 Nov. 2, 1966 80 Stat. 1161 section 1255 of this title Public Law 95145 Pub. L. 95145 Oct. 28, 1977 91 Stat. 1223 Pub. L. 95145 section 1255 of this title Pub. L. 95145 Pub. L. 9423 section 2601 of Title 22 Pub. L. 96212, title III,  312(c) Mar. 17, 1980 94 Stat. 117 Section 1105a of this title Pub. L. 104208, div. C, title III,  306(b) Sept. 30, 1996 110 Stat. 3009612 The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Amendments 1996Subsec. (b)(5). Pub. L. 104132,  431(b)(1) Subsec. (b)(6). Pub. L. 104208,  623(b) Pub. L. 104208,  384(d)(1) Pub. L. 104132,  431(b)(2) Subsec. (e)(3)(A). Pub. L. 104208,  308(g)(2)(B) October 1, 1996 section 1105a of this title Subsec. (f). Pub. L. 104193 1994Subsec. (d)(3). Pub. L. 103416,  219(d) Subsec. (d)(3)(B). Pub. L. 103416,  219(z)(7) Pub. L. 102232,  309(b)(6)(F) 1991Subsec. (b)(7)(B). Pub. L. 102232,  307(j) Subsec. (d)(3). Pub. L. 102232,  309(b)(6)(A) Subsec. (d)(3)(A). Pub. L. 102232,  309(b)(6)(D) Subsec. (d)(3)(B). Pub. L. 102232,  309(b)(6)(F) Pub. L. 103416,  219(z)(7) Pub. L. 102232,  309(b)(6)(G) 1990Subsec. (a)(3)(B)(i). Pub. L. 101649,  603(a)(5)(A) Subsec. (c)(2)(A). Pub. L. 101649,  603(a)(5)(B) Subsec. (c)(2)(B)(ii)(I). Pub. L. 101649,  603(a)(5)(C) Subsec. (c)(2)(B)(ii)(II). Pub. L. 101649,  603(a)(5)(D) Subsec. (c)(2)(B)(ii)(III). Pub. L. 101649,  603(a)(5)(E) Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101649,  603(a)(5)(F) Subsec. (c)(2)(B)(ii)(V). Pub. L. 101649,  603(a)(5)(G) Subsec. (c)(2)(C). Pub. L. 101649,  603(a)(5)(H) 1989Subsec. (a)(3). Pub. L. 101238,  4(a) Subsec. (b)(6)(A). Pub. L. 101238,  4(b) 1988Subsec. (g). Pub. L. 100525 1987Subsec. (d)(3). Pub. L. 100202 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendments Amendment by section 308(g)(2)(B) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  384(d)(2) Sept. 30, 1996 110 Stat. 3009653 The amendments made by this subsection [amending this section and section 1255a of this title Sept. 30, 1996 Amendment by Pub. L. 104193 July 1, 1997 section 116 of Pub. L. 104193 section 601 of Title 42 Effective Date of 1994 Amendment Pub. L. 103416, title II,  219(z) Oct. 25, 1994 108 Stat. 4318 Pub. L. 102232 Amendment by section 219(d) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Pub. L. 102232, title III,  307(j) Dec. 12, 1991 105 Stat. 1756 Pub. L. 101649 Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(2) of Pub. L. 101649 section 1101 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Commission on Agricultural Workers Pub. L. 99603, title III,  304 Nov. 6, 1986 100 Stat. 3431 Pub. L. 101649, title VII,  704 Nov. 29, 1990 104 Stat. 5086 Pub. L. 102232, title III,  308(c) Dec. 12, 1991 105 Stat. 1757 Nov. 6, 1986  1161. Repealed. Pub. L. 103416, title II,  219(ee)(1) Oct. 25, 1994 108 Stat. 4319   Section, act June 27, 1952, ch. 477, title II Nov. 6, 1986 Pub. L. 99603, title III,  303(a) 100 Stat. 3422 Oct. 24, 1988 Pub. L. 100525,  2(n)(1) 102 Stat. 2613 Nov. 29, 1990 Pub. L. 101649, title VI,  603(a)(6) 104 Stat. 5083 Dec. 12, 1991 Pub. L. 102232, title III,  307 l 105 Stat. 1756 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 103416, title II,  219(ee)(3) Pub. L. 104208, div. C, title VI,  671(b)(10) Sept. 30, 1996 110 Stat. 3009722 The amendments made by this subsection [repealing this section] shall take effect on the date of the enactment of this Act [ Oct. 25, 1994 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 Except as provided in subsection (b) and subsection (c) 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 (b) Readmission without required documents; Attorney Generals discretion Notwithstanding the provisions of section 1182(a)(7)(A) of this title section 1101(a)(27)(A) of this title (c) Nonapplicability to aliens admitted as refugees The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title ( June 27, 1952, ch. 477 66 Stat. 181 Pub. L. 89236,  9 Oct. 3, 1965 79 Stat. 917 Pub. L. 94571,  7(c) Oct. 20, 1976 90 Stat. 2706 Pub. L. 96212, title II,  202 Mar. 17, 1980 94 Stat. 106 Pub. L. 101649, title VI,  603(a)(7) Nov. 29, 1990 104 Stat. 5083  Editorial Notes Amendments 1990Subsec. (b). Pub. L. 101649 1980Subsec. (a). Pub. L. 96212,  202(1) Subsec. (c). Pub. L. 96212,  202(2) 1976Subsec. (b). Pub. L. 94571 1965Subsec. (a). Pub. L. 89236 Subsec. (b). Pub. L. 89236 section 1101(a)(27)(B) of this title Subsec. (c). Pub. L. 89236 Subsec. (d). Pub. L. 89236 Subsec. (e). Pub. L. 89236 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96212 Mar. 17, 1980 Oct. 1, 1979 section 204 of Pub. L. 96212 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1182. Inadmissible aliens (a) Classes of aliens ineligible for visas or admission Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: (1) Health-related grounds (A) In general Any alien (i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 1 1 (ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices, (iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General) (I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or (II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or (iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible. (B) Waiver authorized For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g). (C) Exception from immunization requirement for adopted children 10 years of age or younger Clause (ii) of subparagraph (A) shall not apply to a child who (i) is 10 years of age or younger, (ii) is described in subparagraph (F) or (G) of section 1101(b)(1) of this title 1 (iii) is seeking an immigrant visa as an immediate relative under section 1151(b) of this title if, prior to the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the childs admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph. (2) Criminal and related grounds (A) Conviction of certain crimes (i) In general Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21 is inadmissible. (ii) Exception Clause (i)(I) shall not apply to an alien who committed only one crime if (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). (B) Multiple criminal convictions Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible. (C) Controlled substance traffickers Any alien who the consular officer or the Attorney General knows or has reason to believe (i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21 (ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible. (D) Prostitution and commercialized vice Any alien who (i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status, (ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible. (E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution Any alien (i) who has committed in the United States at any time a serious criminal offense (as defined in section 1101(h) of this title (ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense, (iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and (iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense, is inadmissible. (F) Waiver authorized For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h). (G) Foreign government officials who have committed particularly severe violations of religious freedom Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22 (H) Significant traffickers in persons (i) In general Any alien who commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title 22 (ii) Beneficiaries of trafficking Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible. (iii) Exception for certain sons and daughters Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause. (I) Money laundering Any alien (i) who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18 (relating to laundering of monetary instruments); or (ii) who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section; is inadmissible. (3) Security and related grounds (A) In general Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in (i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, (ii) any other unlawful activity, or (iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible. (B) Terrorist activities (i) In general Any alien who (I) has engaged in a terrorist activity; (II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv)); (III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; (IV) is a representative (as defined in clause (v)) of (aa) a terrorist organization (as defined in clause (vi)); or (bb) a political, social, or other group that endorses or espouses terrorist activity; (V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi); (VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization; (VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization; (VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18 (IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity. (ii) Exception Subclause (IX) of clause (i) does not apply to a spouse or child (I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or (II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section. (iii) Terrorist activity defined As used in this chapter, the term terrorist activity means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following: (I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). (II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained. (III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18 (IV) An assassination. (V) The use of any (a) biological agent, chemical agent, or nuclear weapon or device, or (b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property. (VI) A threat, attempt, or conspiracy to do any of the foregoing. (iv) Engage in terrorist activity defined As used in this chapter, the term engage in terrorist activity means, in an individual capacity or as a member of an organization (I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (II) to prepare or plan a terrorist activity; (III) to gather information on potential targets for terrorist activity; (IV) to solicit funds or other things of value for (aa) a terrorist activity; (bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or (cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; (V) to solicit any individual (aa) to engage in conduct otherwise described in this subsection; (bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or (cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or (VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training (aa) for the commission of a terrorist activity; (bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; (cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or (dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization. (v) Representative defined As used in this paragraph, the term representative includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity. (vi) Terrorist organization defined As used in this section, the term terrorist organization means an organization (I) designated under section 1189 of this title (II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or (III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv). (C) Foreign policy (i) In general An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible. (ii) Exception for officials An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the aliens 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 aliens 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 aliens admission would compromise a compelling United States foreign policy interest. (iv) Notification of determinations If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identity of the alien and the reasons for the determination. (D) Immigrant membership in totalitarian party (i) In general Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible. (ii) Exception for involuntary membership Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes. (iii) Exception for past membership Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that (I) the membership or affiliation terminated at least (a) 2 years before the date of such application, or (b) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and (II) the alien is not a threat to the security of the United States. (iv) Exception for close family members The Attorney General may, in the Attorney Generals discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States. (E) Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing (i) Participation in Nazi persecutions Any alien who, during the period beginning on March 23, 1933 May 8, 1945 (I) the Nazi government of Germany, (II) any government in any area occupied by the military forces of the Nazi government of Germany, (III) any government established with the assistance or cooperation of the Nazi government of Germany, or (IV) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible. (ii) Participation in genocide Any alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18 (iii) Commission of acts of torture or extrajudicial killings Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of (I) any act of torture, as defined in section 2340 of title 18 (II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 ( 28 U.S.C. 1350 is inadmissible. (F) Association with terrorist organizations Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible. (G) Recruitment or use of child soldiers Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 (4) Public charge (A) In general Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible. (B) Factors to be taken into account (i) In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a minimum consider the aliens (I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills. (ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 1183a of this title (C) Family-sponsored immigrants Any alien who seeks admission or adjustment of status under a visa number issued under section 1151(b)(2) or 1153(a) of this title is inadmissible under this paragraph unless (i) the alien has obtained (I) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 1154(a)(1)(A) of this title (II) classification pursuant to clause (ii) or (iii) of section 1154(a)(1)(B) of this title (III) classification or status as a VAWA self-petitioner; or (ii) the person petitioning for the aliens admission (and any additional sponsor required under section 1183a(f) of this title section 1183a of this title (D) Certain employment-based immigrants Any alien who seeks admission or adjustment of status under a visa number issued under section 1153(b) of this title section 1183a of this title (E) Special rule for qualified alien victims Subparagraphs (A), (B), and (C) shall not apply to an alien who (i) is a VAWA self-petitioner; (ii) is an applicant for, or is granted, nonimmigrant status under section 1101(a)(15)(U) of this title (iii) is a qualified alien described in section 1641(c) of this title (5) Labor certification and qualifications for certain immigrants (A) Labor certification (i) In general Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. (ii) Certain aliens subject to special rule For purposes of clause (i)(I), an alien described in this clause is an alien who (I) is a member of the teaching profession, or (II) has exceptional ability in the sciences or the arts. (iii) Professional athletes (I) In general A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for the certification. (II) Professional athlete defined For purposes of subclause (I), the term professional athlete means an individual who is employed as an athlete by (aa) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or (bb) any minor league team that is affiliated with such an association. (iv) Long delayed adjustment applicants A certification made under clause (i) with respect to an individual whose petition is covered by section 1154(j) of this title (B) Unqualified physicians An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978 (C) Uncertified foreign health-care workers Subject to subsection (r), any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is inadmissible unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that (i) the aliens education, training, license, and experience (I) meet all applicable statutory and regulatory requirements for entry into the United States under the classification specified in the application; (II) are comparable with that required for an American health-care worker of the same type; and (III) are authentic and, in the case of a license, unencumbered; (ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicants ability to speak and write; and (iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the professions licensing or certification examination, the alien has passed such a test or has passed such an examination. For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review. (D) Application of grounds The grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title (6) Illegal entrants and immigration violators (A) Aliens present without admission or parole (i) In general An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible. (ii) Exception for certain battered women and children Clause (i) shall not apply to an alien who demonstrates that (I) the alien is a VAWA self-petitioner; (II) (a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouses or parents family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the aliens child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouses or parents family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and (III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the aliens unlawful entry into the United States. (B) Failure to attend removal proceeding Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the aliens inadmissibility or deportability and who seeks admission to the United States within 5 years of such aliens subsequent departure or removal is inadmissible. (C) Misrepresentation (i) In general Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible. (ii) Falsely claiming citizenship (I) In general Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title (II) Exception In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation. (iii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (i). (D) Stowaways Any alien who is a stowaway is inadmissible. (E) Smugglers (i) In general Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible. (ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988 section 1153(a)(2) of this title May 5, 1988 (iii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (d)(11). (F) Subject of civil penalty (i) In general An alien who is the subject of a final order for violation of section 1324c of this title (ii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (d)(12). (G) Student visa abusers An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title l 2 2 (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 (II) whose visa has been issued without compliance with the provisions of section 1153 of this title is inadmissible. (ii) Waiver authorized For provision authorizing waiver of clause (i), see subsection (k). (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 aliens admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or (II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible. (ii) General waiver authorized For provision authorizing waiver of clause (i), see subsection (d)(4). (iii) Guam and Northern Mariana Islands visa waiver For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection ( l (iv) Visa waiver program For authority to waive the requirement of clause (i) under a program, see section 1187 of this title (8) Ineligible for citizenship (A) In general Any immigrant who is permanently ineligible to citizenship is inadmissible. (B) Draft evaders Any person who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is inadmissible, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant. (9) Aliens previously removed (A) Certain aliens previously removed (i) Arriving aliens Any alien who has been ordered removed under section 1225(b)(1) of this title section 1229a of this title (ii) Other aliens Any alien not described in clause (i) who (I) has been ordered removed under section 1229a of this title (II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such aliens departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. (iii) Exception Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the aliens reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the aliens reapplying for admission. (B) Aliens unlawfully present (i) In general Any alien (other than an alien lawfully admitted for permanent residence) who (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) 3 3 section 1229c of this title section 1225(b)(1) of this title section 1229a of this title (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such aliens departure or removal from the United States, is inadmissible. (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled. (iii) Exceptions (I) Minors No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i). (II) Asylees No period of time in which an alien has a bona fide application for asylum pending under section 1158 of this title (III) Family unity No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (i). (IV) Battered women and children Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if violation of the terms of the aliens nonimmigrant visa were substituted for unlawful entry into the United States in subclause (III) of that paragraph. (V) Victims of a severe form of trafficking in persons Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 7102 of title 22 (iv) Tolling for good cause In the case of an alien who (I) has been lawfully admitted or paroled into the United States, (II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and (III) has not been employed without authorization in the United States before or during the pendency of such application, the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days. (v) Waiver The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause. (C) Aliens unlawfully present after previous immigration violations (i) In general Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 1225(b)(1) of this title section 1229a of this title and who enters or attempts to reenter the United States without being admitted is inadmissible. (ii) Exception Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the aliens last departure from the United States if, prior to the aliens reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the aliens reapplying for admission. (iii) Waiver The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between (I) the aliens battering or subjection to extreme cruelty; and (II) the aliens removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States. (10) Miscellaneous (A) Practicing polygamists Any immigrant who is coming to the United States to practice polygamy is inadmissible. (B) Guardian required to accompany helpless alien Any alien (i) who is accompanying another alien who is inadmissible and who is certified to be helpless from sickness, mental or physical disability, or infancy pursuant to section 1222(c) of this title (ii) whose protection or guardianship is determined to be required by the alien described in clause (i), is inadmissible. (C) International child abduction (i) In general Except as provided in clause (ii), any alien who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted custody by that order. (ii) Aliens supporting abductors and relatives of abductors Any alien who (I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i), (II) is known by the Secretary of State to be intentionally providing material support or safe haven to an alien described in clause (i), or (III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretarys sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such persons place of residence. (iii) Exceptions Clauses (i) and (ii) shall not apply (I) to a government official of the United States who is acting within the scope of his or her official duties; (II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretarys sole and unreviewable discretion; or (III) so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980 (D) Unlawful voters (i) In general Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. (ii) Exception In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation. (E) Former citizens who renounced citizenship to avoid taxation Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is inadmissible. (b) Notices of denials (1) Subject to paragraphs (2) and (3), if an aliens application for a visa, for admission to the United States, or for adjustment of status is denied by an immigration or consular officer because the officer determines the alien to be inadmissible under subsection (a), the officer shall provide the alien with a timely written notice that (A) states the determination, and (B) lists the specific provision or provisions of law under which the alien is inadmissible or adjustment 4 4 (2) The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of inadmissible aliens. (3) Paragraph (1) does not apply to any alien inadmissible under paragraph (2) or (3) of subsection (a). (c) Repealed. Pub. L. 104208, div. C, title III,  304(b) Sept. 30, 1996 110 Stat. 3009597 (d) Temporary admission of nonimmigrants (1) The Attorney General shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(S) of this title section 1101(a)(15)(S) of this title section 1101(a)(15)(S) of this title section 1101(a)(15)(S) of this title (2) Repealed. Pub. L. 101649, title VI,  601(d)(2)(A) Nov. 29, 1990 104 Stat. 5076 (3) (A) Except as provided in this subsection, an alien (i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph. (B) (i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine in such Secretarys sole unreviewable discretion that subsection (a)(3)(B) shall not apply with respect to an alien within the scope of that subsection or that subsection (a)(3)(B)(vi)(III) shall not apply to a group within the scope of that subsection, except that no such waiver may be extended to an alien who is within the scope of subsection (a)(3)(B)(i)(II), no such waiver may be extended to an alien who is a member or representative of, has voluntarily and knowingly engaged in or endorsed or espoused or persuaded others to endorse or espouse or support terrorist activity on behalf of, or has voluntarily and knowingly received military-type training from a terrorist organization that is described in subclause (I) or (II) of subsection (a)(3)(B)(vi), and no such waiver may be extended to a group that has engaged terrorist activity against the United States or another democratic country or that has purposefully engaged in a pattern or practice of terrorist activity that is directed at civilians. Such a determination shall neither prejudice the ability of the United States Government to commence criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural right or benefit for a beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 section 1252 of this title section 1229a of this title (ii) Not later than 90 days after the end of each fiscal year, the Secretary of State and the Secretary of Homeland Security shall each provide to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the aliens to whom such Secretary has applied clause (i). Within one week of applying clause (i) to a group, the Secretary of State or the Secretary of Homeland Security shall provide a report to such Committees. (4) Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) may be waived by the Attorney General and the Secretary of State acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or (C) in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section 1223(c) of this title (5) (A) The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title (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. 101649, title VI,  601(d)(2)(A) Nov. 29, 1990 104 Stat. 5076 (7) The provisions of subsection (a) (other than paragraph (7)) shall be applicable to any alien who shall leave Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the United States. The Attorney General shall by regulations provide a method and procedure for the temporary admission to the United States of the aliens described in this proviso. 5 5 section 1231(c) of this title (8) Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of subsection (a) of this section. (9) , (10) Repealed. Pub. L. 101649, title VI,  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) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title section 1153(a) of this title (12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F) (A) in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title (B) in the case of an alien seeking admission or adjustment of status under section 1151(b)(2)(A) of this title section 1153(a) of this title if no previous civil money penalty was imposed against the alien under section 1324c of this title (13) (A) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(T) of this title (B) In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section 1101(a)(15)(T) of this title 6 6 (i) subsection (a)(1); and (ii) any other provision of subsection (a) (excluding paragraphs (3), (4), (10)(C), and (10(E)) 7 7 section 1101(a)(15)(T)(i)(I) of this title (14) The Secretary of Homeland Security shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(U) of this title 6 section 1101(a)(15)(U) of this title (e) Educational visitor status; foreign residence requirement; waiver No person admitted under section 1101(a)(15)(J) of this title section 1101(a)(15)(J) of this title section 1101(a)(15)(L) of this title Provided l And provided further (f) Suspension of entry or imposition of restrictions by President Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline. (g) Bond and conditions for admission of alien inadmissible on health-related grounds The Attorney General may waive the application of (1) subsection (a)(1)(A)(i) in the case of any alien who (A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, (B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or (C) is a VAWA self-petitioner, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe; (2) subsection (a)(1)(A)(ii) in the case of any alien (A) who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present documentation of previous vaccination, (B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human Services may prescribe, that such vaccination would not be medically appropriate, or (C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the aliens religious beliefs or moral convictions; or (3) subsection (a)(1)(A)(iii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe. (h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if (1) (A) in the case of any immigrant it is established to the satisfaction of the Attorney General that (i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the aliens application for a visa, admission, or adjustment of status, (ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and (iii) the alien has been rehabilitated; or (B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the aliens denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or (C) the alien is a VAWA self-petitioner; and (2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the aliens applying or reapplying for a visa, for admission to the United States, or adjustment of status. No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection. (i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien or the aliens United States citizen, lawful permanent resident, or qualified alien parent or child. (2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1). (j) Limitation on immigration of foreign medical graduates (1) The additional requirements referred to in section 1101(a)(15)(J) of this title (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 (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 aliens 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 aliens admission into the United States, based on criteria which are established in coordination with the Secretary of Health and Human Services and which take into consideration the published requirements of the medical specialty board which administers such education or training program; except that (i) such duration is further limited to seven years unless the alien has demonstrated to the satisfaction of the Director that the country to which the alien will return at the end of such specialty education or training has an exceptional need for an individual trained in such specialty, and (ii) the alien may, once and not later than two years after the date the alien is admitted to the United States as an exchange visitor or acquires exchange visitor status, change the aliens 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 aliens new program have been provided in accordance with subparagraph (C). (E) The alien furnishes the Attorney General each year with an affidavit (in such form as the Attorney General shall prescribe) that attests that the alien (i) is in good standing in the program of graduate medical education or training in which the alien is participating, and (ii) will return to the country of his nationality or last residence upon completion of the education or training for which he came to the United States. (2) An alien who is a graduate of a medical school and who is coming to the United States to perform services as a member of the medical profession may not be admitted as a nonimmigrant under section 1101(a)(15)(H)(i)(b) of this title (A) the alien is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency, or (B) (i) the alien has passed the Federation licensing examination (administered by the Federation of State Medical Boards of the United States) or an equivalent examination as determined by the Secretary of Health and Human Services, and (ii) (I) has competency in oral and written English or (II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States). (3) Omitted. (k) Attorney Generals discretion to admit otherwise inadmissible aliens who possess immigrant visas Any alien, inadmissible from the United States under paragraph (5)(A) or (7)(A)(i) of subsection (a), who is in possession of an immigrant visa may, if otherwise admissible, be admitted in the discretion of the Attorney General if the Attorney General is satisfied that inadmissibility was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrants application for admission. (l) Guam and Northern Mariana Islands visa waiver program (1) In general The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in Guam or the Commonwealth of the Northern Mariana Islands for a period not to exceed 45 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands, determines that (A) an adequate arrival and departure control system has been developed in Guam and the Commonwealth of the Northern Mariana Islands; 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) Alien waiver of rights 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 an immigration officers determination as to the admissibility of the alien at the port of entry into Guam or the Commonwealth of the Northern Mariana Islands; or (B) to contest, other than on the basis of an application for withholding of removal under section 1231(b)(3) of this title section 1158 of this title (3) Regulations All necessary regulations to implement this subsection shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 180th day after May 8, 2008 section 553(a) of title 5 (A) a listing of all countries whose nationals may obtain the waiver also provided by this subsection, except that such regulations shall provide for a listing of any country from which the Commonwealth has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding May 8, 2008 (B) any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors. (4) Factors In determining whether to grant or continue providing the waiver under this subsection to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange. (5) Suspension The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to Guam and the Commonwealth of the Northern Mariana Islands under this subsection. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in Guam or the Commonwealth of the Northern Mariana Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of Guam or the Commonwealth of the Northern Mariana Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this subsection. The Secretary of Homeland Security may in the Secretarys discretion suspend the Guam and Northern Mariana Islands visa waiver program at any time, on a country-by-country basis, for other good cause. (6) Addition of countries The Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this subsection, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretarys sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this subsection. (m) Requirements for admission of nonimmigrant nurses (1) The qualifications referred to in section 1101(a)(15)(H)(i)(c) of this title (A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; (B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and (C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. (2) (A) The attestation referred to in section 1101(a)(15)(H)(i)(c) of this title (i) The facility meets all the requirements of paragraph (6). (ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. (iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. (iv) The facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses. (v) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. (vi) At the time of the filing of the petition for registered nurses under section 1101(a)(15)(H)(i)(c) of this title (vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under section 1101(a)(15)(H)(i)(c) of this title (viii) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 1101(a)(15)(H)(i)(c) of this title (I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or (II) transfer the place of employment of the alien from one worksite to another. Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before November 12, 1999 (B) For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: (i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. (ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses. (iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. (iv) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate that taking a second step is not reasonable. (C) Subject to subparagraph (E), an attestation under subparagraph (A) (i) shall expire on the date that is the later of (I) the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or (II) the end of the period of admission under section 1101(a)(15)(H)(i)(c) of this title (ii) shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the facility states in each such petition that it continues to comply with the conditions in the attestation. (D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. (E) (i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 1101(a)(15)(H)(i)(c) of this title (ii) The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facilitys failure to meet conditions attested to or a facilitys misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. (iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. (iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. (v) In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. (F) (i) The Secretary of Labor shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretarys duties under this subsection, but not exceeding $250. (ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. (iii) The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. (3) The period of admission of an alien under section 1101(a)(15)(H)(i)(c) of this title (4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 1101(a)(15)(H)(i)(c) of this title (A) For States with populations of less than 9,000,000, based upon the 1990 decennial census of population, 25 visas. (B) For States with populations of 9,000,000 or more, based upon the 1990 decennial census of population, 50 visas. (C) If the total number of visas available under this paragraph for a fiscal year quarter exceeds the number of qualified nonimmigrants who may be issued such visas during those quarters, the visas made available under this paragraph shall be issued without regard to the numerical limitation under subparagraph (A) or (B) of this paragraph during the last fiscal year quarter. (5) A facility that has filed a petition under section 1101(a)(15)(H)(i)(c) of this title (A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; (B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and (C) shall not interfere with the right of the nonimmigrant to join or organize a union. (6) For purposes of this subsection and section 1101(a)(15)(H)(i)(c) of this title 42 U.S.C. 1395ww(d)(1)(B) (A) As of March 31, 1997 section 254e of title 42 (B) Based on its settled cost report filed under title XVIII of the Social Security Act [ 42 U.S.C. 1395 (i) the hospital has not less than 190 licensed acute care beds; (ii) the number of the hospitals inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title [ 42 U.S.C. 1395c (iii) the number of the hospitals inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 (7) For purposes of paragraph (2)(A)(v), the term lay off, with respect to a worker (A) means to cause the workers loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but (B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. Nothing in this paragraph is intended to limit an employees or an employers rights under a collective bargaining agreement or other employment contract. (n) Labor condition application (1) No alien may be admitted or provided status as an H1B nonimmigrant in an occupational classification unless the employer has filed with the Secretary of Labor an application stating the following: (A) The employer (i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H1B nonimmigrant wages that are at least (I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or (II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the application, and (ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed. (B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment. (C) The employer, at the time of filing the application (i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employers employees in the occupational classification and area for which aliens are sought, or (ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which H1B nonimmigrants are sought. (D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. (E) (i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application. (ii) An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before 8 8 October 21, 1998 (F) In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another employer (regardless of whether or not such other employer is an H1B-dependent employer) where (i) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and (ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; unless the employer has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending 90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to displace a United States worker employed by the other employer. (G) (i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the application (I) has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to H1B nonimmigrants under subparagraph (A), United States workers for the job for which the nonimmigrant or nonimmigrants is or are sought; and (II) has offered the job to any United States worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought. (ii) The conditions described in clause (i) shall not apply to an application filed with respect to the employment of an H1B nonimmigrant who is described in subparagraph (A), (B), or (C) of section 1153(b)(1) of this title The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employers principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C. The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 1101(a)(15)(H)(i)(b) of this title (2) (A) Subject to paragraph (5)(A), the Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioners failure to meet a condition specified in an application submitted under paragraph (1) or a petitioners 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 (C) (i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an application (I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and (II) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 1 year for aliens to be employed by the employer. (ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv) (I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; and (II) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 2 years for aliens to be employed by the employer. (iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application (I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary determines to be appropriate; and (II) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 3 years for aliens to be employed by the employer. (iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employers compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection. (v) The Secretary of Labor and the Attorney General shall devise a process under which an H1B nonimmigrant who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. (vi) (I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law. (II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 1184(c)(1) of this title section 1184(c)(9) of this title (III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury. (vii) (I) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H1B nonimmigrant designated as a full-time employee on the petition filed under section 1184(c)(1) of this title (II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H1B nonimmigrant designated as a part-time employee on the petition filed under section 1184(c)(1) of this title (III) In the case of an H1B nonimmigrant who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under section 1184(c)(1) of this title (IV) This clause does not apply to a failure to pay wages to an H1B nonimmigrant for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work. (V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to an H1B nonimmigrant an established salary practice of the employer, under which the employer pays to H1B nonimmigrants and United States workers in the same occupational classification an annual salary in disbursements over fewer than 12 months, if (aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and (bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to violate any condition of the nonimmigrants authorization under this chapter to remain in the United States. (VI) This clause shall not be construed as superseding clause (viii). (viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection to fail to offer to an H1B nonimmigrant, during the nonimmigrants period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to United States workers. (D) If the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been imposed. (E) If an H1B-dependent employer places a nonexempt H1B nonimmigrant with another employer as provided under paragraph (1)(F) and the other employer has displaced or displaces a United States worker employed by such other employer during the period described in such paragraph, such displacement shall be considered for purposes of this paragraph a failure, by the placing employer, to meet a condition specified in an application submitted under paragraph (1); except that the Attorney General may impose a sanction described in subclause (II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that such placing employer (i) knew or had reason to know of such displacement at the time of the placement of the nonimmigrant with the other employer; or (ii) has been subject to a sanction under this subparagraph based upon a previous placement of an H1B nonimmigrant with the same other employer. (F) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after October 21, 1998 (G) (i) The Secretary of Labor may initiate an investigation of any employer that employs nonimmigrants described in section 1101(a)(15)(H)(i)(b) of this title 9 9 (ii) If the Secretary of Labor receives specific credible information from a source who is likely to have knowledge of an employers practices or employment conditions, or an employers compliance with the employers labor condition application under paragraph (1), and whose identity is known to the Secretary of Labor, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary of Labor may conduct an investigation into the alleged failure or failures. The Secretary of Labor may withhold the identity of the source from the employer, and the sources identity shall not be subject to disclosure under section 552 of title 5 (iii) The Secretary of Labor shall establish a procedure for any person desiring to provide to the Secretary of Labor information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary of Labor and completed by or on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies the requirement of clause (iv)(II) (although an officer or employee of the Department of Labor may complete the form on behalf of the person). (iv) Any investigation initiated or approved by the Secretary of Labor under clause (ii) shall be based on information that satisfies the requirements of such clause and that (I) originates from a source other than an officer or employee of the Department of Labor; or (II) was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another Department of Labor investigation under this chapter of 9 (v) The receipt by the Secretary of Labor of information submitted by an employer to the Attorney General or the Secretary of Labor for purposes of securing the employment of a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title (vi) No investigation described in clause (ii) (or hearing described in clause (viii) based on such investigation) may be conducted with respect to information about a failure to meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months after the date of the alleged failure. (vii) The Secretary of Labor shall provide notice to an employer with respect to whom there is reasonable cause to initiate an investigation described in clauses 10 10 (viii) An investigation under clauses 10 section 556 of title 5 (H) (i) Except as provided in clauses (ii) and (iii), a person or entity is considered to have complied with the requirements of this subsection, notwithstanding a technical or procedural failure to meet such requirements, if there was a good faith attempt to comply with the requirements. (ii) Clause (i) shall not apply if (I) the Department of Labor (or another enforcement agency) has explained to the person or entity the basis for the failure; (II) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure; and (III) the person or entity has not corrected the failure voluntarily within such period. (iii) A person or entity that, in the course of an investigation, is found to have violated the prevailing wage requirements set forth in paragraph (1)(A), shall not be assessed fines or other penalties for such violation if the person or entity can establish that the manner in which the prevailing wage was calculated was consistent with recognized industry standards and practices. (iv) Clauses (i) and (iii) shall not apply to a person or entity that has engaged in or is engaging in a pattern or practice of willful violations of this subsection. (I) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this chapter (such as the authorities under section 1324b of this title (3) (A) For purposes of this subsection, the term H1B-dependent employer means an employer that (i) (I) has 25 or fewer full-time equivalent employees who are employed in the United States; and (II) employs more than 7 H1B nonimmigrants; (ii) (I) has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States; and (II) employs more than 12 H1B nonimmigrants; or (iii) (I) has at least 51 full-time equivalent employees who are employed in the United States; and (II) employs H1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees. (B) For purposes of this subsection (i) the term exempt H1B nonimmigrant means an H1B nonimmigrant who (I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or (II) has attained a masters or higher degree (or its equivalent) in a specialty related to the intended employment; and (ii) the term nonexempt H1B nonimmigrant means an H1B nonimmigrant who is not an exempt H1B nonimmigrant. (C) For purposes of subparagraph (A) (i) in computing the number of full-time equivalent employees and the number of H1B nonimmigrants, exempt H1B nonimmigrants shall not be taken into account during the longer of (I) the 6-month period beginning on October 21, 1998 (II) the period beginning on October 21, 1998 (ii) any group treated as a single employer under subsection (b), (c), (m), or ( o section 414 of title 26 (4) For purposes of this subsection: (A) The term area of employment means the area within normal commuting distance of the worksite or physical location where the work of the H1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment. (B) In the case of an application with respect to one or more H1B nonimmigrants by an employer, the employer is considered to displace a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other job. (C) The term H1B nonimmigrant means an alien admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title (D) (i) The term lays off, with respect to a worker (I) means to cause the workers loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but (II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under paragraph (1)(F), with either employer described in such paragraph) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. (ii) Nothing in this subparagraph is intended to limit an employees rights under a collective bargaining agreement or other employment contract. (E) The term United States worker means an employee who (i) is a citizen or national of the United States; or (ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 1157 of this title section 1158 of this title (5) (A) This paragraph shall apply instead of subparagraphs (A) through (E) of paragraph (2) in the case of a violation described in subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the Attorney General with respect to any other violation. (B) The Attorney General shall establish a process for the receipt, initial review, and disposition in accordance with this paragraph of complaints respecting an employers failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioners misrepresentation of material facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of the condition. No proceeding shall be conducted under this paragraph on a complaint concerning such a failure or misrepresentation unless the Attorney General determines that the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. (C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause to believe that such a failure or misrepresentation described in such complaint has occurred, the Attorney General shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Attorney General shall pay the fee and expenses of the arbitrator. (D) (i) The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph (B) occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect. The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidence. The arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Attorney General. Such findings shall be final and conclusive, and, except as provided in this subparagraph, no official or court of the United States shall have power or jurisdiction to review any such findings. (ii) The Attorney General may review and reverse or modify the findings of an arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section 10 or 11 of title 9. (iii) With respect to the findings of an arbitrator, a court may review only the actions of the Attorney General under clause (ii) and may set aside such actions only on the grounds described in subparagraph (A), (B), or (C) of section 706(a)(2) of title 5 (E) If the Attorney General receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the Attorney General reverses or modifies the finding under subparagraph (D)(ii) (i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation or $5,000 per violation in the case of a willful failure or misrepresentation) as the Attorney General determines to be appropriate; and (ii) the Attorney General is authorized to not approve petitions filed, with respect to that employer and for aliens to be employed by the employer, under section 1154 or 1184(c) of this title (I) during a period of not more than 1 year; or (II) in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years. (F) The Attorney General shall not delegate, to any other employee or official of the Department of Justice, any function of the Attorney General under this paragraph, until 60 days after the Attorney General has submitted a plan for such delegation to the Committees on the Judiciary of the United States House of Representatives and the Senate. (o) Omitted (p) Computation of prevailing wage level (1) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) in the case of an employee of (A) an institution of higher education (as defined in section 1001(a) of title 20 (B) a nonprofit research organization or a Governmental research organization, the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment. (2) With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by professional sports league rules or regulations, the wage set forth in those rules or regulations shall be considered as not adversely affecting the wages of United States workers similarly employed and be considered the prevailing wage. (3) The prevailing wage required to be paid pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 100 percent of the wage determined pursuant to those sections. (4) Where the Secretary of Labor uses, or makes available to employers, a governmental survey to determine the prevailing wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3, the difference between the 2 levels offered, adding the quotient thus obtained to the first level and subtracting that quotient from the second level. (q) Academic honoraria Any alien admitted under section 1101(a)(15)(B) of this title (r) Exception for certain alien nurses Subsection (a)(5)(C) shall not apply to an alien who seeks to enter the United States for the purpose of performing labor as a nurse who presents to the consular officer (or in the case of an adjustment of status, the Attorney General) a certified statement from the Commission on Graduates of Foreign Nursing Schools (or an equivalent independent credentialing organization approved for the certification of nurses under subsection (a)(5)(C) by the Attorney General in consultation with the Secretary of Health and Human Services) that (1) the alien has a valid and unrestricted license as a nurse in a State where the alien intends to be employed and such State verifies that the foreign licenses of alien nurses are authentic and unencumbered; (2) the alien has passed the National Council Licensure Examination (NCLEX); (3) the alien is a graduate of a nursing program (A) in which the language of instruction was English; (B) located in a country (i) designated by such commission not later than 30 days after November 12, 1999 (ii) designated on the basis of such an assessment by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection; and (C) (i) which was in operation on or before November 12, 1999 (ii) has been approved by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection. (s) Consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge In determining whether an alien described in subsection (a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4), the consular officer or the Attorney General shall not consider any benefits the alien may have received that were authorized under section 1641(c) of this title (t)  11 11 (1) No alien may be admitted or provided status as a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (A) The employer (i) is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the attestation; and (ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed. (B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment. (C) The employer, at the time of filing the attestation (i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employers employees in the occupational classification and area for which aliens are sought; or (ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (D) A specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. (2) (A) The employer shall make available for public examination, within one working day after the date on which an attestation under this subsection is filed, at the employers principal place of business or worksite, a copy of each such attestation (and such accompanying documents as are necessary). (B) (i) The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the attestations filed under this subsection. Such list shall include, with respect to each attestation, the wage rate, number of aliens sought, period of intended employment, and date of need. (ii) The Secretary of Labor shall make such list available for public examination in Washington, D.C. (C) The Secretary of Labor shall review an attestation filed under this subsection only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that an attestation is incomplete or obviously inaccurate, the Secretary of Labor shall provide the certification described in section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (3) (A) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting the failure of an employer to meet a condition specified in an attestation submitted under this subsection or misrepresentation by the employer of material facts in such an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary of Labor shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred. (B) Under the process described in subparagraph (A), the Secretary of Labor shall provide, within 30 days after the date a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary of Labor determines that such a reasonable basis exists, the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5 (C) (i) If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), a substantial failure to meet a condition of paragraph (1)(C) or (1)(D), or a misrepresentation of material fact in an attestation (I) the Secretary of Labor shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary of Labor determines to be appropriate; and (II) the Secretary of State or the Secretary of Homeland Security, as appropriate, shall not approve petitions or applications filed with respect to that employer under section 1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this title during a period of at least 1 year for aliens to be employed by the employer. (ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an attestation, or a violation of clause (iv) (I) the Secretary of Labor shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate; and (II) the Secretary of State or the Secretary of Homeland Security, as appropriate, shall not approve petitions or applications filed with respect to that employer under section 1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this title during a period of at least 2 years for aliens to be employed by the employer. (iii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an attestation, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition or application supported by the attestation (I) the Secretary of Labor shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary of Labor determines to be appropriate; and (II) the Secretary of State or the Secretary of Homeland Security, as appropriate, shall not approve petitions or applications filed with respect to that employer under section 1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this title during a period of at least 3 years for aliens to be employed by the employer. (iv) It is a violation of this clause for an employer who has filed an attestation under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employers compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection. (v) The Secretary of Labor and the Secretary of Homeland Security shall devise a process under which a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (vi) (I) It is a violation of this clause for an employer who has filed an attestation under this subsection to require a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (II) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary of Labor may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury. (vii) (I) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection and who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (II) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection and who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (III) In the case of a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (IV) This clause does not apply to a failure to pay wages to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title section 1101(a)(15)(E)(iii) of this title (aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and (bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to violate any condition of the nonimmigrants authorization under this chapter to remain in the United States. (VI) This clause shall not be construed as superseding clause (viii). (viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection to fail to offer to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (D) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified in the attestation and required under paragraph (1), the Secretary of Labor shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been imposed. (E) The Secretary of Labor may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date on which the employer is found by the Secretary of Labor to have committed a willful failure to meet a condition of paragraph (1) or to have made a willful misrepresentation of material fact in an attestation. The authority of the Secretary of Labor under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A). (F) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this chapter (such as the authorities under section 1324b of this title (4) For purposes of this subsection: (A) The term area of employment means the area within normal commuting distance of the worksite or physical location where the work of the nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (B) In the case of an attestation with respect to one or more nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title (C) (i) The term lays off, with respect to a worker (I) means to cause the workers loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but (II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. (ii) Nothing in this subparagraph is intended to limit an employees rights under a collective bargaining agreement or other employment contract. (D) The term United States worker means an employee who (i) is a citizen or national of the United States; or (ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 1157 of this title section 1158 of this title (t)  12 12 (1) Except as provided in paragraph (2), no person admitted under section 1101(a)(15)(Q)(ii)(I) of this title (2) The Secretary of Homeland Security may waive the requirement of such 2-year foreign residence abroad if the Secretary determines that (A) departure from the United States would impose exceptional hardship upon the aliens spouse or child (if such spouse or child is a citizen of the United States or an alien lawfully admitted for permanent residence); or (B) the admission of the alien is in the public interest or the national interest of the United States. ( June 27, 1952, ch. 477 66 Stat. 182 July 18, 1956, ch. 629 70 Stat. 575 Pub. L. 85508,  23 July 7, 1958 72 Stat. 351 Pub. L. 863,  20(b) Mar. 18, 1959 73 Stat. 13 Pub. L. 86648,  8 July 14, 1960 74 Stat. 505 Pub. L. 87256,  109(c) Sept. 21, 1961 75 Stat. 535 Pub. L. 87301 Sept. 26, 1961 75 Stat. 654 Pub. L. 89236 Oct. 3, 1965 79 Stat. 917 Pub. L. 91225,  2 Apr. 7, 1970 84 Stat. 116 Pub. L. 94484, title VI,  601(a) Oct. 12, 1976 90 Stat. 2300 Pub. L. 94571 Oct. 20, 1976 90 Stat. 2705 Pub. L. 9583, title III,  307(q)(1) Aug. 1, 1977 91 Stat. 394 Pub. L. 95549, title I Oct. 30, 1978 92 Stat. 2065 Pub. L. 9670, title III,  3201(b) Sept. 27, 1979 93 Stat. 497 Pub. L. 96212, title II,  203(d) Mar. 17, 1980 94 Stat. 107 Pub. L. 96538, title IV,  404 Dec. 17, 1980 94 Stat. 3192 Pub. L. 97116 Dec. 29, 1981 95 Stat. 1611 Pub. L. 98454, title VI,  602[(a)] Oct. 5, 1984 98 Stat. 1737 Pub. L. 98473, title II,  220(a) Oct. 12, 1984 98 Stat. 2028 Pub. L. 99396,  14(a) Aug. 27, 1986 100 Stat. 842 Pub. L. 99570, title I,  1751(a) Oct. 27, 1986 100 Stat. 320747 Pub. L. 99639,  6(a) Nov. 10, 1986 100 Stat. 3543 Pub. L. 99653,  7(a) Nov. 14, 1986 100 Stat. 3657 Pub. L. 100204, title VIII,  806(c) Dec. 22, 1987 101 Stat. 1399 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2614 Pub. L. 100690, title VII,  7349(a) Nov. 18, 1988 102 Stat. 4473 Pub. L. 101238,  3(b) Dec. 18, 1989 103 Stat. 2100 Pub. L. 101246, title I,  131(a) Feb. 16, 1990 104 Stat. 31 Pub. L. 101649, title I,  162(e)(1) Nov. 29, 1990 104 Stat. 5011 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1746 Pub. L. 10343, title XX,  2007(a) June 10, 1993 107 Stat. 210 Pub. L. 103317, title V,  506(a) Aug. 26, 1994 108 Stat. 1765 Pub. L. 103322, title XIII,  130003(b)(1) Sept. 13, 1994 108 Stat. 2024 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4311 Pub. L. 104132, title IV Apr. 24, 1996 110 Stat. 1268 Pub. L. 104208, div. C, title I,  124(b)(1) Sept. 30, 1996 110 Stat. 3009562 Pub. L. 10573,  1 Nov. 12, 1997 111 Stat. 1459 Pub. L. 105277, div. C, title IV Oct. 21, 1998 112 Stat. 2681642 Pub. L. 105292, title VI,  604(a) Oct. 27, 1998 112 Stat. 2814 Pub. L. 10695 Nov. 12, 1999 113 Stat. 1312 Pub. L. 106120, title VIII,  809 Dec. 3, 1999 113 Stat. 1632 Pub. L. 106313, title I Oct. 17, 2000 114 Stat. 1254 Pub. L. 106386, div. A Oct. 28, 2000 114 Stat. 1478 Pub. L. 106395, title II,  201(b)(1) Oct. 30, 2000 114 Stat. 1633 Pub. L. 106396, title I,  101(b)(1) Oct. 30, 2000 114 Stat. 1638 Pub. L. 10756, title IV,  411(a) Oct. 26, 2001 115 Stat. 345 Pub. L. 107150,  2(a)(2) Mar. 13, 2002 116 Stat. 74 Pub. L. 107273, div. C, title I,  11018(c) Nov. 2, 2002 116 Stat. 1825 Pub. L. 10877, title IV,  402(b) Sept. 3, 2003 117 Stat. 940 Pub. L. 108193 Dec. 19, 2003 117 Stat. 2879 Pub. L. 108447, div. J, title IV Dec. 8, 2004 118 Stat. 33533355 Pub. L. 108449,  1(b)(2) Dec. 10, 2004 118 Stat. 3470 Pub. L. 108458, title V Dec. 17, 2004 118 Stat. 3740 Pub. L. 10913, div. B, title I May 11, 2005 119 Stat. 306309 Pub. L. 109162, title VIII,  802 Jan. 5, 2006 119 Stat. 3054 Pub. L. 109271,  6(b) Aug. 12, 2006 120 Stat. 762 Pub. L. 110161, div. J, title VI,  691(a) Dec. 26, 2007 121 Stat. 2364 Pub. L. 110229, title VII,  702(b)(2) May 8, 2008 122 Stat. 860 Pub. L. 110293, title III,  305 July 30, 2008 122 Stat. 2963 Pub. L. 110340,  2(b) Oct. 3, 2008 122 Stat. 3736 Pub. L. 110457, title II Dec. 23, 2008 122 Stat. 5071 Pub. L. 111122,  3(b) Dec. 22, 2009 123 Stat. 3481 Pub. L. 111287,  2 Nov. 30, 2010 124 Stat. 3058 Pub. L. 1134, title VIII,  804 Mar. 7, 2013 127 Stat. 111  Amendment of Section For termination of amendment by section 107(c) of Pub. L. 10877 Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 3(a) of the Torture Victim Protection Act of 1991, referred to in subsec. (a)(3)(E)(iii)(II), is section 3(a) of Pub. L. 102256 section 1350 of Title 28 Section 301 of the Immigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), is section 301 of Pub. L. 101649 section 1255a of this title Section 112 of the Immigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), is section 112 of Pub. L. 101649 section 1153 of this title Section 1184( l l Pub. L. 104208, div. C, title VI,  625(a)(1) Sept. 30, 1996 110 Stat. 3009699 Pub. L. 106386, div. A,  107(e)(2)(A) Oct. 28, 2000 114 Stat. 1478 The Social Security Act, referred to in subsec. (m)(6)(B), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Codification Subsection (j)(3), which required the Director of the United States Information Agency to transmit an annual report to Congress on aliens submitting affidavits described in subsection (j)(1)(E) of this section, terminated, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Amendments 2013Subsec. (a)(4)(E). Pub. L. 1134 2010Subsec. (a)(1)(C)(ii). Pub. L. 111287 section 1101(b)(1) of this title section 1101(b)(1)(F) of this title 2009Subsec. (a)(3)(E)(ii). Pub. L. 111122 2008Subsec. (a)(1)(A)(i). Pub. L. 110293 Subsec. (a)(2)(H)(i). Pub. L. 110457 section 7108(b) of title 22 Subsec. (a)(3)(G). Pub. L. 110340 Subsec. (a)(7)(B)(iii). Pub. L. 110229,  702(b)(2) l Subsec. (d)(7). Pub. L. 110229,  702(d) Subsec. ( l Pub. L. 110229,  702(b)(3) l l 2007Subsec. (a)(3)(B)(ii). Pub. L. 110161,  691(c) Subsec. (d)(3)(B)(i). Pub. L. 110161,  691(a) section 1229a of this title 2006Subsec. (a)(4)(C)(i)(I). Pub. L. 109271,  6(b)(1)(A)(i) Subsec. (a)(4)(C)(i)(III). Pub. L. 109271,  6(b)(1)(A)(ii) Subsec. (a)(6)(A)(ii)(I). Pub. L. 109271,  6(b)(1)(B) section 1154(a)(1) of this title Subsec. (a)(9)(B)(iii)(V). Pub. L. 109162,  802(a) Subsec. (a)(9)(C)(ii). Pub. L. 109271,  6(b)(1)(C) section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title (1) the aliens having been battered or subjected to extreme cruelty; and (2) the aliens (A) removal; (B) departure from the United States; (C) reentry or reentries into the United States; or (D) attempted reentry into the United States. Subsec. (a)(9)(C)(iii). Pub. L. 109271,  6(b)(1)(C) Subsec. (d)(13), (14). Pub. L. 109162,  802(b) Subsec. (g)(1)(C). Pub. L. 109271,  6(b)(2) section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title Subsec. (h)(1)(C). Pub. L. 109271,  6(b)(3) section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title Subsec. (i)(1). Pub. L. 109271,  6(b)(4) section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title 2005Subsec. (a)(3)(B)(i). Pub. L. 10913,  103(a) Subsec. (a)(3)(B)(iv). Pub. L. 10913,  103(b) Subsec. (a)(3)(B)(vi). Pub. L. 10913,  103(c) (I) designated under section 1189 of this title (II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activities described in subclause (I), (II), or (III) of clause (iv), or that the organization provides material support to further terrorist activity; or (III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv). Subsec. (d)(3). Pub. L. 10913,  104 Subsec. (t). Pub. L. 10913,  501(d)(1) section 1101(a)(15)(E)(iii) of this title Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II). Pub. L. 10913,  501(d)(2) 2004Subsec. (a)(2)(G). Pub. L. 108458,  5502(a) section 6402 of title 22 Subsec. (a)(3)(E). Pub. L. 108458,  5501(a)(3) Subsec. (a)(3)(E)(ii). Pub. L. 108458,  5501(a)(1) section 1091(a) of title 18 Subsec. (a)(3)(E)(iii). Pub. L. 108458,  5501(a)(2) Subsec. (d)(3)(A), (B). Pub. L. 108458,  5503 Subsec. (n)(1)(E)(ii). Pub. L. 108447,  422(a) October 1, 2003 Subsec. (n)(2)(G). Pub. L. 108447,  424(a)(1) Subsec. (n)(2)(H), (I). Pub. L. 108447,  424(b) Subsec. (p). Pub. L. 108449,  1(b)(2)(A) Pub. L. 10877,  402(b)(1) Subsec. (p)(3), (4). Pub. L. 108447,  423 Subsec. (s). Pub. L. 108449,  1(b)(2)(A) Pub. L. 10877,  402(b)(1) Subsec. (t). Pub. L. 108449,  1(b)(2)(B) 2003Subsec. (d)(13). Pub. L. 108193,  8(a)(2) section 1101(a)(15)(U) of this title Subsec. (d)(13)(A). Pub. L. 108193,  4(b)(4)(A) Subsec. (d)(13)(B)(i). Pub. L. 108193,  4(b)(4)(B)(i) Subsec. (d)(13)(B)(ii). Pub. L. 108193,  4(b)(4)(B)(ii) Subsec. (d)(14). Pub. L. 108193,  8(a)(2) section 1101(a)(15)(U) of this title Subsec. (p). Pub. L. 10877 Subsec. (p)(1). Pub. L. 10877 Subsec. (s). Pub. L. 10877 Subsec. (t). Pub. L. 10877 2002Subsec. (a)(4)(C)(ii). Pub. L. 107150 section 1183a(f) of this title section 1183a(f) of this title Subsec. (e). Pub. L. 107273 l 2001Subsec. (a)(2)(I). Pub. L. 10756,  1006(a) Subsec. (a)(3)(B)(i)(II). Pub. L. 10756,  411(a)(1)(C) Subsec. (a)(3)(B)(i)(IV). Pub. L. 10756,  411(a)(1)(A)(i) section 1189 of this title Subsec. (a)(3)(B)(i)(V). Pub. L. 10756,  411(a)(1)(A)(ii) section 1189 of this title Subsec. (a)(3)(B)(i)(VI), (VII). Pub. L. 10756,  411(a)(1)(A)(iii) Subsec. (a)(3)(B)(ii). Pub. L. 10756,  411(a)(1)(D) Subsec. (a)(3)(B)(iii). Pub. L. 10756,  411(a)(1)(E)(i) Pub. L. 10756,  411(a)(1)(B) Subsec. (a)(3)(B)(iii)(V)(b). Pub. L. 10756,  411(a)(1)(E)(ii) Subsec. (a)(3)(B)(iv). Pub. L. 10756,  411(a)(1)(F) (I) The preparation or planning of a terrorist activity. (II) The gathering of information on potential targets for terrorist activity. (III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity. (IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization. (V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity. Pub. L. 10756,  411(a)(1)(B) Subsec. (a)(3)(B)(v). Pub. L. 10756,  411(a)(1)(B) Subsec. (a)(3)(B)(vi). Pub. L. 10756,  411(a)(1)(G) Subsec. (a)(3)(F). Pub. L. 10756,  411(a)(2) 2000Subsec. (a)(2)(H). Pub. L. 106386,  111(d) Subsec. (a)(5)(A)(iv). Pub. L. 106313,  106(c)(2) Subsec. (a)(6)(C)(ii). Pub. L. 106395,  201(b)(2) section 1324a of this title Subsec. (a)(7)(B)(iv). Pub. L. 106396 Subsec. (a)(9)(C)(ii). Pub. L. 106386,  1505(a) section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title Subsec. (a)(10)(D). Pub. L. 106395,  201(b)(1) Subsec. (d)(13). Pub. L. 106386,  1513(e) section 1101(a)(15)(U) of this title Pub. L. 106386,  107(e)(3) section 1101(a)(15)(T) of this title Subsec. (g)(1)(C). Pub. L. 106386,  1505(d) Subsec. (h)(1)(C). Pub. L. 106386,  1505(e) Subsec. (i)(1). Pub. L. 106386,  1505(c)(1) section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title Subsec. (n)(1)(E)(ii). Pub. L. 106313,  107(a) October 1, 2003 October 1, 2001 Subsec. (p). Pub. L. 106386,  1505(f) 1999Subsec. (a)(2)(C). Pub. L. 106120 Subsec. (a)(5)(C). Pub. L. 10695,  4(a)(2) Subsec. (m). Pub. L. 10695,  2(b) Subsec. (r). Pub. L. 10695,  4(a)(1) 1998Subsec. (a)(2)(G). Pub. L. 105292 Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105277,  2226(a) Subsec. (n)(1). Pub. L. 105277,  412(b)(2) section 1101(a)(15)(H)(i)(b) of this title Pub. L. 105277,  412(a)(2) Subsec. (n)(1)(A)(i). Pub. L. 105277,  412(b)(2) section 1101(a)(15)(H)(i)(b) of this title Subsec. (n)(1)(C)(ii). Pub. L. 105277,  412(c) Subsec. (n)(1)(E) to (G). Pub. L. 105277,  412(a)(1) Subsec. (n)(2)(A). Pub. L. 105277,  413(b)(2) Subsec. (n)(2)(C). Pub. L. 105277,  413(a) (i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate, and (ii) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 1 year for aliens to be employed by the employer. Subsec. (n)(2)(E). Pub. L. 105277,  413(c) Subsec. (n)(2)(F). Pub. L. 105277,  413(d) Subsec. (n)(2)(G). Pub. L. 105277,  413(e) Subsec. (n)(2)(H). Pub. L. 105277,  413(f) Subsec. (n)(3), (4). Pub. L. 105277,  412(b)(1) Subsec. (n)(5). Pub. L. 105277,  413(b)(1) Subsec. (p). Pub. L. 105277,  415(a) Subsec. (q). Pub. L. 105277,  431(a) 1997Subsec. (a)(1)(A)(ii). Pub. L. 10573,  1(1) Subsec. (a)(1)(C). Pub. L. 10573,  1(2) 1996 Pub. L. 104208,  308(d)(1)(A) Subsec. (a). Pub. L. 104208,  308(d)(1)(C) Pub. L. 104208,  308(d)(1)(B) Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104208,  341(a) Subsec. (a)(2)(B). Pub. L. 104208,  322(a)(2)(B) Subsec. (a)(2)(D)(i), (ii). Pub. L. 104208,  308(f)(1)(C) Subsec. (a)(3)(B)(i)(I). Pub. L. 104132,  411(1)(A) Subsec. (a)(3)(B)(i)(II). Pub. L. 104132,  411(1)(B) Subsec. (a)(3)(B)(i)(III). Pub. L. 104208,  342(a)(2) Pub. L. 104132,  411(1)(C) Subsec. (a)(3)(B)(i)(IV). Pub. L. 104208,  355 Pub. L. 104208,  342(a)(1) Pub. L. 104132,  411(1)(C) Subsec. (a)(3)(B)(i)(V). Pub. L. 104208,  342(a)(1) Subsec. (a)(3)(B)(iii)(III). Pub. L. 104208,  342(a)(3) Subsec. (a)(3)(B)(iv). Pub. L. 104132,  411(2) Subsec. (a)(4). Pub. L. 104208,  531(a) Pub. L. 104208,  305(c) Subsec. (a)(5)(A)(iii). Pub. L. 104208,  624(a) Subsec. (a)(5)(C). Pub. L. 104208,  343(2) Pub. L. 104208,  308(d)(1)(D) Subsec. (a)(5)(D). Pub. L. 104208,  343(1) Subsec. (a)(6)(A). Pub. L. 104208,  301(c)(1) Subsec. (a)(6)(B). Pub. L. 104208,  301(c)(1) (i) has been arrested and deported, (ii) has fallen into distress and has been removed pursuant to this chapter or any prior Act, (iii) has been removed as an alien enemy, or (iv) has been removed at Government expense in lieu of deportation pursuant to section 1252(b) of this title and (a) who seeks admission within 5 years of the date of such deportation or removal, or (b) who seeks admission within 20 years in the case of an alien convicted of an aggravated felony, is excludable, unless before the date of the aliens 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 aliens applying or reapplying for admission. Subsec. (a)(6)(C)(i). Pub. L. 104208,  308(f)(1)(D) Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104208,  344(a) Subsec. (a)(6)(F). Pub. L. 104208,  345(a)(1) section 1324c of this title Subsec. (a)(6)(G). Pub. L. 104208,  346(a) Subsec. (a)(9). Pub. L. 104208,  301(b)(1) Subsec. (a)(10). Pub. L. 104208,  301(b)(1) Subsec. (a)(10)(B). Pub. L. 104208,  308(c)(2)(B) section 1227(e) of this title Subsec. (a)(10)(D). Pub. L. 104208,  347(a) Subsec. (a)(10)(E). Pub. L. 104208,  352(a) Subsec. (b). Pub. L. 104208,  308(d)(1)(F) Pub. L. 104132,  412(1) Pub. L. 104208,  308(d)(1)(E) Pub. L. 104132,  412 Subsec. (c). Pub. L. 104208,  304(b) section 1181(b) of this title section 1227(a)(2)(A)(ii) of this title section 1227(a)(2)(A)(i) of this title Pub. L. 104132,  440(d)(2) Pub. L. 104208 section 1227(a)(2)(A)(ii) of this title section 1227(a)(2)(A)(i) of this title Pub. L. 104132,  440(d)(1) Subsec. (d)(1). Pub. L. 104208,  308(e)(1)(B) Pub. L. 104208,  308(d)(1)(D) Subsec. (d)(3). Pub. L. 104208,  308(d)(1)(E) Subsec. (d)(4). Pub. L. 104208,  308(g)(1) Subsec. (d)(5)(A). Pub. L. 104208,  602(a) Subsec. (d)(7). Pub. L. 104208,  308(g)(4)(B) Pub. L. 104208,  308(e)(2)(A) Pub. L. 104208,  308(d)(1)(G) Subsec. (d)(11). Pub. L. 104208,  671(e)(3) Pub. L. 104208,  351(a) Pub. L. 104208,  308(e)(1)(C) Subsec. (d)(12). Pub. L. 104208,  345(a)(2) Subsec. (e). Pub. L. 104208,  622(b) Subsec. (f). Pub. L. 104208,  124(b)(1) Subsec. (g). Pub. L. 104208,  341(b) (2) subsection (a)(1)(A)(ii) of this section in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe. Subsec. (h). Pub. L. 104208,  348(a) Pub. L. 104208,  308(g)(10)(A) section 1229b(a) of this title Subsec. (h)(1)(A)(i). Pub. L. 104208,  308(f)(1)(E) Pub. L. 104208,  308(d)(1)(E) Subsec. (h)(1)(B). Pub. L. 104208,  308(d)(1)(H) Subsec. (i). Pub. L. 104208,  349 (1) in the case of an immigrant who is the spouse, parent, or son or daughter of a United States citizen or of an immigrant lawfully admitted for permanent residence, or (2) if the fraud or misrepresentation occurred at least 10 years before the date of the immigrants application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such immigrant would not be contrary to the national welfare, safety, or security of the United States. Subsec. (j)(1)(D). Pub. L. 104208,  308(f)(1)(F) Subsec. (j)(1)(D)(ii). Pub. L. 104208,  308(f)(3)(A) Subsec. (k). Pub. L. 104208,  308(d)(1)(E) Pub. L. 104208,  308(d)(1)(D) Subsec. ( l Pub. L. 104208,  308(e)(6) 1994Subsec. (a)(2)(A)(i)(I). Pub. L. 103416,  203(a)(1) Subsec. (a)(2)(A)(i)(II). Pub. L. 103416,  203(a)(2) Subsec. (a)(5)(C). Pub. L. 103416,  219(z)(5) Pub. L. 102232,  307(a)(6) Subsec. (d)(1). Pub. L. 103322 Subsec. (d)(11). Pub. L. 103416,  219(e) Subsec. (e). Pub. L. 103416,  220(a) section 1184(k) of this title Subsec. (h). Pub. L. 103416,  203(a)(3) Subsec. (n)(1)(A)(i). Pub. L. 103416,  219(z)(1) Pub. L. 102232,  303(a)(7)(B)(i) Subsec. ( o Pub. L. 103317,  506(a) o (1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or (2) the alien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986 at any date, who (A) as of May 5, 1988 (B) entered the United States before May 5, 1988 May 5, 1988 (C) applied for benefits under section 301(a) of the Immigration Act of 1990. See Effective and Termination Dates of 1994 Amendment note below. 1993Subsec. (a)(1)(A)(i). Pub. L. 10343 1991Subsec. (a)(1)(A)(ii)(II). Pub. L. 102232,  307(a)(1) Subsec. (a)(3)(A)(i). Pub. L. 102232,  307(a)(2) Subsec. (a)(3)(B)(iii)(III). Pub. L. 102232,  307(a)(3) Subsec. (a)(3)(C)(iv). Pub. L. 102232,  307(a)(5) Subsec. (a)(3)(D)(iv). Pub. L. 102232,  307(a)(4) Subsec. (a)(5). Pub. L. 102232,  302(e)(6) Pub. L. 101649,  162(e)(1) Subsec. (a)(5)(C). Pub. L. 102232,  307(a)(6) Pub. L. 103416,  219(z)(5) section 1153(b) of this title section 1153(a) of this title section 1153(a)(7) of this title Subsec. (a)(6)(B). Pub. L. 102232,  307(a)(7) Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102232,  307(a)(8) Subsec. (a)(8)(B). Pub. L. 102232,  307(a)(9) Subsec. (a)(9)(C)(i). Pub. L. 102232,  307(a)(10)(A) Subsec. (a)(9)(C)(ii). Pub. L. 102232,  307(a)(10)(B) Subsec. (a)(17). Pub. L. 102232,  306(a)(12) Pub. L. 101649,  514(a) Subsec. (c). Pub. L. 102232,  307(b) Pub. L. 102232,  306(a)(10) Subsec. (d)(3). Pub. L. 102232,  307(c) Subsec. (d)(11). Pub. L. 102232,  307(d) section 1153(a) of this title section 1181(b) of this title Subsec. (g)(1). Pub. L. 102232,  307(e) Subsec. (h). Pub. L. 102232,  307(f)(1) Subsec. (h)(1). Pub. L. 102232,  307(f)(2) Subsec. (i). Pub. L. 102232,  307(g) Subsec. (j)(1)(D). Pub. L. 102232,  309(b)(7) Subsec. (j)(2). Pub. L. 102232,  303(a)(5)(B) Dec. 31, 1983 Subsec. (j)(3). Pub. L. 102232,  309(b)(7) Subsec. (m)(2)(A). Pub. L. 102232,  302(e)(9) Subsec. (n)(1). Pub. L. 102232,  303(a)(7)(B)(ii) Subsec. (n)(1)(A)(i). Pub. L. 102232,  303(a)(7)(B)(i) Pub. L. 103416,  219(z)(1) section 1101(a)(15)(H)(i)(b) of this title Subsec. (n)(1)(A)(ii). Pub. L. 102232,  303(a)(6) Subsec. (n)(1)(D). Pub. L. 102232,  303(a)(7)(B)(iii) Subsec. (n)(2)(C). Pub. L. 102232,  303(a)(7)(B)(iv) Subsec. (n)(2)(D). Pub. L. 102232,  303(a)(7)(B)(v) 1990Subsec. (a). Pub. L. 101649,  601(a) Pub. L. 101649,  514(a) Pub. L. 102232,  306(a)(12) Pub. L. 101649,  162(e)(1) section 1153(b) of this title section 1153(b) of this title Pub. L. 102232,  302(e)(6) Pub. L. 101246,  131(a) section 1101(h) of this title Subsec. (b). Pub. L. 101649,  601(b) Subsec. (c). Pub. L. 101649,  601(d)(1) Pub. L. 101649,  511(a) Subsec. (d)(1), (2). Pub. L. 101649,  601(d)(2)(A) Subsec. (d)(3). Pub. L. 101649,  601(d)(2)(B) Subsec. (d)(4). Pub. L. 101649,  601(d)(2)(C) Subsec. (d)(5)(A). Pub. L. 101649,  202(b) section 1184(f) of this title Subsec. (d)(6). Pub. L. 101649,  601(d)(2)(A) Subsec. (d)(7). Pub. L. 101649,  601(d)(2)(D) Subsec. (d)(8). Pub. L. 101649,  601(d)(2)(E) Subsec. (d)(9), (10). Pub. L. 101649,  601(d)(2)(A) Subsec. (d)(11). Pub. L. 101649,  601(d)(2)(F) Subsec. (g). Pub. L. 101649,  601(d)(3) Subsec. (h). Pub. L. 101649,  601(d)(4) Pub. L. 101246,  131(c) Subsec. (i). Pub. L. 101649,  601(d)(5) Subsec. (k). Pub. L. 101649,  601(d)(6) Subsec. ( l Pub. L. 101649,  601(d)(7) Subsec. (m)(2)(A). Pub. L. 101649,  162(f)(2)(B) Subsec. (n). Pub. L. 101649,  205(c)(3) 1989Subsec. (m). Pub. L. 101238 1988Subsec. (a)(17). Pub. L. 100690 Subsec. (a)(19). Pub. L. 100525,  7(c)(1) Pub. L. 99639,  6(a) Subsec. (a)(32). Pub. L. 100525,  9(i)(1) Subsec. (d)(4). Pub. L. 100525,  8(f) Pub. L. 99653,  7(d)(2) Subsec. (e). Pub. L. 100525,  9(i)(2) Subsec. (g). Pub. L. 100525,  9(i)(3) Subsec. (h). Pub. L. 100525,  9(i)(4) Subsec. (i). Pub. L. 100525,  7(c)(3) Pub. L. 99639,  6(b) Subsec. ( l Pub. L. 100525,  3(1)(A) Pub. L. 99396,  14(a) 1987Subsec. (a)(23). Pub. L. 100204 section 802 of title 21 1986Subsec. (a)(19). Pub. L. 99639,  6(a) Pub. L. 100525,  7(c)(1) Subsec. (a)(23). Pub. L. 99570 section 802 of title 21 Subsec. (a)(24). Pub. L. 99653 section 1101(a)(27)(A) of this title Subsec. (d)(4). Pub. L. 99653,  7(d)(2) Pub. L. 100525,  8(f) section 1228(c) of this title section 1228(d) of this title Subsec. (i). Pub. L. 99639,  6(b) Pub. L. 100525,  7(c)(3) Subsec. ( l Pub. L. 99396,  14(a) Pub. L. 100525,  3(1)(A) l 1984Subsec. (a)(9). Pub. L. 98473 section 1(3) of title 18 section 1(2) of title 18 Provided Subsec. ( l Pub. L. 98454 l 1981Subsec. (a)(17). Pub. L. 97116,  4(1) section 1252(b) of this title Subsec. (a)(32). Pub. L. 97116 Jan. 9, 1978 Subsec. (d)(6). Pub. L. 97116,  4(2) Subsec. (h). Pub. L. 97116,  4(3) Subsec. (j)(1). Pub. L. 97116,  5(b)(1) Subsec. (j)(1)(A). Pub. L. 97116,  5(b)(3) Subsec. (j)(1)(B). Pub. L. 97116,  5(a)(2) Jan. 9, 1978 Subsec. (j)(1)(C). Pub. L. 97116,  5(b)(2) Subsec. (j)(1)(D). Pub. L. 97116,  5(b)(5) Subsec. (j)(1)(E). Pub. L. 97116,  5(b)(6) Subsec. (j)(2)(A). Pub. L. 97116,  5(b)(7)(C) Subsec. (j)(2)(B). Pub. L. 97116,  5(b)(7)(G) Subsec. (j)(2)(C). Pub. L. 97116,  5(b)(7)(G) Subsec. (j)(3). Pub. L. 97116,  5(b)(8) Subsec. (k). Pub. L. 97116,  18(e)(2) 1980Subsec. (a)(14), (32). Pub. L. 96212,  203(d) Subsec. (d)(5). Pub. L. 96212,  203(f) Subsec. (j)(2)(A). Pub. L. 96538 December 30, 1981 December 30, 1980 1979Subsec. (d)(9), (10). Pub. L. 9670 1978Subsec. (a)(33). Pub. L. 95549,  101 Subsec. (d)(3). Pub. L. 95549,  102 1977Subsec. (a)(32). Pub. L. 9583,  307(q)(1) section 1101(a)(27)(A) of this title Subsec. (j)(1)(B). Pub. L. 9583,  307(q)(2)(A) Subsec. (j)(1)(C). Pub. L. 9583,  307(q)(2)(B) Subsec. (j)(1)(D). Pub. L. 9583,  307(q)(2)(C) Subsec. (j)(2)(A). Pub. L. 9583,  307(q)(2)(D) 1976Subsec. (a)(14). Pub. L. 94571,  5 section 1101(a)(27)(A) of this title Subsec. (a)(24). Pub. L. 94571,  7(d) section 1101(a)(27)(A) of this title Subsec. (a)(32). Pub. L. 94484,  601(a) Subsec. (e). Pub. L. 94484,  601(c) Subsec. (j). Pub. L. 94484,  601(d) 1970Subsec. (e). Pub. L. 91225 section 1101(a)(15)(L) of this title 1965Subsec. (a)(1). Pub. L. 89236,  15(a) Subsec. (a)(4). Pub. L. 89236,  15(b) Subsec. (a)(14). Pub. L. 89236,  10(a) Subsec. (a)(20). Pub. L. 89236,  10(b) Subsec. (a)(21). Pub. L. 89236,  10(c) Subsec. (a)(24). Pub. L. 89236,  10(d) section 1101(a)(27) of this title section 1101(a)(27)(B) of this title Subsec. (g). Pub. L. 89236,  15(c) Subsecs. (h), (i). Pub. L. 89236,  15(c) 1961Subsec. (a)(6). Pub. L. 87301,  11 Subsec. (a)(9). Pub. L. 87301,  13 section 1(3) of title 18 section 1(2) of title 18 Subsecs. (e), (f). Pub. L. 87256 Subsecs. (g) to (i). Pub. L. 87301 1960Subsec. (a). Pub. L. 86648 1959Subsec. (d). Pub. L. 863 section 8(a)(1) of the act of March 24, 1934 1958Subsec. (d)(7). Pub. L. 85508 1956Subsec. (a)(23). Act July 18, 1956 Statutory Notes and Related Subsidiaries  Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 Effective Date of 2008 Amendment Pub. L. 111122,  3(c) Dec. 22, 2009 123 Stat. 3481 The amendments made by subsections (b), (c), and (d) of the Child Soldiers Accountability Act of 2008 ( Public Law 110340 section 2 of Public Law 110340 section 1227 of this title Oct. 3, 2008 Amendment by Pub. L. 110229 section 1806 of Title 48 section 705(b) of Pub. L. 110229 section 1806 of Title 48 Effective Date of 2007 Amendment Pub. L. 110161, div. J, title VI,  691(f) Dec. 26, 2007 121 Stat. 2366  The amendments made by this section [amending this section] shall take effect on the date of enactment of this section [ Dec. 26, 2007 8 U.S.C. 1182(a)(3)(B) (1) removal proceedings instituted before, on, or after the date of enactment of this section; and (2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. Effective Date of 2005 Amendment Pub. L. 10913, div. B, title I,  103(d) May 11, 2005 119 Stat. 308  The amendments made by this section [amending this section] shall take effect on the date of the enactment of this division [ May 11, 2005 8 U.S.C. 1182(a)(3)(B) (1) removal proceedings instituted before, on, or after the date of the enactment of this division; and (2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. Effective Date of 2004 Amendment Pub. L. 108458, title V,  5501(c) Dec. 17, 2004 118 Stat. 3740 The amendments made by this section [amending this section and section 1227 of this title Dec. 17, 2004 Pub. L. 108447, div. J, title IV,  424(a)(2) Dec. 8, 2004 118 Stat. 3355 The amendment made by paragraph (1) [amending this section] shall take effect as if enacted on October 1, 2003 Pub. L. 108447, div. J, title IV,  430 Dec. 8, 2004 118 Stat. 3361  (a)  In General Except as provided in subsection (b), this subtitle [subtitle B ( 421430) of title IV of div. J of Pub. L. 108447 section 1381 of this title section 2916a of Title 29 section 1869c of Title 42 Dec. 8, 2004 (b)  Exceptions The amendments made by sections 422(b), 426(a), and 427 [amending sections 1184 and 1356 of this title] shall take effect upon the date of enactment of this Act [ Dec. 8, 2004 Effective and Termination Dates of 2003 Amendment Amendment by Pub. L. 10877 Jan. 1, 2004 section 107 of Pub. L. 10877 section 3805 of Title 19 Effective Date of 2002 Amendment Pub. L. 107273, div. C, title I,  11018(d) Nov. 2, 2002 116 Stat. 1825 The amendments made by this section [amending this section, section 1184 of this title May 31, 2002 Pub. L. 107150,  2(b) Mar. 13, 2002 116 Stat. 75  The amendments made by subsection (a) [amending this section and section 1183a of this title Mar. 13, 2002 (1) the sponsored alien (A) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (B) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act ( 8 U.S.C. 1182(a)(4)(C)(ii) (2) the Attorney General reinstates such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act [ 8 U.S.C. 1183a(f)(5)(B)(ii) Effective Date of 2001 Amendment Pub. L. 10756, title IV,  411(c) Oct. 26, 2001 115 Stat. 348  (1)  In general Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections 1158, 1189, and 1227 of this title] shall take effect on the date of the enactment of this Act [ Oct. 26, 2001 (A) actions taken by an alien before, on, or after such date; and (B) all aliens, without regard to the date of entry or attempted entry into the United States (i) in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date); or (ii) seeking admission to the United States on or after such date. (2)  Special rule for aliens in exclusion or deportation proceedings Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as amended by this Act [ 8 U.S.C. 1182(a)(3)(B) Oct. 26, 2001 (3)  Special rule for section 219 organizations and organizations designated under section (A)  In general Notwithstanding paragraphs (1) and (2), no alien shall be considered inadmissible under section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) 8 U.S.C. 1227(a)(4)(B) 8 U.S.C. 1189 (B)  Statutory construction Subparagraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity (i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization at any time when such organization was designated by the Secretary of State under section 219 of such Act or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended); or (ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of such Act (as so amended). (4)  Exception The Secretary of State, in consultation with the Attorney General, may determine that the amendments made by this section shall not apply with respect to actions by an alien taken outside the United States before the date of the enactment of this Act [ Oct. 26, 2001 [Another section 411(c) of Pub. L. 10756 section 1189 of this title Effective Date of 2000 Amendment Pub. L. 106395, title II,  201(b)(3) Oct. 30, 2000 114 Stat. 1634 The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104208 110 Stat. 3009638 September 30, 1996 Public Law 104208 110 Stat. 3009637 September 30, 1996 8 U.S.C. 1101 September 30, 1996 Effective Date of 1999 Amendment Pub. L. 10695,  2(e) Nov. 12, 1999 113 Stat. 1317 Pub. L. 109423,  2(2) Dec. 20, 2006 120 Stat. 2900  The amendments made by this section [amending this section and section 1101 of this title (1) beginning on the date that interim or final regulations are first promulgated under subsection (d) [set out as a note below]; and (2) ending on the date that is 3 years after the date of the enactment of the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 [ Dec. 20, 2006 [ Pub. L. 109423,  3 Dec. 20, 2006 120 Stat. 2900 The requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection or publication in the Federal Register, shall not apply to any action to implement the amendments made by section 2 [amending provisions set out as a note above] to the extent the Secretary Homeland of Security [sic], the Secretary of Labor, or the Secretary of Health and Human Services determines that compliance with any such requirement would impede the expeditious implementation of such amendments. Pub. L. 10695,  4(b) Nov. 12, 1999 113 Stat. 1318 The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 12, 1999 Effective and Termination Dates of 1998 Amendment Pub. L. 105292, title VI,  604(b) Oct. 27, 1998 112 Stat. 2814 The amendment made by subsection (a) [amending this section] shall apply to aliens seeking to enter the United States on or after the date of the enactment of this Act [ Oct. 27, 1998 Pub. L. 105277, div. C, title IV,  412(d) Oct. 21, 1998 112 Stat. 2681645 The amendments made by subsection (a) [amending this section] apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act [subsec. (n)(1) of this section] on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) [amending this section] take effect on the date of the enactment of this Act [ Oct. 21, 1998 Dec. 19, 2000 Dec. 20, 2000 Jan. 19, 2001 Pub. L. 105277, div. C, title IV,  413(e)(2) Oct. 21, 1998 112 Stat. 2681651 Pub. L. 106313, title I,  107(b) Oct. 17, 2000 114 Stat. 1255 The amendment made by paragraph (1) [amending this section] shall cease to be effective on September 30, 2003 Pub. L. 105277, div. C, title IV,  415(b) Oct. 21, 1998 112 Stat. 2681655  The amendment made by subsection (a) [amending this section] applies to prevailing wage computations made (1) for applications filed on or after the date of the enactment of this Act [ Oct. 21, 1998 (2) for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date. Pub. L. 105277, div. C, title IV,  431(b) Oct. 21, 1998 112 Stat. 2681658 The amendment made by subsection (a) [amending this section] shall apply to activities occurring on or after the date of the enactment of this Act [ Oct. 21, 1998 Pub. L. 105277, div. G Oct. 21, 1998 112 Stat. 2681821 The amendment made by subsection (a) [amending this section] shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act [ Oct. 21, 1998 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title III,  301(b)(3) Sept. 30, 1996 110 Stat. 3009578 In applying section 212(a)(9)(B) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(9)(B) section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  301(c)(2) Sept. 30, 1996 110 Stat. 3009579 The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(6)(A)(ii)(II) section 1101 of this title Pub. L. 104208, div. C, title III,  306(d) Sept. 30, 1996 110 Stat. 3009612 Pub. L. 104132 Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d), and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6), (f)(1)(C)(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of Pub. L. 104208 Sept. 30, 1996 section 301 of Pub. L. 101649 section 1255a of this title Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 322(a) of Pub. L. 104208 Sept. 30, 1996 section 322(c) of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  341(c) Sept. 30, 1996 110 Stat. 3009636 The amendments made by this section [amending this section] shall apply with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996 Pub. L. 104208, div. C, title III,  342(b) Sept. 30, 1996 110 Stat. 3009636 The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title III,  344(c) Sept. 30, 1996 110 Stat. 3009637 The amendments made by this section [amending this section and section 1251 [now 1227] of this title] shall apply to representations made on or after the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title III,  346(b) Sept. 30, 1996 110 Stat. 3009638 The amendment made by subsection (a) [amending this section] shall apply to aliens who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(F) Sept. 30, 1996 Pub. L. 104208, div. C, title III,  347(c) Sept. 30, 1996 110 Stat. 3009639 The amendments made by this section [amending this section and section 1251 of this title Sept. 30, 1996 Pub. L. 104208, div. C, title III,  348(b) Sept. 30, 1996 110 Stat. 3009639 The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title III,  351(c) Sept. 30, 1996 110 Stat. 3009640 The amendments made by this section [amending this section and section 1251 of this title Sept. 30, 1996 Pub. L. 104208, div. C, title III,  352(b) Sept. 30, 1996 110 Stat. 3009641 The amendment made by subsection (a) [amending this section] shall apply to individuals who renounce United States citizenship on and after the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title III,  358 Sept. 30, 1996 110 Stat. 3009644 The amendments made by this subtitle [subtitle D ( 354358) of title III of div. C of Pub. L. 104208 Public Law 104132 Pub. L. 104208, div. C, title V,  531(b) Sept. 30, 1996 110 Stat. 3009675 The amendment made by subsection (a) [amending this section] shall apply to applications submitted on or after such date, not earlier than 30 days and not later than 60 days after the date the Attorney General promulgates under section 551(c)(2) of this division [set out as a note under section 1183a of this title 8 U.S.C. 1182(a)(4)(C) Effective and Termination Dates of 1994 Amendment Pub. L. 103416, title II,  203(c) Oct. 25, 1994 108 Stat. 4311 The amendments made by this section [amending this section and section 1251 of this title Oct. 25, 1994 Amendment by section 219(e) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Pub. L. 103416, title II,  219(z) Oct. 25, 1994 108 Stat. 4318 Pub. L. 102232 Pub. L. 103416, title II,  220(c) Oct. 25, 1994 108 Stat. 4320 Pub. L. 104208, div. C, title VI,  622(a) Sept. 30, 1996 110 Stat. 3009695 Pub. L. 107273, div. C, title I,  11018(b) Nov. 2, 2002 116 Stat. 1825 Pub. L. 108441,  1(a)(1) Dec. 3, 2004 118 Stat. 2630 Pub. L. 109477,  2 Jan. 12, 2007 120 Stat. 3572 Pub. L. 110362,  1 Oct. 8, 2008 122 Stat. 4013 Pub. L. 1119,  2 Mar. 20, 2009 123 Stat. 989 Pub. L. 11183, title V,  568(b) Oct. 28, 2009 123 Stat. 2186 Pub. L. 112176,  4 Sept. 28, 2012 126 Stat. 1325 The amendments made by this section [amending this section and section 1184 of this title 8 U.S.C. 1101(a)(15)(J) Oct. 25, 1994 September 30, 2015 [ Pub. L. 117328, div. O, title III,  304 Dec. 29, 2022 136 Stat. 5228 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2023 September 30, 2015 [ Pub. L. 117103, div. O, title II,  203 Mar. 15, 2022 136 Stat. 788 Subclauses [sic; probably should be Section] 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2022 September 30, 2015 [ Pub. L. 116260, div. O, title I,  103 Dec. 27, 2020 134 Stat. 2148 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2021 September 30, 2015 [ Pub. L. 11694, div. I, title I,  103 Dec. 20, 2019 133 Stat. 3019 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2020 September 30, 2015 [ Pub. L. 1166, div. H, title I,  103 Feb. 15, 2019 133 Stat. 475 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2019 September 30, 2015 [ Pub. L. 115141, div. M, title II,  203 Mar. 23, 2018 132 Stat. 1049 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2018 September 30, 2015 [ Pub. L. 11531, div. F, title V,  541 May 5, 2017 131 Stat. 432 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2017 September 30, 2015 [ Pub. L. 114113, div. F, title V,  574 Dec. 18, 2015 129 Stat. 2526 Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 8 U.S.C. 1182 September 30, 2016 Public Law 11453 Dec. 11, 2015 Pub. L. 11453, div. B,  133 Sept. 30, 2015 129 Stat. 509 [ Pub. L. 109477,  3 Jan. 12, 2007 120 Stat. 3572 The amendment made by section 2 [amending section 220(c) of Pub. L. 103416 May 31, 2006 [ Pub. L. 108441,  1(a)(2) Dec. 3, 2004 118 Stat. 2630 The amendment made by paragraph (1) [amending section 220(c) of Pub. L. 103416 May 31, 2004 Pub. L. 103317, title V,  506(c) Aug. 26, 1994 108 Stat. 1766 Pub. L. 10546,  123 Sept. 30, 1997 111 Stat. 1158 Pub. L. 105119, title I,  111(b) Nov. 26, 1997 111 Stat. 2458 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994 October 1, 1997 section 1255 of this title October 1, 1994 Pub. L. 10546,  123 Sept. 30, 1997 111 Stat. 1158 section 506(c) of Pub. L. 103317 September 30, 1997 October 23, 1997 October 1, 1997 October 23, 1997 October 23, 1997 section 635f of Title 12 Effective Date of 1993 Amendment Pub. L. 10343, title XX,  2007(b) June 10, 1993 107 Stat. 210 The amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of the enactment of this Act [ June 10, 1993 Effective Date of 1991 Amendment Amendment by sections 302(e)(6), 303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)(g) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  302(e)(9) Dec. 12, 1991 105 Stat. 1746 Pub. L. 101238 Effective Date of 1990 Amendment Amendment by section 162(e)(1) of Pub. L. 101649 Oct. 1, 1991 Pub. L. 101649 section 1101 of this title Amendment by section 162(f)(2)(B) of Pub. L. 101649 Pub. L. 101238 section 162(f)(3) of Pub. L. 101649 section 1101 of this title Pub. L. 101649, title II,  202(c) Nov. 29, 1990 104 Stat. 5014 The amendments made by this section [amending this section and section 1184 of this title Nov. 29, 1990 Amendment by section 205(c)(3) of Pub. L. 101649 Oct. 1, 1991 section 231 of Pub. L. 101649 section 1101 of this title Pub. L. 101649, title V,  511(b) Nov. 29, 1990 104 Stat. 5052 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 Pub. L. 101649, title V,  514(b) Nov. 29, 1990 104 Stat. 5053 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. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1989 Amendment Pub. L. 101238,  3(d) Dec. 18, 1989 103 Stat. 2103 The amendments made by the previous provisions of this section [amending this section and section 1101 of this title Dec. 18, 1989 Effective Date of 1988 Amendments Pub. L. 100690, title VII,  7349(b) Nov. 18, 1988 102 Stat. 4473 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 Pub. L. 100525,  3 Oct. 24, 1988 102 Stat. 2614 Pub. L. 99396 Pub. L. 100525,  7(d) Oct. 24, 1988 102 Stat. 2617 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. 99639 Amendment by section 8(f) of Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendments Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(a) of Pub. L. 99653 section 1101 of this title Pub. L. 99639,  6(c) Nov. 10, 1986 100 Stat. 3544 Pub. L. 100525,  7(c)(2) Oct. 24, 1988 102 Stat. 2616 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 Pub. L. 99570, title I,  1751(c) Oct. 27, 1986 100 Stat. 320747 The amendments made by the [sic] subsections (a) and (b) of this section [amending this section and section 1251 of this title Oct. 27, 1986 Effective Date of 1984 Amendment Amendment by Pub. L. 98473 Nov. 1, 1987 section 235(a)(1) of Pub. L. 98473 section 3551 of Title 18 Effective Date of 1981 Amendment Pub. L. 97116,  5(c) Dec. 29, 1981 95 Stat. 1614 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. 97116 Dec. 29, 1981 section 5(c) of Pub. L. 97116 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1980 Amendment Amendment by section 203(d) of Pub. L. 96212 Apr. 1, 1980 section 203(f) of Pub. L. 96212 Mar. 17, 1980 section 204 of Pub. L. 96212 section 1101 of this title Effective Date of 1979 Amendment Amendment by Pub. L. 9670 Sept. 27, 1979 section 3201(d)(1) of Pub. L. 9670 section 1101 of this title Pub. L. 9670, title III,  3201(d)(2) Sept. 27, 1979 93 Stat. 497 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 section 2101 of Pub. L. 9670 Sept. 27, 1979 93 Stat. 493 section 3831 of Title 22 Effective Date of 1976 Amendments Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Amendment by section 601(d) of Pub. L. 94484 Jan. 10, 1978 section 601(f) of Pub. L. 94484 section 602(d) of Pub. L. 94484 section 307(q)(3) of Pub. L. 9583 section 1101 of this title Pub. L. 94484, title VI,  601(f) Oct. 12, 1976 90 Stat. 2303 The amendments made by this section [amending this section and section 1101 of this title Oct. 12, 1976 Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title Effective Date of 1956 Amendment Amendment by act July 18, 1956 July 19, 1956 July 18, 1956 Construction of 1990 Amendment Pub. L. 102232, title III,  302(e)(6) Dec. 12, 1991 105 Stat. 1746 Paragraph (1) of section 162(e) of the Immigration Act of 1990 [ Pub. L. 101649 Regulations Pub. L. 10695,  2(d) Nov. 12, 1999 113 Stat. 1316 Not later than 90 days after the date of the enactment of this Act [ Nov. 12, 1999 8 U.S.C. 1182(m) Aug. 21, 2000 Aug. 22, 2000 Sept. 21, 2000 Pub. L. 105277, div. C, title IV,  412(e) Oct. 21, 1998 112 Stat. 2681645 In first promulgating regulations to implement the amendments made by this section [amending this section] in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations. Pub. L. 104208, div. C, title I,  124(b)(2) Sept. 30, 1996 110 Stat. 3009562 The Attorney General shall first issue, in proposed form, regulations referred to in the second sentence of section 212(f) of the Immigration and Nationality Act [ 8 U.S.C. 1182(f) Sept. 30, 1996  Transfer of Functions United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Parole in Place for Members of the Armed Forces and Certain Military Dependents Pub. L. 11692, div. A, title XVII,  1758 Dec. 20, 2019 133 Stat. 1860  (a)  In General In evaluating a request from a covered individual for parole in place under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (b)  Sense of Congress It is the sense of Congress that (1) parole in place reinforces the objective of military family unity; (2) except as required in furtherance of the missions of the Armed Forces, disruption to military family unity should be minimized in order to enhance military readiness and allow members of the Armed Forces to focus on the faithful execution of their military missions and objectives, with peace of mind regarding the well-being of their family members; and (3) the importance of the parole in place authority of the Secretary of Homeland Security is reaffirmed. (c)  Covered Individual Defined In this section, the term covered individual means an alien who (1) is a member of the Armed Forces; (2) is the spouse, son, or daughter of a member of the Armed Forces; (3) is the parent of a member of the Armed Forces who supports the request of such parent for parole in place; or (4) is the widow, widower, parent, son, or daughter of a deceased member of the Armed Forces. Reciprocal Access to Tibet Pub. L. 115330 Dec. 19, 2018 132 Stat. 4479  SECTION 1. SHORT TITLE. This Act may be cited as the Reciprocal Access to Tibet Act of 2018. SEC. 2. FINDINGS. Congress finds the following: (1) The Government of the Peoples Republic of China does not grant United States diplomats and other officials, journalists, and other citizens access to China on a basis that is reciprocal to the access that the Government of the United States grants Chinese diplomats and other officials, journalists, and citizens. (2) The Government of China imposes greater restrictions on travel to Tibetan areas than to other areas of China. (3) Officials of China have stated that Tibet is open to foreign visitors. (4) The Government of China is promoting tourism in Tibetan areas, and at the Sixth Tibet Work Forum in August 2015, Premier Li Keqiang called for Tibet to build major world tourism destinations. (5) The Government of China requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in China. (6) The Department of State reports that (A) officials of the Government of the United States submitted 39 requests for diplomatic access to the Tibet Autonomous Region between May 2011 and July 2015, but only four were granted; and (B) when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities. (7) The Government of China delayed United States consular access for more than 48 hours after an October 28, 2013 April 24, 1963 (8) Following a 2015 earthquake that trapped dozens of citizens of the United States in the Tibet Autonomous Region, the United States Consulate General in Chengdu faced significant challenges in providing emergency consular assistance due to a lack of consular access. (9) The Country Reports on Human Rights Practices for 2015 of the Department of State stated With the exception of a few highly controlled trips, the Chinese government also denied multiple requests by foreign diplomats for permission to visit the TAR.. (10) Tibetan-Americans, attempting to visit their homeland, report having to undergo a discriminatory visa application process, different from what is typically required, at the Chinese embassy and consulates in the United States, and often find their requests to travel denied. (11) The Country Reports on Human Rights Practices for 2016 of the Department of State stated The few visits to the TAR by diplomats and journalists that were allowed were tightly controlled by local authorities.. (12) A September 2016 article in the Washington Post reported that The Tibet Autonomous Region . . . is harder to visit as a journalist than North Korea.. (13) The Government of China has failed to respond positively to requests from the Government of the United States to open a consulate in Lhasa, Tibet Autonomous Region. (14) The Foreign Correspondents Club of China reports that (A) 2008 rules prevent foreign reporters from visiting the Tibet Autonomous Region without prior permission from the Government of such Region; (B) such permission has only rarely been granted; and (C) although the 2008 rules allow journalists to travel freely in other parts of China, Tibetan areas outside such Region remain effectively off-limits to foreign reporters. (15) The Department of State reports that in addition to having to obtain permission to enter the Tibet Autonomous Region, foreign tourists (A) must be accompanied at all times by a government-designated tour guide; (B) are rarely granted permission to enter the region by road; (C) are largely barred from visiting around the March anniversary of a 1959 Tibetan uprising; and (D) are banned from visiting the area where Larung Gar, the worlds largest center for the study of Tibetan Buddhism, and the site of a large-scale campaign to expel students and demolish living quarters, is located. (16) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region. (17) The Government of the United States generally allows journalists and other citizens of China to travel freely within the United States. The Government of the United States requires diplomats from China to notify the Department of State of their travel plans, and in certain situations, the Government of the United States requires such diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. (18) The United States regularly grants visas to Chinese diplomats and other officials, scholars, and others who travel to the United States to discuss, promote, and display the perspective of the Government of China on the situation in Tibetan areas, even as the Government of China restricts the ability of citizens of the United States to travel to Tibetan areas to gain their own perspective. (19) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. (20) The Government of China characterizes statements made by officials of the United States about the situation in Tibetan areas as inappropriate interference in the internal affairs of China. SEC. 3. DEFINITIONS. In this Act: (1)  Appropriate congressional committees The term appropriate congressional committees means (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2)  Tibetan areas The term Tibetan areas includes (A) the Tibet Autonomous Region; and (B) the areas that the Chinese Government designates as Tibetan Autonomous, as follows: (i) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari (Tianzhu) Tibetan Autonomous County located in Gansu Province. (ii) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho (Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei) Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous Prefecture, located in Qinghai Province. (iii) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and Muli (Mili) Tibetan Autonomous County, located in Sichuan Province. (iv) Dechen (Diqing) Tibetan Autonomous Prefecture, located in Yunnan Province. SEC. 4. ANNUAL REPORT ON ACCESS TO TIBETAN AREAS. (a)  In General Not later than 90 days after the date of the enactment of this Act [ Dec. 19, 2018 (1) a comparison with the level of access granted to other areas of China; (2) a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces; (3) a comparison of the level of access in the reporting year and the previous reporting year; and (4) a description of the required permits and other measures that impede the freedom to travel in Tibetan areas. (b)  Consolidation After the issuance of the first report required by subsection (a), the Secretary of State is authorized to incorporate subsequent reports required by subsection (a) into other publicly available, annual reports produced by the Department of State, provided they are submitted to the appropriate congressional committees in a manner specifying that they are being submitted in fulfillment of the requirements of this Act. SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. (a)  Ineligibility for Visas No individual whom the Secretary of State has determined to be substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas may be eligible to receive a visa to enter the United States or be admitted to the United States if the Secretary of State determines that (1) (A) the requirement for specific official permission for foreigners to enter the Tibetan Autonomous Region remains in effect; or (B) such requirement has been replaced by a regulation that has a similar effect and requires foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other provinces in China; and (2) restrictions on travel by diplomats and other officials, journalists, and citizens of the United States to areas designated as Tibetan Autonomous in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of China are greater than any restrictions on travel by such officials and citizens to areas in such provinces that are not so designated. (b)  Current Visas Revoked The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (c)  Report to Congress Not later than one year after the date of the enactment of this Act [ Dec. 19, 2018 (d)  Waiver for National Interest. (1)  In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver (A) is necessary to permit the United States to comply with the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 November 21, 1947 (B) is in the national interest of the United States. (2)  Notification Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to paragraph (1)(B), how such waiver relates to the national interest of the United States. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of State, when granting diplomats and other officials from China access to parts of the United States, including consular access, should take into account the extent to which the Government of China grants diplomats and other officials from the United States access to parts of China, including the level of access afforded to such diplomats and other officials to Tibetan areas. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army Under Immigration and Nationality Act Pub. L. 115232, div. A, title XII,  1291 Aug. 13, 2018 132 Stat. 2083  (a)  Removal of Treatment as Terrorist Organizations. (1)  In general Except as provided in paragraph (2), the Rwandan Patriotic Front and the Rwandan Patriotic Army shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(III) August 1, 1994 (2)  Exception. (A)  In general The Secretary of State, in consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, as applicable, may suspend the application of paragraph (1) for the Rwandan Patriotic Front or the Rwandan Patriotic Army in the sole and unreviewable discretion of such applicable Secretary. (B)  Report Not later than, or contemporaneously with, a suspension of paragraph (1) under subparagraph (A), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate committees of Congress a report on the justification for such suspension. (b)  Relief From Inadmissibility. (1)  Activities before august 1, 1994 Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) August 1, 1994 (2)  Exceptions. (A)  In general Paragraph (1) shall not apply if the Secretary of State or the Secretary of Homeland Security, as applicable, determines in the sole unreviewable discretion of such applicable Secretary that (i) in the totality of the circumstances, such alien (I) poses a threat to the safety and security of the United States; or (II) does not merit a visa, admission to the United States, or a grant of an immigration benefit or protection; or (ii) such alien committed, ordered, incited, assisted, or otherwise participated in the commission of (I) an offense described in section 2441 of title 18 (II) an offense described in Presidential Proclamation 8697, dated August 4, 2011 (B)  Implementation Subparagraph (A) shall be implemented by the Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General. (c)  Appropriate Committees of Congress Defined In this section, the term appropriate committees of Congress means (1) the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (2) the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. Treatment of Kurdistan Democratic Party and Patriotic Union of Kurdistan Under the Immigration and Nationality Act Pub. L. 113291, div. A, title XII,  1264 Dec. 19, 2014 128 Stat. 3582  (a)  Removal of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan From Treatment as Terrorist Organizations. (1)  In general Except as provided in paragraph (2), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(III) (2)  Exception The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) for either or both of the groups referred to in paragraph (1) in such Secretarys sole and unreviewable discretion. Prior to or contemporaneous with such suspension, the Secretary of State or the Secretary of Homeland Security shall report their reasons for suspension to the Committees on Judiciary of the House of Representatives and of the Senate, the Committees on Appropriations in the House of Representatives and of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. (b)  Relief Regarding Admissibility of Nonimmigrant Aliens Associated With the Kurdistan Democratic Party and the Patriotic Union of Kurdistan. (1)  For activities opposing the baath regime Paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) (2)  For membership in the kurdistan democratic party and patriotic union of kurdistan Paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) (3)  Exception Neither paragraph (1) nor paragraph (2) shall apply if the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) determine in their sole unreviewable discretion that such alien poses a threat to the safety and security of the United States, or does not warrant a visa, admission to the United States, or a grant of an immigration benefit or protection, in the totality of the circumstances. This provision shall be implemented by the Secretary of State and the Secretary of Homeland Security in consultation with the Attorney General. (c)  Prohibition on Judicial Review Notwithstanding any other provision of law (whether statutory or nonstatutory), section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 African National Congress; Waiver of Certain Inadmissibility Grounds Pub. L. 110257 July 1, 2008 122 Stat. 2426  SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN NATIONAL CONGRESS REGARDING ADMISSIBILITY. (a)  Exemption Authority The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine, in such Secretarys sole and unreviewable discretion, that paragraphs (2)(A)(i)(I), (2)(B), and (3)(B) (other than clause (i)(II)) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (b)  Sense of Congress It is the sense of the Congress that the Secretary of State and the Secretary of Homeland Security should immediately exercise in appropriate instances the authority in subsection (a) to exempt the anti-apartheid activities of aliens who are current or former officials of the Government of the Republic of South Africa. SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS FROM CERTAIN UNITED STATES GOVERNMENT DATABASES. The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall take all necessary steps to ensure that databases used to determine admissibility to the United States are updated so that they are consistent with the exemptions provided under section 2. Availability of Other Nonimmigrant Professionals Pub. L. 110229, title VII,  702(k) May 8, 2008 122 Stat. 867 The requirements of section 212(m)(6)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(m)(6)(B) Report on Duress Waivers Pub. L. 110161, div. J, title VI,  691(e) Dec. 26, 2007 121 Stat. 2365  The Secretary of Homeland Security shall provide to the Committees on the Judiciary of the United States Senate and House of Representatives a report, not less than 180 days after the enactment of this Act [ Dec. 26, 2007 (1) the number of individuals subject to removal from the United States for having provided material support to a terrorist group who allege that such support was provided under duress; (2) a breakdown of the types of terrorist organizations to which the individuals described in paragraph (1) have provided material support; (3) a description of the factors that the Department of Homeland Security considers when evaluating duress waivers; and (4) any other information that the Secretary believes that the Congress should consider while overseeing the Departments application of duress waivers. Inadmissibility of Foreign Officials and Family Members Involved in Kleptocracy or Human Rights Violations Pub. L. 117328, div. K, title VII,  7031(c) Dec. 29, 2022 136 Stat. 5026  (1)  Ineligibility. (A) Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United States citizen or national, shall be ineligible for entry into the United States. (B) Concurrent with the application of subparagraph (A), the Secretary shall, as appropriate, refer the matter to the Office of Foreign Assets Control, Department of the Treasury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in such subparagraph. (C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (2)  Exception Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided (3)  Waiver The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4)  Report Not later than 30 days after the date of enactment of this Act [div. K of Pub. L. 117328 Dec. 29, 2022 September 30, 2024 (5)  Posting of report Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website. (6)  Clarification For purposes of paragraphs (1), (4), and (5), 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 not be considered confidential. Similar provisions were contained in the following prior acts: Pub. L. 117103, div. K, title VII,  7031(c) Mar. 15, 2022 136 Stat. 615 Pub. L. 116260, div. K, title VII,  7031(c) Dec. 27, 2020 134 Stat. 1743 Pub. L. 11694, div. G, title VII,  7031(c) Dec. 20, 2019 133 Stat. 2865 Pub. L. 1166, div. F, title VII,  7031(c) Feb. 15, 2019 133 Stat. 319 Pub. L. 115141, div. K, title VII,  7031(c) Mar. 23, 2018 132 Stat. 884 Pub. L. 11531, div. J, title VII,  7031(c) May 5, 2017 131 Stat. 640 Pub. L. 114113, div. K, title VII,  7031(c) Dec. 18, 2015 129 Stat. 2755 Pub. L. 113235, div. J, title VII,  7031(c) Dec. 16, 2014 128 Stat. 2620 Pub. L. 11376, div. K, title VII,  7031(c) Jan. 17, 2014 128 Stat. 511 Pub. L. 11274, div. I, title VII,  7031(c) Dec. 23, 2011 125 Stat. 1211 Pub. L. 111117, div. F, title VII,  7084 Dec. 16, 2009 123 Stat. 3400 Pub. L. 1118, div. H, title VII,  7086 Mar. 11, 2009 123 Stat. 912 Pub. L. 110161, div. J, title VI,  699L Dec. 26, 2007 121 Stat. 2373 Money Laundering Watchlist Pub. L. 10756, title X,  1006(b) Oct. 26, 2001 115 Stat. 394 Not later than 90 days after the date of the enactment of this Act [ Oct. 26, 2001 [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50 Recommendations for Alternative Remedy for Nursing Shortage Pub. L. 10695,  3 Nov. 12, 1999 113 Stat. 1317  Not later than the last day of the 4-year period described in section 2(e) [set out as a note above], the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the Congress recommendations (including legislative specifications) with respect to the following: (1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act [ 8 U.S.C. 1182(m)(6) (2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(c) 8 U.S.C. 1182(m)(2)(E) Issuance of Certified Statements Pub. L. 10695,  4(c) Nov. 12, 1999 113 Stat. 1318 The Commission on Graduates of Foreign Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified statements pursuant to the amendment under subsection (a) [amending this section] not more than 35 days after the receipt of a complete application for such a statement. Extension of Authorized Period of Stay for Certain Nurses Pub. L. 104302,  1 Oct. 11, 1996 110 Stat. 3656  (a)  Aliens Who Previously Entered the United States Pursuant to an Visa. (1)  In general Notwithstanding any other provision of law, the authorized period of stay in the United States of any nonimmigrant described in paragraph (2) is hereby extended through September 30, 1997 (2)  Nonimmigrant described A nonimmigrant described in this paragraph is a nonimmigrant (A) who entered the United States as a nonimmigrant described in section 101(a)(15)(H)(i)(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(a) (B) who was within the United States on or after September 1, 1995 Oct. 11, 1996 (C) whose period of authorized stay has expired or would expire before September 30, 1997 (3)  Limitations Nothing in this section may be construed to extend the validity of any visa issued to a nonimmigrant described in section 101(a)(15)(H)(i)(a) of the Immigration and Nationality Act or to authorize the re-entry of any person outside the United States on the date of the enactment of this Act. (b)  Change of Employment A nonimmigrant whose authorized period of stay is extended by operation of this section shall not be eligible to change employers in accordance with section 214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (c)  Regulations Not later than 30 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out the provisions of this section. (d)  Interim Treatment A nonimmigrant whose authorized period of stay is extended by operation of this section, and the spouse and child of such nonimmigrant, shall be considered as having continued to maintain lawful status as a nonimmigrant through September 30, 1997 References to Inadmissible Deemed To Include Excludable and References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in subsec. (a)(1)(A) of this section to inadmissible is deemed to include a reference to excludable, and any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d) of Pub. L. 104208 section 1101 of this title Annual Report on Aliens Paroled Into United States Pub. L. 104208, div. C, title VI,  602(b) Sept. 30, 1996 110 Stat. 3009689 Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and categories of aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1182(d)(5) Assistance to Drug Traffickers Pub. L. 103447, title I,  107 Nov. 2, 1994 108 Stat. 4695 The President shall take all reasonable steps provided by law to ensure that the immediate relatives of any individual described in section 487(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291f(a) 8 U.S.C. 1101 Processing of Visas for Admission to United States Pub. L. 103236, title I,  140(c) Apr. 30, 1994 108 Stat. 399 Pub. L. 103415,  1(d) Oct. 25, 1994 108 Stat. 4299  (1) (A) Beginning 24 months after the date of the enactment of this Act [ Apr. 30, 1994 8 U.S.C. 1101 (B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the aliens name is included in the Department of States visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the aliens name in such system, the consular officers failure shall be made a matter of record and shall be considered as a serious negative factor in the officers annual performance evaluation. (2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property in the United States, the Secretary of State shall convene an Accountability Review Board [now Security Review Committee] under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 [ 22 U.S.C. 4831 Access to Interstate Identification Index of National Crime Information Center; Fingerprint Checks Pub. L. 103236, title I,  140(d) Apr. 30, 1994 108 Stat. 400 Pub. L. 103317, title V,  505 Aug. 26, 1994 108 Stat. 1765 Pub. L. 104208, div. C, title VI,  671(g)(2) Sept. 30, 1996 110 Stat. 3009724 Pub. L. 105119, title I,  126 Nov. 26, 1997 111 Stat. 2471  (d)  Access to the Interstate Identification Index. (1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 ( Public Law 101162 103 Stat. 988 (2) The Department of State shall be responsible for all one-time start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1). (3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis. (e)  Fingerprint Checks. (1) Effective not later than March 31, 1995 (2) The Secretary shall prescribe and publish such regulations as may be necessary to implement the requirements of this subsection, and to avoid undue processing costs and delays for eligible immigrants and the United States Government. (f) Not later than December 31, 1996 (g) Subsections (d) and (e) shall cease to have effect after May 1, 1998 Visa Lookout Systems Pub. L. 103236, title I,  140(b) Apr. 30, 1994 108 Stat. 399 Not later than 18 months after the date of the enactment of this Act [ Apr. 30, 1994 Pub. L. 102138, title I,  128 Oct. 28, 1991 105 Stat. 660 Pub. L. 104208, div. C, title III,  308(d)(3)(C) Sept. 30, 1996 110 Stat. 3009617  (a)  Visas The Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act [ 8 U.S.C. 1101 (b)  Correction of Lists Not later than 3 years after the date of enactment of this Act [ Oct. 28, 1991 (1) correct the Automated Visa Lookout System, or any other system or list which maintains information about the inadmissibility of aliens under the Immigration and Nationality Act, by deleting the name of any alien not inadmissible under the Immigration and Nationality Act; and (2) report to the Congress concerning the completion of such correction process. (c)  Report on Correction Process. (1) Not later than 90 days after the date of enactment of this Act [ Oct. 28, 1991 (2) Not later than 1 year after the date of enactment of this Act [ Oct. 28, 1991 (d)  Application This section refers to the Immigration and Nationality Act as in effect on and after June 1, 1991 (e)  Limitation. (1) The Secretary may add or retain in such system or list the names of aliens who are not inadmissible only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently inadmissible. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act [ 8 U.S.C. 1101 (2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1). (3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law. (f)  Definition As used in this section the term appropriate congressional committees means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate. Changes in Labor Certification Process Pub. L. 101649, title I,  122 Nov. 29, 1990 104 Stat. 4994 Pub. L. 103416, title II,  219(ff) Oct. 25, 1995 108 Stat. 4319  [(a) Repealed. Pub. L. 103416, title II,  219(ff) Oct. 25, 1994 108 Stat. 4319 (b)  Notice in Labor Certifications The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(5)(A) (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 employers 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 employers failure to meet terms and conditions with respect to the employment of alien workers and co-workers). Review of Exclusion Lists Pub. L. 101649, title VI,  601(c) Nov. 29, 1990 104 Stat. 5075 Pub. L. 104208, div. C, title III,  308(d)(3)(B) Sept. 30, 1996 110 Stat. 3009617  The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien (1) whose name is in such system, and (2) who either (A) applies for admission after the effective date of the amendments made by this section [see Effective Date of 1990 Amendment note above], or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the aliens continued inadmissibility under the Immigration and Nationality Act [ 8 U.S.C. 1101 if the alien is no longer inadmissible because of an amendment made by this section the aliens name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be inadmissible the alien shall be informed of such determination. Implementation of Requirements for Admission of Nonimmigrant Nurses During 5-Year Period Pub. L. 101238,  3(c) Dec. 18, 1989 103 Stat. 2103  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) Dec. 18, 1989 (2) provide for the appointment (by January 1, 1991 (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 Pub. L. 100204, title IX,  901 Dec. 22, 1987 101 Stat. 1399 Pub. L. 100461, title V,  555 Oct. 1, 1988 102 Stat. 226836 Pub. L. 101246, title I,  128 Feb. 16, 1990 104 Stat. 30 Pub. L. 101649, title VI,  603(a)(21) Nov. 29, 1990 104 Stat. 5084 Regulations Governing Admission, Detention, and Travel of Nonimmigrant Aliens in Guam Pursuant to Visa Waivers Pub. L. 99396,  14(b) Aug. 27, 1986 100 Stat. 842 Pub. L. 100525,  3(1)(B) Oct. 24, 1988 102 Stat. 2614 Aug. 27, 1986 section 14(a) of Pub. L. 99396 Pub. L. 101649, title VI,  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 Pub. L. 99396,  14(c) Aug. 27, 1986 100 Stat. 842 Pub. L. 100525,  3(1)(B) Oct. 24, 1988 102 Stat. 2614 8 U.S.C. 1182 l Pub. L. 101649, title VI,  603(a)(19) Nov. 29, 1990 104 Stat. 5084 Sharing of Information Concerning Drug Traffickers Pub. L. 9993, title I,  132 Aug. 16, 1985 99 Stat. 420  (a)  Reporting Systems In order to ensure that foreign narcotics traffickers are denied visas to enter the United States, as required by section 212(a)(23) of the Immigration and Naturalization Act ([former] 22 [8] U.S.C. 1182(a)(23)) (1) the Department of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the United States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States, so that that information may be communicated to the appropriate United States embassies; and (2) the National Drug Enforcement Policy Board shall agree on uniform guidelines which would permit the sharing of information on foreign drug traffickers. (b)  Report Not later than six months after the date of the enactment of this Act [ Aug. 16, 1985 [For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6 Refugees From Democratic Kampuchea (Cambodia); Temporary Parole Into United States for Fiscal Years 1979 and 1980 Pub. L. 95431, title VI,  605 Oct. 10, 1978 92 Stat. 1045 section 1182(d)(5) of this title Retroactive Adjustment of Refugee Status Pub. L. 95412,  5 Oct. 5, 1978 92 Stat. 909 Pub. L. 96212, title II,  203(g) Mar. 17, 1980 94 Stat. 108 section 1182(d)(5) of this title Apr. 1, 1980 Report by Attorney General to Congressional Committees on Admission of Certain Excludable Aliens Pub. L. 95370, title IV,  401 Sept. 17, 1978 92 Stat. 627 October 30, 1979 National Board of Medical Examiners Examination Pub. L. 94484, title VI,  602(a) Pub. L. 9583, title III,  307(q)(3) Aug. 1, 1977 91 Stat. 395 Jan. 10, 1977 January 9, 1977 Pub. L. 97116,  5(a)(3) Dec. 29, 1981 95 Stat. 1612 Labor Certification for Graduates of Foreign Medical Schools; Development of Data by Secretary of Health, Education, and Welfare Not Later Than Oct. 12, 1977 Pub. L. 94484, title IX,  906 Oct. 12, 1976 90 Stat. 2325 Oct. 12, 1976 Resettlement of Refugee-Escapee; Reports; Formula; Termination Date; Persons Difficult To Resettle; Creation of Record of Admission for Permanent Residence Pub. L. 86648 July 14, 1960 74 Stat. 504 Pub. L. 87510,  6 June 28, 1962 76 Stat. 124 Pub. L. 89236,  16 Oct. 3, 1965 79 Stat. 919  [Section 1. Repealed. Pub. L. 89236,  16 Oct. 3, 1965 79 Stat. 919 [Sec. 2. Repealed. Pub. L. 89236,  16 Oct. 3, 1965 79 Stat. 919 Sec. 3. Any alien who was paroled into the United States as a refugee-escapee, pursuant to section 1 of the Act, whose parole has not theretofore been terminated by the Attorney General pursuant to such regulations as he may prescribe under the authority of section 212(d)(5) of the Immigration and Nationality Act [subsec. (d)(5) of this section]; and who has been in the United States for at least two years, and who has not acquired permanent residence, shall forthwith return or be returned to the custody of the Immigration and Naturalization Service and shall thereupon be inspected and examined for admission into the United States, and his case dealt with in accordance with the provisions of sections 235, 236, and 237 of the Immigration and Nationality Act [sections 1225, 1226, and [former] 1227 of this title]. Sec. 4. Any alien who, pursuant to section 3 of this Act, is found, upon inspection by the immigration officer or after hearing before a special inquiry officer, to be admissible as an immigrant under the Immigration and Nationality Act [this chapter] at the time of his inspection and examination, except for the fact that he was not and is not in possession of the documents required by section 212(a)(20) of the said Act [former subsec. (a)(20) of this section], shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival. * * * * * [Sec. 11. Repealed. Pub. L. 89-236,  16, Oct. 3, 1965 79 Stat. 919 Creation of Record of Admission for Permanent Residence in the Case of Certain Hungarian Refugees Pub. L. 85559 July 25, 1958 72 Stat. 419  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 Sec. 2. Any such alien who, pursuant to section 1 of this Act, is found, upon inspection by an immigration officer or after hearing before a special inquiry officer, to have been and to be admissible as an immigrant at the time of his arrival in the United States and at the time of his inspection and examination, except for the fact that he was not and is not in possession of the documents required by section 212(a)(20) of the Immigration and Nationality Act [former subsection (a)(20) of this section], shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival. Sec. 3. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act [this chapter] or any other law relating to immigration, nationality, or naturalization.  Definition of Appropriate Congressional Committees Pub. L. 117328, div. K, title VII,  7034(s)(1) Dec. 29, 2022 136 Stat. 5035 Unless otherwise defined in this Act [div. K of Pub. L. 117328 136 Stat. 4974 Similar provisions were contained in the following prior acts: Pub. L. 117103, div. K, title VII,  7034(t)(1) Mar. 15, 2022 136 Stat. 626 Pub. L. 116260, div. K, title VII,  7034(q)(1) Dec. 27, 2020 134 Stat. 1753 Executive Documents  Presidential Proclamations Suspending Entry of Certain Aliens Suspension of entry of certain aliens into the United States were contained in the following Presidential proclamations: Proc. No. 10309, Nov. 16, 2021 Proc. No. 10052, June 22, 2020 June 29, 2020 Dec. 31, 2020 Feb. 24, 2021 Mar. 31, 2021 Proc. No. 10043, May 29, 2020 Proc. No. 10014, Apr. 22, 2020 June 22, 2020 Dec. 31, 2020 Feb. 24, 2021 Proc. No. 9945, Oct. 4, 2019 May 14, 2021 Proc. No. 9932, Sept. 25, 2019 Proc. No. 9931, Sept. 25, 2019 Proc. No. 8697, Aug. 4, 2011 Proc. No. 8693, July 24, 2011 Proc. No. 8342, Jan. 16, 2009 Proc. No. 7750, Jan. 12, 2004  Presidential Proclamations Suspending Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus Suspension of entry into the United States of aliens who were physically present in certain countries during the COVID19 pandemic were contained in the following Presidential proclamations: Proc. No. 10315, Nov. 26, 2021 Dec. 28, 2021 Proc. No. 10294, Oct. 25, 2021 May 12, 2023 May 9, 2023 Proc. No. 10199, Apr. 30, 2021 Oct. 25, 2021 Proc. No. 10143, Jan. 25, 2021 Oct. 25, 2021 Proc. No. 10041, May 24, 2020 May 25, 2020 Jan. 18, 2021 Proc. No. 9996, Mar. 14, 2020 Jan. 18, 2021 Proc. No. 9993, Mar. 11, 2020 Jan. 18, 2021 Proc. No. 9992, Feb. 29, 2020 Jan. 25, 2021 Oct. 25, 2021 Proc. No. 9984, Jan. 31, 2020 Feb. 29, 2020 Jan. 25, 2021 Oct. 25, 2021  Proc. No. 4865. High Seas Interdiction of Illegal Aliens Proc. No. 4865, Sept. 29, 1981 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) The entry of undocumented aliens from the high seas is hereby suspended and shall be prevented by the interdiction of certain vessels carrying such aliens. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord nineteen hundred and eighty-one, and of the Independence of the United States of America the two hundred and sixth.  Ronald Reagan.  Proc. No. 9645. Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats Proc. No. 9645, Sept. 24, 2017 Apr. 10, 2018 Jan. 31, 2020 Jan. 20, 2021  Proc. No. 9983. Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats Proc. No. 9983, Jan. 31, 2020 Jan. 20, 2021  Executive Order No. 12324 Ex. Ord. No. 12324, Sept. 29, 1981 May 24, 1992  Ex. Ord. No. 12807. Interdiction of Illegal Aliens Ex. Ord. No. 12807, May 24, 1992 Feb. 28, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) (1) The President has authority to suspend the entry of aliens coming by sea to the United States without necessary documentation, to establish reasonable rules and regulations regarding, and other limitations on, the entry or attempted entry of aliens into the United States, and to repatriate aliens interdicted beyond the territorial sea of the United States; (2) The international legal obligations of the United States under the United Nations Protocol Relating to the Status of Refugees (U.S. T.I.A.S. 6577; 19 U.S.T. 6223) to apply Article 33 of the United Nations Convention Relating to the Status of Refugees do not extend to persons located outside the territory of the United States; (3) Proclamation No. 4865 [set out above] suspends the entry of all undocumented aliens into the United States by the high seas; and (4) There continues to be a serious problem of persons attempting to come to the United States by sea without necessary documentation and otherwise illegally; I, GEORGE BUSH, President of the United States of America, hereby order as follows: Section Sec (b) Those instructions shall apply to any of the following defined vessels: (1) Vessels of the United States, meaning any vessel documented or numbered pursuant to the laws of the United States, or owned in whole or in part by the United States, a citizen of the United States, or a corporation incorporated under the laws of the United States or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has been granted nationality by a foreign nation in accord with Article 5 of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312). (2) Vessels without nationality or vessels assimilated to vessels without nationality in accordance with paragraph (2) of Article 6 of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312). (3) Vessels of foreign nations with whom we have arrangements authorizing the United States to stop and board such vessels. (c) Those instructions to the Coast Guard shall include appropriate directives providing for the Coast Guard: (1) To stop and board defined vessels, when there is reason to believe that such vessels are engaged in the irregular transportation of persons or violations of United States law or the law of a country with which the United States has an arrangement authorizing such action. (2) To make inquiries of those on board, examine documents and take such actions as are necessary to carry out this order. (3) To return the vessel and its passengers to the country from which it came, or to another country, when there is reason to believe that an offense is being committed against the United States immigration laws, or appropriate laws of a foreign country with which we have an arrangement to assist; provided, however, that the Secretary of Homeland Security, in his unreviewable discretion, may decide that a person who is a refugee will not be returned without his consent. (d) These actions, pursuant to this section, are authorized to be undertaken only beyond the territorial sea of the United States. Sec 5 U.S.C. 551 Sec Sec  Ex. Ord. No. 13276. Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region Ex. Ord. No. 13276, Nov. 15, 2002 Feb. 28, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) section 301 of title 3 Section Duties and Authorities of Agency Heads (a)(i) The Secretary of Homeland Security may maintain custody, at any location he deems appropriate, of any undocumented aliens he has reason to believe are seeking to enter the United States and who are interdicted or intercepted in the Caribbean region. In this regard, the Secretary of Homeland Security shall provide and operate a facility, or facilities, to house and provide for the needs of any such aliens. Such a facility may be located at Guantanamo Bay Naval Base or any other appropriate location. (ii) The Secretary of Homeland Security may conduct any screening of such aliens that he deems appropriate, including screening to determine whether such aliens should be returned to their country of origin or transit, or whether they are persons in need of protection who should not be returned without their consent. If the Secretary of Homeland Security institutes such screening, then until a determination is made, the Secretary of Homeland Security shall provide for the custody, care, safety, transportation, and other needs of the aliens. The Secretary of Homeland Security shall continue to provide for the custody, care, safety, transportation, and other needs of aliens who are determined not to be persons in need of protection until such time as they are returned to their country of origin or transit. (b) The Secretary of State shall provide for the custody, care, safety, transportation, and other needs of undocumented aliens interdicted or intercepted in the Caribbean region whom the Secretary of Homeland Security has identified as persons in need of protection. The Secretary of State shall provide for and execute a process for resettling such persons in need of protection, as appropriate, in countries other than their country of origin, and shall also undertake such diplomatic efforts as may be necessary to address the problem of illegal migration of aliens in the Caribbean region and to facilitate the return of those aliens who are determined not to be persons in need of protection. (c)(i) The Secretary of Defense shall make available to the Secretary of Homeland Security and the Secretary of State, for the housing and care of any undocumented aliens interdicted or intercepted in the Caribbean region and taken into their custody, any facilities at Guantanamo Bay Naval Base that are excess to current military needs and the provision of which does not interfere with the operation and security of the base. The Secretary of Defense shall be responsible for providing access to such facilities and perimeter security. The Secretary of Homeland Security and the Secretary of State, respectively, shall be responsible for reimbursement for necessary supporting utilities. (ii) In the event of a mass migration in the Caribbean region, the Secretary of Defense shall provide support to the Secretary of Homeland Security and the Secretary of State in carrying out the duties described in paragraphs (a) and (b) of this section regarding the custody, care, safety, transportation, and other needs of the aliens, and shall assume primary responsibility for these duties on a nonreimbursable basis as necessary to contain the threat to national security posed by the migration. The Secretary of Defense shall also provide support to the Coast Guard in carrying out the duties described in Executive Order 12807 of May 24, 1992 Sec. Definitions Sec. Scope. (a) Nothing in this order shall be construed to impair or otherwise affect the authorities and responsibilities set forth in Executive Order 12807 of May 24, 1992 (b) Nothing in this order shall be construed to make reviewable in any judicial or administrative proceeding, or otherwise, any action, omission, or matter that otherwise would not be reviewable. (c) This order is intended only to improve the management of the executive branch. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity or otherwise against the United States, its departments, agencies, entities, instrumentalities, officers, employees, or any other person. (d) Any agency assigned any duties by this order may use the provisions of the Economy Act, 31 U.S.C. 1535 (e) This order shall not be construed to require any procedure to determine whether a person is a refugee or otherwise in need of protection.  George W. Bush.  Executive Order No. 13769 Ex. Ord. No. 13769, Jan. 27, 2017 Mar. 16, 2017 Mar. 6, 2017  Executive Order No. 13780 Ex. Ord. No. 13780, Mar. 6, 2017 Jan. 20, 2021 [Memorandum of President of the United States, June 14, 2017  Executive Order No. 13815 Ex. Ord. No. 13815, Oct. 24, 2017 Feb. 4, 2021 section 1157 of this title  Ex. Ord. No. 13940. Aligning Federal Contracting and Hiring Practices With the Interests of American Workers Ex. Ord. No. 13940, Aug. 3, 2020 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Policy Sec. Review of Contracting and Hiring Practices (i) whether contractors (including subcontractors) used temporary foreign labor for contracts performed in the United States, and, if so, the nature of the work performed by temporary foreign labor on such contracts; whether opportunities for United States workers were affected by such hiring; and any potential effects on the national security caused by such hiring; and (ii) whether contractors (including subcontractors) performed in foreign countries services previously performed in the United States, and, if so, whether opportunities for United States workers were affected by such offshoring; whether affected United States workers were eligible for assistance under the Trade Adjustment Assistance program authorized by the Trade Act of 1974 [ 19 U.S.C. 2101 (b) The head of each agency that enters into contracts shall assess any negative impact of contractors and subcontractors temporary foreign labor hiring practices or offshoring practices on the economy and efficiency of Federal procurement and on the national security, and propose action, if necessary and as appropriate and consistent with applicable law, to improve the economy and efficiency of Federal procurement and protect the national security. (c) The head of each agency shall, in coordination with the Director of the Office of Personnel Management, review the employment policies of the agency to assess the agencys compliance with Executive Order 11935 of September 2, 1976 Public Law 11693 5 U.S.C. 3101 (d) Within 120 days of the date of this order [ Aug. 3, 2020 Sec. Measures to Prevent Adverse Effects on United States Workers 8 U.S.C. 1182(n)(1) Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  Delegation of Authority Under Sections 1182(f) and 1185(a)(1) of This Title Memorandum of President of the United States, Sept. 24, 1999 Memorandum for the Attorney General By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended ( 8 U.S.C. 1182(f) September 29, 1981 (a) Maintain custody, at any location she deems appropriate, and conduct any screening she deems appropriate in her unreviewable discretion, of any undocumented person she has reason to believe is seeking to enter the United States and who is encountered in a vessel interdicted on the high seas through December 31, 2000 (b) Undertake any other appropriate actions with respect to such aliens permitted by law. With respect to the functions delegated by this order, all actions taken after April 16, 1999 This memorandum is not intended to create, and should not be construed to create, any right or benefit, substantive or procedural, legally enforceable by any party against the United States, its agencies or instrumentalities, officers, employees, or any other person, or to require any procedures to determine whether a person is a refugee. You are authorized and directed to publish this memorandum in the Federal Register.  William J. Clinton.  Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry Into the United States, and Increasing Transparency Among Departments and Agencies of the Federal Government and for the American People Memorandum of President of the United States, Mar. 6, 2017 Feb. 4, 2021 section 1157 of this title  1182a to 1182c. Repealed. Pub. L. 87301,  24(a)(1) Sept. 26, 1961 75 Stat. 657   Section 1182a, act Sept. 3, 1954, ch. 1254,  4 68 Stat. 1145  Section 1182b, Pub. L. 85316,  5 Sept. 11, 1957 71 Stat. 640 section 1182(h) of this title  Section 1182c, Pub. L. 85316,  6 Sept. 11, 1957 71 Stat. 640 Pub. L. 86253,  1 Sept. 9, 1959 73 Stat. 490 section 1182(g) of this title  1182d. Denial of visas to confiscators of American property (a) Denial of visas Except as otherwise provided in section 6091 of title 22 (1) through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated, a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or (2) induces any of the actions or omissions described in paragraph (1) by any person. (b) Exceptions Subsection (a) shall not apply to (1) any country established by international mandate through the United Nations; or (2) any territory recognized by the United States Government to be in dispute. (c) Reporting requirement Not later than 6 months after October 21, 1998 (1) a list of aliens who have been denied a visa under this subsection; and (2) a list of aliens who could have been denied a visa under subsection (a) but were issued a visa and an explanation as to why each such visa was issued. ( Pub. L. 105277, div. G Oct. 21, 1998 112 Stat. 2681819  Editorial Notes Codification Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, and also as part of the Foreign Affairs Reform and Restructuring Act of 1998, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Immigration and Nationality Act which comprises this chapter.  1182e. Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy (a) Denial of entry Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies. (b) Exceptions The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister. (c) Waiver The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary (1) determines that it is important to the national interest of the United States to do so; and (2) provides written notification to the appropriate congressional committees containing a justification for the waiver. ( Pub. L. 106113, div. B,  1000(a)(7) [div. A, title VIII,  801] Nov. 29, 1999 113 Stat. 1536  Editorial Notes Codification Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1182f. Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation (a) Denial of entry Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices. (b) Exception The prohibitions in subsection (a) do not apply to an applicant who is a head of state, head of government, or cabinet-level minister. (c) Waiver The Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary (1) determines that it is important to the national interest of the United States to do so; and (2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees containing a justification for the waiver. ( Pub. L. 107228, div. A, title II,  232 Sept. 30, 2002 116 Stat. 1372  Editorial Notes Codification Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Definitions For definitions of Secretary and appropriate congressional committees as used in this section, see section 3 of Pub. L. 107228 section 2651 of Title 22  1183. Admission of aliens on giving bond or undertaking; return upon permanent departure  An alien inadmissible under paragraph (4) of section 1182(a) of this title section 1183a of this title ( June 27, 1952, ch. 477 66 Stat. 188 Pub. L. 91313,  1 July 10, 1970 84 Stat. 413 Pub. L. 101649, title VI,  603(a)(8) Nov. 29, 1990 104 Stat. 5083 Pub. L. 104208, div. C, title III,  308(d)(3)(A) Sept. 30, 1996 110 Stat. 3009617  Editorial Notes Amendments 1996 Pub. L. 104208,  564(f) section 1183a of this title Pub. L. 104208,  308(d)(3)(A) 1990 Pub. L. 101649 1970 Pub. L. 91313 section 1182(a) of this title Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(d)(3)(A) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 564(f) of Pub. L. 104208 Sept. 30, 1996 section 591 of Pub. L. 104208 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1183a. Requirements for sponsors affidavit of support (a) Enforceability (1) Terms of affidavit No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 1182(a)(4) of this title (A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable; (B) that is legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State (or any political subdivision of such State), or by any other entity that provides any means-tested public benefit (as defined in subsection (e) 1 1 (C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2). (2) Period of enforceability An affidavit of support shall be enforceable with respect to benefits provided for an alien before the date the alien is naturalized as a citizen of the United States, or, if earlier, the termination date provided under paragraph (3). (3) Termination of period of enforceability upon completion of required period of employment, etc. (A) In general An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 December 31, 1996 section 1613 of this title (B) Qualifying quarters For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [ 42 U.S.C. 401 (i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and (ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased. No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996 section 1613 of this title (C) Provision of information to save system The Attorney General shall ensure that appropriate information regarding the application of this paragraph is provided to the system for alien verification of eligibility (SAVE) described in section 1137(d)(3) of the Social Security Act [ 42 U.S.C. 1320b7(d)(3) (b) Reimbursement of government expenses (1) Request for reimbursement (A) Requirement Upon notification that a sponsored alien has received any means-tested public benefit, the appropriate nongovernmental entity which provided such benefit or the appropriate entity of the Federal Government, a State, or any political subdivision of a State shall request reimbursement by the sponsor in an amount which is equal to the unreimbursed costs of such benefit. (B) Regulations The Attorney General, in consultation with the heads of other appropriate Federal agencies, shall prescribe such regulations as may be necessary to carry out subparagraph (A). (2) Actions to compel reimbursement (A) In case of nonresponse If within 45 days after a request for reimbursement under paragraph (1)(A), the appropriate entity has not received a response from the sponsor indicating a willingness to commence payment an action may be brought against the sponsor pursuant to the affidavit of support. (B) In case of failure to pay If the sponsor fails to abide by the repayment terms established by the appropriate entity, the entity may bring an action against the sponsor pursuant to the affidavit of support. (C) Limitation on actions No cause of action may be brought under this paragraph later than 10 years after the date on which the sponsored alien last received any means-tested public benefit to which the affidavit of support applies. (3) Use of collection agencies If the appropriate entity under paragraph (1)(A) requests reimbursement from the sponsor or brings an action against the sponsor pursuant to the affidavit of support, the appropriate entity may appoint or hire an individual or other person to act on behalf of such entity acting under the authority of law for purposes of collecting any amounts owed. (c) Remedies Remedies available to enforce an affidavit of support under this section include any or all of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law. A Federal agency may seek to collect amounts owed under this section in accordance with the provisions of subchapter II of chapter 37 of title 31. (d) Notification of change of address (1) General requirement The sponsor shall notify the Attorney General and the State in which the sponsored alien is currently a resident within 30 days of any change of address of the sponsor during the period in which an affidavit of support is enforceable. (2) Penalty Any person subject to the requirement of paragraph (1) who fails to satisfy such requirement shall, after notice and opportunity to be heard, be subject to a civil penalty of (A) not less than $250 or more than $2,000, or (B) if such failure occurs with knowledge that the sponsored alien has received any means-tested public benefits (other than benefits described in section 1611(b), 1613(c)(2), or 1621(b) of this title) not less than $2,000 or more than $5,000. The Attorney General shall enforce this paragraph under appropriate regulations. (e) Jurisdiction An action to enforce an affidavit of support executed under subsection (a) may be brought against the sponsor in any appropriate court (1) by a sponsored alien, with respect to financial support; or (2) by the appropriate entity of the Federal Government, a State or any political subdivision of a State, or by any other nongovernmental entity under subsection (b)(2), with respect to reimbursement. (f) Sponsor defined (1) In general For purposes of this section the term sponsor in relation to a sponsored alien means an individual who executes an affidavit of support with respect to the sponsored alien and who (A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence; (B) is at least 18 years of age; (C) is domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States; (D) is petitioning for the admission of the alien under section 1154 of this title (E) demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line. (2) Income requirement case Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A). (3) Active duty armed services case Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but is on active duty (other than active duty for training) in the Armed Forces of the United States, is petitioning for the admission of the alien under section 1154 of this title (4) Certain employment-based immigrants case Such term also includes an individual (A) who does not meet the requirement of paragraph (1)(D), but is the relative of the sponsored alien who filed a classification petition for the sponsored alien as an employment-based immigrant under section 1153(b) of this title (B) (i) who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line, or (ii) does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A). (5) Non-petitioning cases Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who (A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line; or (B) is a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which (i) the individual petitioning under section 1154 of this title section 1155 of this title (ii) the aliens petition is being adjudicated pursuant to section 1154( l (6) Demonstration of means to maintain income (A) In general (i) Method of demonstration For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified copy of the individuals Federal income tax return for the individuals 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28 (ii) Flexibility For purposes of this section, aliens may demonstrate the means to maintain income through demonstration of significant assets of the sponsored alien or of the sponsor, if such assets are available for the support of the sponsored alien. (iii) Percent of poverty For purposes of this section, a reference to an annual income equal to at least a particular percentage of the Federal poverty line means an annual income equal to at least such percentage of the Federal poverty line for a family unit of a size equal to the number of members of the sponsors household (including family and non-family dependents) plus the total number of other dependents and aliens sponsored by that sponsor. (B) Limitation The Secretary of State, or the Attorney General in the case of adjustment of status, may provide that the demonstration under subparagraph (A) applies only to the most recent taxable year. (h)  2 2 For purposes of this section, the term Federal poverty line means the level of income equal to the official poverty line (as defined by the Director of the Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section 9902(2) of title 42 (i) Sponsors social security account number required to be provided (1) An affidavit of support shall include the social security account number of each sponsor. (2) The Attorney General shall develop an automated system to maintain the social security account number data provided under paragraph (1). (3) The Attorney General shall submit an annual report to the Committees on the Judiciary of the House of Representatives and the Senate setting forth (A) for the most recent fiscal year for which data are available the number of sponsors under this section and the number of sponsors in compliance with the financial obligations of this section; and (B) a comparison of such numbers with the numbers of such sponsors for the preceding fiscal year. ( June 27, 1952, ch. 477 Pub. L. 104193, title IV,  423(a) Aug. 22, 1996 110 Stat. 2271 Pub. L. 104208, div. C, title V,  551(a) Sept. 30, 1996 110 Stat. 3009675 Pub. L. 107150,  2(a)(1) Mar. 13, 2002 116 Stat. 74 Pub. L. 11183, title V,  568(e) Oct. 28, 2009 123 Stat. 2187  Editorial Notes  References in Text Subsection (e), referred to in subsec. (a)(1)(B), does not define means-tested public benefit. The Social Security Act, referred to in subsec. (a)(3)(A), (B), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Amendments 2009Subsec. (f)(5)(B)(i), (ii). Pub. L. 11183 (i) the individual petitioning under section 1154 of this title (ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under section 1155 of this title 2002Subsec. (f)(2), (4)(B)(ii). Pub. L. 107150,  2(a)(3) Subsec. (f)(5). Pub. L. 107150,  2(a)(1) 1996 Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107150 Mar. 13, 2002 section 1154 of this title section 1182(a)(4)(C)(ii) of this title section 2(b) of Pub. L. 107150 section 1182 of this title Effective Date of 1996 Amendments; Promulgation of Form Pub. L. 104208, div. C, title V,  551(c) Sept. 30, 1996 110 Stat. 3009679  (1)  In general The amendments made by this section [enacting this section, amending sections 1631 and 1632 of this title, and repealing provisions set out as a note under this section] shall apply to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60 days (and not later than 90 days) after the date the Attorney General formulates the form for such affidavits under paragraph (2). (2)  Promulgation of form Not later than 90 days after the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104193, title IV,  423(c) Aug. 22, 1996 110 Stat. 2273 Pub. L. 104208, div. C, title V,  551(b)(2) Sept. 30, 1996 104 Stat. 3009679  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Fees Relating to Affidavits of Support Pub. L. 106113, div. B,  1000(a)(7) [div. A, title II,  232] Nov. 29, 1999 113 Stat. 1536 Pub. L. 107228, div. A, title II,  211(b) Sept. 30, 2002 116 Stat. 1365 Pub. L. 11531, div. J, title VII,  7081(e) May 5, 2017 131 Stat. 716  (a)  Authority To Charge Fee The Secretary of State may charge and retain a fee or surcharge for services provided by the Department of State to any sponsor who provides an affidavit of support under section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a (b)  Limitation Any fee established under subsection (a) shall be charged only once to a sponsor or joint sponsors who file essentially duplicative affidavits of support in connection with separate immigrant visa applications from the spouse and children of any petitioner required by the Immigration and Nationality Act [ 8 U.S.C. 1101 (c)  Treatment of Fees Fees collected under the authority of subsection (a) shall be deposited in the Consular and Border Security Programs account to recover the cost of providing consular services. Such fees shall remain available for obligation until expended. Pilot Programs To Require Bonding Pub. L. 104208, div. C, title V,  564 Sept. 30, 1996 110 Stat. 3009683 section 1631 of this title Benefits Not Subject to Reimbursement Pub. L. 104193, title IV,  423(d) Aug. 22, 1996 110 Stat. 2273 Pub. L. 105277, div. A,  101(f) [title VIII,  405(d)(3)(B), (f)(3)(B)] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 10678, title VII,  752(b)(6) Oct. 22, 1999 113 Stat. 1169  Requirements for reimbursement by a sponsor for benefits provided to a sponsored alien pursuant to an affidavit of support under section 213A of the Immigration and Nationality Act [ 8 U.S.C. 1183a (1) Medical assistance described in section 401(b)(1)(A) [ 8 U.S.C. 1611(b)(1)(A) 8 U.S.C. 1621(b)(1) (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Assistance or benefits under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 (4) Assistance or benefits under the Child Nutrition Act of 1966 [ 42 U.S.C. 1771 (5) Public health assistance for immunizations (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 (6) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [ 42 U.S.C. 620 8 U.S.C. 1641 (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) are necessary for the protection of life or safety. (8) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965 [ 20 U.S.C. 1070 42 U.S.C. 241 (9) Benefits under the Head Start Act [ 42 U.S.C. 9831 (10) Means-tested programs under the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 (11) Benefits under the [sic] title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801  1184. Admission of nonimmigrants (a) Regulations (1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title l section 1187 of this title (2) (A) The period of authorized status as a nonimmigrant described in section 1101(a)(15)(O) of this title (B) The period of authorized status as a nonimmigrant described in section 1101(a)(15)(P) of this title section 1101(a)(15)(P) of this title (b) Presumption of status; written waiver Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title section 1101(a)(15)(H)(i) of this title section 1101(a)(15) of this title 22 U.S.C. 288 section 1257(b) of this title (c) Petition of importing employer (1) The question of importing any alien as a nonimmigrant under subparagraph (H), (L), (O), or (P)(i) of section 1101(a)(15) of this title section 1101(a)(15)(H)(ii)(a) of this title section 1188 of this title 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 (B) For purposes of section 1101(a)(15)(L) of this title (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 (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 (ii) a nonimmigrant admitted to render services in a capacity that involves specialized knowledge under section 1101(a)(15)(L) of this title (E) In the case of an alien spouse admitted under section 1101(a)(15)(L) of this title (F) An alien who will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 1101(a)(15)(L) of this title section 1101(a)(15)(L) of this title (i) the alien will be controlled and supervised principally by such unaffiliated employer; or (ii) the placement of the alien at the worksite of the unaffiliated employer is essentially an arrangement to provide labor for hire for the unaffiliated employer, rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary. (3) The Attorney General shall approve a petition (A) with respect to a nonimmigrant described in section 1101(a)(15)(O)(i) of this title (B) with respect to a nonimmigrant described in section 1101(a)(15)(O)(ii) of this title In the case of an alien seeking entry for a motion picture or television production, (i) any opinion under the previous sentence shall only be advisory, (ii) any such opinion that recommends denial must be in writing, (iii) in making the decision the Attorney General shall consider the exigencies and scheduling of the production, and (iv) the Attorney General shall append to the decision any such opinion. The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 1101(a)(15)(O)(i) of this title (4) (A) For purposes of section 1101(a)(15)(P)(i)(a) of this title (i) (I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance; (II) is a professional athlete, as defined in section 1154(i)(2) of this title (III) performs as an athlete, or as a coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams, if (aa) the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country; (bb) participation in such league or association renders players ineligible, whether on a temporary or permanent basis, to earn a scholarship in, or participate in, that sport at a college or university in the United States under the rules of the National Collegiate Athletic Association; and (cc) a significant number of the individuals who play in such league or association are drafted by a major sports league or a minor league affiliate of such a sports league; or (IV) is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice skating production; and (ii) seeks to enter the United States temporarily and solely for the purpose of performing (I) as such an athlete with respect to a specific athletic competition; or (II) in the case of an individual described in clause (i)(IV), in a specific theatrical ice skating production or tour. (B) (i) For purposes of section 1101(a)(15)(P)(i)(b) of this title (I) performs with or is an integral and essential part of the performance of an entertainment group that has (except as provided in clause (ii)) been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time, (II) in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial relationship with that group (ordinarily for at least one year) and provides functions integral to the performance of the group, and (III) seeks to enter the United States temporarily and solely for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance. (ii) In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition requirement of clause (i)(I). (iii) (I) The one-year relationship requirement of clause (i)(II) shall not apply to 25 percent of the performers and entertainers in a group. (II) The Attorney General may waive such one-year relationship requirement for an alien who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments the group by performing a critical role. (iv) The requirements of subclauses (I) and (II) of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus group or who constitute an integral and essential part of the performance of such circus or circus group, but only if such personnel are entering the United States to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus. (C) A person may petition the Attorney General for classification of an alien as a nonimmigrant under section 1101(a)(15)(P) of this title (D) The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) of section 1101(a)(15)(P) of this title (E) The Attorney General shall approve petitions under this subsection for nonimmigrants described in section 1101(a)(15)(P)(ii) of this title (F) (i) No nonimmigrant visa under section 1101(a)(15)(P)(i)(a) of this title (ii) In this subparagraph, the term state sponsor of international terrorism means any country the government of which has been determined by the Secretary of State under any of the laws specified in clause (iii) to have repeatedly provided support for acts of international terrorism. (iii) The laws specified in this clause are the following: (I)  Section 4605(j)(1)(A) of title 50 1 1 (II)  Section 2780(d) of title 22 (III)  Section 2371(a) of title 22 (G) The Secretary of Homeland Security shall permit a petition under this subsection to seek classification of more than 1 alien as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of this title (H) The Secretary of Homeland Security shall permit an athlete, or the employer of an athlete, to seek admission to the United States for such athlete under a provision of this chapter other than section 1101(a)(15)(P)(i) of this title (5) (A) In the case of an alien who is provided nonimmigrant status under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b) of this title and who is dismissed from employment by the employer before the end of the period of authorized admission, the employer shall be liable for the reasonable costs of return transportation of the alien abroad. (B) In the case of an alien who is admitted to the United States in nonimmigrant status under section 1101(a)(15)(O) or 1101(a)(15)(P) of this title and whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment formed the basis of such nonimmigrant status and the petitioner are jointly and severally liable for the reasonable cost of return transportation of the alien abroad. The petitioner shall provide assurance satisfactory to the Attorney General that the reasonable cost of that transportation will be provided. (6) (A) (i) To meet the consultation requirement of paragraph (3)(A) in the case of a petition for a nonimmigrant described in section 1101(a)(15)(O)(i) of this title (ii) To meet the consultation requirement of paragraph (3)(B) in the case of a petition for a nonimmigrant described in section 1101(a)(15)(O)(ii) of this title (iii) To meet the consultation requirement of paragraph (4)(D) in the case of a petition for a nonimmigrant described in section 1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title, the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the specific field of athletics or entertainment involved. (B) To meet the consultation requirements of subparagraph (A), unless the petitioner submits with the petition an advisory opinion from an appropriate labor organization, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization within 5 days of the date of receipt of the petition. If there is a collective bargaining representative of an employers employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization. (C) In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion. (D) Any person or organization receiving a copy of a petition described in subparagraph (A) and supporting documents shall have no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal evidence, the Attorney General shall adjudicate such petition in no more than 14 days. The Attorney General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any participant in the process. (E) (i) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant artists or entertainers described in section 1101(a)(15)(O) or 1101(a)(15)(P) of this title to accommodate the exigencies and scheduling of a given production or event. (ii) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant athletes described in section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this title in the case of emergency circumstances (including trades during a season). (F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as permitting the Attorney General to delegate any authority under this subsection to such an entity. The Attorney General shall give such weight to advisory opinions provided under this section as the Attorney General determines, in his sole discretion, to be appropriate. (7) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the determination and the reasons for the denial and of the process by which the petitioner may appeal the determination. (8) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under each subcategory of subparagraphs (H), (O), (P), and (Q) of section 1101(a)(15) of this title (A) The number of such petitions which have been filed. (B) The number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions. (C) The number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions. (D) The number of such petitions which have been withdrawn. (E) The number of such petitions which are awaiting final action. (9) (A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001(a) of title 20 2 2 (i) initially to grant an alien nonimmigrant status described in section 1101(a)(15)(H)(i)(b) of this title (ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or (iii) to obtain authorization for an alien having such status to change employers. (B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer). (C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356(s) of this title (10) An amended H1B petition shall not be required where the petitioning employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation, where a new corporate entity succeeds to the interests and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the petitioner. (11) (A) Subject to subparagraph (B), the Secretary of Homeland Security or the Secretary of State, as appropriate, shall impose a fee on an employer who has filed an attestation described in section 1182(t) of this title (i) in order that an alien may be initially granted nonimmigrant status described in section 1101(a)(15)(H)(i)(b1) of this title; or (ii) in order to satisfy the requirement of the second sentence of subsection (g)(8)(C) for an alien having such status to obtain certain extensions of stay. (B) The amount of the fee shall be the same as the amount imposed by the Secretary of Homeland Security under paragraph (9), except that if such paragraph does not authorize such Secretary to impose any fee, no fee shall be imposed under this paragraph. (C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356(s) of this title (12) (A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1) (i) initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 1101(a)(15) of this title (ii) to obtain authorization for an alien having such status to change employers. (B) In addition to any other fees authorized by law, the Secretary of State shall impose a fraud prevention and detection fee on an alien filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant described in section 1101(a)(15)(L) of this title (C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500. (D) The fee imposed under subparagraph (A) or (B) shall only apply to principal aliens and not to the spouses or children who are accompanying or following to join such principal aliens. (E) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356(v) of this title (13) (A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1) for nonimmigrant workers described in section 1101(a)(15)(H)(ii)(b) of this title (B) The amount of the fee imposed under subparagraph (A) shall be $150. (14) (A) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise provide status to a nonimmigrant worker under section 1101(a)(15)(H)(ii)(b) of this title (i) the Secretary of Homeland Security may, in addition to any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and (ii) the Secretary of Homeland Security may deny petitions filed with respect to that employer under section 1154 of this title (B) The Secretary of Homeland Security may delegate to the Secretary of Labor, with the agreement of the Secretary of Labor, any of the authority given to the Secretary of Homeland Security under subparagraph (A)(i). (C) In determining the level of penalties to be assessed under subparagraph (A), the highest penalties shall be reserved for willful failures to meet any of the conditions of the petition that involve harm to United States workers. (D) In this paragraph, the term substantial failure means the willful failure to comply with the requirements of this section that constitutes a significant deviation from the terms and conditions of a petition. (d) Issuance of visa to fiancee or fiance of citizen (1) A visa shall not be issued under the provisions of section 1101(a)(15)(K)(i) of this title (2) (A) Subject to subparagraphs (B) and (C), the Secretary of Homeland Security may not approve a petition under paragraph (1) unless the Secretary has verified that (i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and (ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition. (B) The Secretary of Homeland Security may, in the Secretarys discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph (C), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons. (C) (i) The Secretary of Homeland Security is not limited by the criminal court record and shall grant a waiver of the condition described in the second sentence of subparagraph (B) in the case of a petitioner described in clause (ii). (ii) A petitioner described in this clause is a petitioner who has been battered or subjected to extreme cruelty and who is or was not the primary perpetrator of violence in the relationship upon a determination that (I) the petitioner was acting in self-defense; (II) the petitioner was found to have violated a protection order intended to protect the petitioner; or (III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime and the petitioners having been battered or subjected to extreme cruelty. (iii) In acting on applications under this subparagraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary. (3) In this subsection: (A) The terms domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1 (B) The term specified crime means the following: (i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt to commit any such crime. (ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause. (iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act. (e) Nonimmigrant professionals and annual numerical limit (1) An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 16A of the USMCA (as defined in section 4502 of title 19 section 1101(a)(15) of this title (2) In the case of an alien spouse admitted under section 1101(a)(15)(E) of this title (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 section 116 of title 46 section 40102(a)(2) of title 49 (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 (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 (i) 65,000 in each fiscal year before fiscal year 1999; (ii) 115,000 in fiscal year 1999; (iii) 115,000 in fiscal year 2000; (iv) 195,000 in fiscal year 2001; (v) 195,000 in fiscal year 2002; (vi) 195,000 in fiscal year 2003; and (vii) 65,000 in each succeeding fiscal year; or (B) under section 1101(a)(15)(H)(ii)(b) of this title (2) The numerical limitations of paragraph (1) shall only apply to principal aliens and not to the spouses or children of such aliens. (3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issued visas or otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved. (4) In the case of a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title (5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 1101(a)(15)(H)(i)(b) of this title (A) is employed (or has received an offer of employment) at an institution of higher education (as defined in section 1001(a) of title 20 (B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization; or (C) has earned a masters or higher degree from a United States institution of higher education (as defined in section 1001(a) of title 20 (6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant alien described in section 1101(a)(15)(H)(i)(b) of this title (7) Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once. (8) (A) The agreements referred to in section 1101(a)(15)(H)(i)(b1) of this title are (i) the United States-Chile Free Trade Agreement; and (ii) the United States-Singapore Free Trade Agreement. (B) (i) The Secretary of Homeland Security shall establish annual numerical limitations on approvals of initial applications by aliens for admission under section 1101(a)(15)(H)(i)(b1) of this title. (ii) The annual numerical limitations described in clause (i) shall not exceed (I) 1,400 for nationals of Chile (as defined in article 14.9 of the United States-Chile Free Trade Agreement) for any fiscal year; and (II) 5,400 for nationals of Singapore (as defined in Annex 1A of the United States-Singapore Free Trade Agreement) for any fiscal year. (iii) The annual numerical limitations described in clause (i) shall only apply to principal aliens and not to the spouses or children of such aliens. (iv) The annual numerical limitation described in paragraph (1)(A) is reduced by the amount of the annual numerical limitations established under clause (i). However, if a numerical limitation established under clause (i) has not been exhausted at the end of a given fiscal year, the Secretary of Homeland Security shall adjust upwards the numerical limitation in paragraph (1)(A) for that fiscal year by the amount remaining in the numerical limitation under clause (i). Visas under section 1101(a)(15)(H)(i)(b) of this title (C) The period of authorized admission as a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title shall be 1 year, and may be extended, but only in 1-year increments. After every second extension, the next following extension shall not be granted unless the Secretary of Labor had determined and certified to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title (D) The numerical limitation described in paragraph (1)(A) for a fiscal year shall be reduced by one for each alien granted an extension under subparagraph (C) during such year who has obtained 5 or more consecutive prior extensions. (9) (A) Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall not again be counted toward such limitation during fiscal year 2016. Such an alien shall be considered a returning worker. (B) A petition to admit or otherwise provide status under section 1101(a)(15)(H)(ii)(b) of this title (i) all information and evidence that the Secretary of Homeland Security determines is required to support a petition for status under section 1101(a)(15)(H)(ii)(b) of this title (ii) the full name of the alien; and (iii) a certification to the Department of Homeland Security that the alien is a returning worker. (C) An H2B visa or grant of nonimmigrant status for a returning worker shall be approved only if the alien is confirmed to be a returning worker by (i) the Department of State; or (ii) if the alien is visa exempt or seeking to change to status under section 1101 (a)(15)(H)(ii)(b) of this title, the Department of Homeland Security. (10) The numerical limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens subject to such numerical limits who enter the United States pursuant to a visa or are accorded nonimmigrant status under section 1101(a)(15)(H)(ii)(b) of this title (11) (A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 1101(a)(15)(E)(iii) of this title (B) The applicable numerical limitation referred to in subparagraph (A) is 10,500 for each fiscal year. (C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens. (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 section 1101(a)(15) of this title section 1258 of this title (i) Specialty occupation defined (1) Except as provided in paragraph (3), for purposes of section 1101(a)(15)(H)(i)(b) of this title section 1101(a)(15)(E)(iii) of this title (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelors 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 (A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation, (B) completion of the degree described in paragraph (1)(B) for the occupation, or (C) (i) experience in the specialty equivalent to the completion of such degree, and (ii) recognition of expertise in the specialty through progressively responsible positions relating to the specialty. (3) For purposes of section 1101(a)(15)(H)(i)(b1) of this title, the term specialty occupation means an occupation that requires (A) theoretical and practical application of a body of specialized knowledge; and (B) attainment of a bachelors or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. (j) Labor disputes (1) Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada or Mexico who seeks to enter the United States under and pursuant to the provisions of Section B, Section C, or Section D of Annex 16A of the USMCA (as defined in section 4502 of title 19 (2) Notwithstanding any other provision of this chapter except section 1182(t)(1) of this title section 1101(a)(15) of this title (k) Numerical limitations; period of admission; conditions for admission and stay; annual report (1) The number of aliens who may be provided a visa as nonimmigrants under section 1101(a)(15)(S)(i) of this title section 1101(a)(15)(S)(ii) of this title (2) The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General. (3) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant (A) shall report not less often than quarterly to the Attorney General such information concerning the aliens whereabouts and activities as the Attorney General may require; (B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission; (C) must have executed a form that waives the nonimmigrants right to contest, other than on the basis of an application for withholding of removal, any action for removal of the alien instituted before the alien obtains lawful permanent resident status; and (D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General. (4) The Attorney General shall submit a report annually to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate concerning (A) the number of such nonimmigrants admitted; (B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens; (C) the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens; (D) the number of such nonimmigrants whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the prevention or frustration of a terrorist act; and (E) the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (3)) or who have been convicted of crimes in the United States after the date of their admission as such a nonimmigrant. (l) Restrictions on waiver (1) In the case of a request by an interested State agency, or by an interested Federal agency, for a waiver of the 2-year foreign residence requirement under section 1182(e) of this title (A) in the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such country furnishes the Director of the United States Information Agency with a statement in writing that it has no objection to such waiver; (B) in the case of a request by an interested State agency, the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed 30; (C) in the case of a request by an interested Federal agency or by an interested State agency (i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Attorney General to be in the public interest; and (ii) the alien agrees to begin employment with the health facility or health care organization within 90 days of receiving such waiver, and agrees to continue to work for a total of not less than 3 years (unless the Attorney General determines that extenuating circumstances exist, such as closure of the facility or hardship to the alien, which would justify a lesser period of employment at such health facility or health care organization, in which case the alien must demonstrate another bona fide offer of employment at a health facility or health care organization for the remainder of such 3-year period); and (D) in the case of a request by an interested Federal agency (other than a request by an interested Federal agency to employ the alien full-time in medical research or training) or by an interested State agency, the alien agrees to practice primary care or specialty medicine in accordance with paragraph (2) for a total of not less than 3 years only in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, except that (i) in the case of a request by the Department of Veterans Affairs, the alien shall not be required to practice medicine in a geographic area designated by the Secretary; (ii) in the case of a request by an interested State agency, the head of such State agency determines that the alien is to practice medicine under such agreement in a facility that serves patients who reside in one or more geographic areas so designated by the Secretary of Health and Human Services (without regard to whether such facility is located within such a designated geographic area), and the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B)) in accordance with the conditions of this clause to exceed 10; and (iii) in the case of a request by an interested Federal agency or by an interested State agency for a waiver for an alien who agrees to practice specialty medicine in a facility located in a geographic area so designated by the Secretary of Health and Human Services, the request shall demonstrate, based on criteria established by such agency, that there is a shortage of health care professionals able to provide services in the appropriate medical specialty to the patients who will be served by the alien. (2) (A) Notwithstanding section 1258(a)(2) of this title section 1182(e) of this title section 1101(a)(15)(H)(i)(b) of this title (B) No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of the contract with the health facility or health care organization named in the waiver application shall be eligible to apply for an immigrant visa, for permanent residence, or for any other change of nonimmigrant status, until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least 2 years following departure from the United States. (3) Notwithstanding any other provision of this subsection, the 2-year foreign residence requirement under section 1182(e) of this title section 1101(a)(27)(H) of this title (A) at any time the alien ceases to comply with any agreement entered into under subparagraph (C) or (D) of paragraph (1); or (B) the aliens employment ceases to benefit the public interest at any time during the 3-year period described in paragraph (1)(C). (m) Nonimmigrant elementary and secondary school students (1) An alien may not be accorded status as a nonimmigrant under clause (i) or (iii) of section 1101(a)(15)(F) of this title (A) at a public elementary school or in a publicly funded adult education program; or (B) at a public secondary school unless (i) the aggregate period of such status at such a school does not exceed 12 months with respect to any alien, and (ii) the alien demonstrates that the alien has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at such school for the period of the aliens attendance. (2) An alien who obtains the status of a nonimmigrant under clause (i) or (iii) of section 1101(a)(15)(F) of this title section 1101(a)(15)(F) of this title (n) Increased portability of H1B status (1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 1101(a)(15)(H)(i)(b) of this title (2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien (A) who has been lawfully admitted into the United States; (B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and (C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition. (o) Nonimmigrants guilty of trafficking in persons (1) No alien shall be eligible for admission to the United States under section 1101(a)(15)(T) of this title section 7102 of title 22 (2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section 1101(a)(15)(T) of this title (3) The numerical limitation of paragraph (2) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, or parents of such aliens. (4) An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 1101(a)(15)(T)(i) of this title section 1101(a)(15)(T)(ii) of this title (5) An alien described in clause (i) of section 1101(a)(15)(T) of this title (6) In making a determination under section 1101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements from State and local law enforcement officials that the alien has complied with any reasonable request for assistance in the investigation or prosecution of crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking in persons (as defined in section 7102 of title 22 (7) (A) Except as provided in subparagraph (B), an alien who is issued a visa or otherwise provided nonimmigrant status under section 1101(a)(15)(T) of this title (B) An alien who is issued a visa or otherwise provided nonimmigrant status under section 1101(a)(15)(T) of this title (i) a Federal, State, or local law enforcement official, prosecutor, judge, or other authority investigating or prosecuting activity relating to human trafficking or certifies that the presence of the alien in the United States is necessary to assist in the investigation or prosecution of such activity; (ii) the alien is eligible for relief under section 1255( l (iii) the Secretary of Homeland Security determines that an extension of the period of such nonimmigrant status is warranted due to exceptional circumstances. (C) Nonimmigrant status under section 1101(a)(15)(T) of this title l (p) Requirements applicable to section 1101(a)(15)(U) visas (1) Petitioning procedures for section 1101(a)(15)(U) visas The petition filed by an alien under section 1101(a)(15)(U)(i) of this title section 1101(a)(15)(U)(iii) of this title section 1101(a)(15)(U)(iii) of this title (2) Numerical limitations (A) The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 1101(a)(15)(U) of this title (B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described in section 1101(a)(15)(U)(i) of this title (3) Duties of the Attorney General with respect to U visa nonimmigrants With respect to nonimmigrant aliens described in subsection (a)(15)(U) of section 1101 of this title (A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and (B) the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization. (4) Credible evidence considered In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition. (5) Nonexclusive relief Nothing in this subsection limits the ability of aliens who qualify for status under section 1101(a)(15)(U) of this title (6) Duration of status The authorized period of status of an alien as a nonimmigrant under section 1101(a)(15)(U) of this title section 1101(a)(15)(U)(iii) of this title section 1101(a)(15)(U) of this title section 1255(m) of this title section 1255(m) of this title section 1101(a)(15)(U) of this title (7) Age determinations (A) Children An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 1101(a)(15)(U)(i) of this title section 1101(a)(15)(U)(ii) of this title (B) Principal aliens An alien described in clause (i) of section 1101(a)(15)(U) of this title (q) Employment of nonimmigrants described in section 1101(a)(15)(V) (1) In the case of a nonimmigrant described in section 1101(a)(15)(V) of this title (A) the Attorney General shall authorize the alien to engage in employment in the United States during the period of authorized admission and shall provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment; and (B) the period of authorized admission as such a nonimmigrant shall terminate 30 days after the date on which any of the following is denied: (i) The petition filed under section 1154 of this title section 1153(a)(2)(A) of this title section 1153(d) of this title section 1153(a)(2)(A) of this title (ii) The aliens application for an immigrant visa pursuant to the approval of such petition. (iii) The aliens application for adjustment of status under section 1255 of this title (2) In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under section 1101(a)(15)(V) of this title section 1182(a)(9)(B) of this title (3) The status of an alien physically present in the United States may be adjusted by the Attorney General, in the discretion of the Attorney General and under such regulations as the Attorney General may prescribe, to that of a nonimmigrant under section 1101(a)(15)(V) of this title (A) applies for such adjustment; (B) satisfies the requirements of such section; and (C) is eligible to be admitted to the United States, except in determining such admissibility, the grounds for inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) of section 1182(a) of this title (r) Visas of nonimmigrants described in section 1101(a)(15)(K)(ii) (1) A visa shall not be issued under the provisions of section 1101(a)(15)(K)(ii) of this title 3 3 (2) In the case of an alien seeking admission under section 1101(a)(15)(K)(ii) of this title section 1182(a)(7)(B) of this title (3) In the case of a nonimmigrant described in section 1101(a)(15)(K)(ii) of this title (A) The petition filed under section 1154 of this title section 1151(b)(2)(A)(i) of this title (B) The principal aliens application for an immigrant visa pursuant to the approval of such petition. (C) The principal aliens application for adjustment of status under section 1255 of this title (4) (A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for fiance(e)s and spouses under clauses (i) and (ii) of section 1101(a)(15)(K) of this title section 1101(a)(15)(K) of this title (B) (i) Once a petitioner has had two fiance(e) or spousal petitions approved under clause (i) or (ii) of section 1101(a)(15)(K) of this title (ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 1375a(a)(5)(A)(i) of this title (5) In this subsection: (A) The terms domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 1 (B) The term specified crime means the following: (i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt to commit any such crime. (ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause. (iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act. ( June 27, 1952, ch. 477 66 Stat. 189 Pub. L. 91225,  3 Apr. 7, 1970 84 Stat. 117 Pub. L. 98454, title VI,  602(b) Oct. 5, 1984 98 Stat. 1737 Pub. L. 99603, title III Nov. 6, 1986 100 Stat. 3411 Pub. L. 99639,  3(a) Nov. 10, 1986 100 Stat. 3542 Pub. L. 100449, title III,  307(b) Sept. 28, 1988 102 Stat. 1877 Pub. L. 100525,  2 l Oct. 24, 1988 102 Stat. 2612 Pub. L. 101649, title II Nov. 29, 1990 104 Stat. 5014 Pub. L. 102232, title II Dec. 12, 1991 105 Stat. 17371741 Pub. L. 103322, title XIII,  130003(b)(2) Sept. 13, 1994 108 Stat. 2025 Pub. L. 103416, title II,  220(b) Oct. 25, 1994 108 Stat. 4319 Pub. L. 104208, div. C, title III,  308(e)(1)(D) Sept. 30, 1996 110 Stat. 3009619 Pub. L. 10565, title I,  108 Oct. 27, 1997 111 Stat. 1350 Pub. L. 105277, div. C, title IV Oct. 21, 1998 112 Stat. 2681642 Pub. L. 106104,  2 Nov. 13, 1999 113 Stat. 1483 Pub. L. 106311,  1 Oct. 17, 2000 114 Stat. 1247 Pub. L. 106313, title I Oct. 17, 2000 114 Stat. 12511253 Pub. L. 106386, div. A,  107(e)(2) Oct. 28, 2000 114 Stat. 1478 Pub. L. 106396, title IV,  401 Oct. 30, 2000 114 Stat. 1647 Pub. L. 106553,  1(a)(2) [title XI,  1102(b), (d)(1), 1103(b), (c)(1)] Dec. 21, 2000 114 Stat. 2762 Pub. L. 10745,  1 Oct. 1, 2001 115 Stat. 258 Pub. L. 107124 Jan. 16, 2002 115 Stat. 2402 Pub. L. 107125 Jan. 16, 2002 115 Stat. 2403 Pub. L. 107273, div. C, title I,  11018(a) Nov. 2, 2002 116 Stat. 1825 Pub. L. 107274,  2(c) Nov. 2, 2002 116 Stat. 1923 Pub. L. 10877, title IV Sept. 3, 2003 117 Stat. 940 Pub. L. 10878, title IV,  402 Sept. 3, 2003 117 Stat. 970 Pub. L. 108193 Dec. 19, 2003 117 Stat. 2878 Pub. L. 108441,  1(b) Dec. 3, 2004 118 Stat. 2630 Pub. L. 108447, div. J, title IV Dec. 8, 2004 118 Stat. 33513353 Pub. L. 10913, div. B, title IV May 11, 2005 119 Stat. 318322 Pub. L. 109162, title VIII Jan. 5, 2006 119 Stat. 3062 Pub. L. 109364, div. A, title X,  1074(a) Oct. 17, 2006 120 Stat. 2403 Pub. L. 109463,  2 Dec. 22, 2006 120 Stat. 3477 Pub. L. 110229, title VII,  702(b)(1) May 8, 2008 122 Stat. 860 Pub. L. 110362,  2 Oct. 8, 2008 122 Stat. 4013 Pub. L. 110457, title II,  201(b) Dec. 23, 2008 122 Stat. 5053 Pub. L. 1134, title VIII Mar. 7, 2013 127 Stat. 111 Pub. L. 114113, div. F, title V,  565 Dec. 18, 2015 129 Stat. 2523 Pub. L. 116113, title III,  311(b) Pub. L. 103182, title III,  341(b) Dec. 8, 1993 107 Stat. 2116 Pub. L. 116113 Pub. L. 116113, title V,  503(b)(1) Jan. 29, 2020 134 Stat. 71 Pub. L. 116113, title V,  503(c) Jan. 29, 2020 134 Stat. 71  Amendment of Section For termination of amendment by section 107(c) of Pub. L. 10878 For termination of amendment by section 107(c) of Pub. L. 10877 For termination of amendment by section 501(c) of Pub. L. 100449 Editorial Notes  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 section 288 of Title 22 Section 4605(j)(1)(A) of title 50 Pub. L. 115232, div. A, title XVII,  1766(a) Aug. 13, 2018 132 Stat. 2232 section 4605(j)(1)(A) of title 50 section 4813(c)(1)(A)(i) of title 50 Pub. L. 115232 This chapter, referred to in subsecs. (c)(4)(H), (e), and (j), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsecs. (d)(3)(A) and (r)(5)(A), is section 3 of Pub. L. 109162 section 3796gg2 of Title 42 section 10447 of Title 34 Codification In subsec. (f)(1),  section 116 of title 46 section 2101(46) of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 Section 503(b)(1)(3) of Pub. L. 116113 section 341 of Pub. L. 103182 Pub. L. 116113 Section 503(b)(4) of Pub. L. 116113 Pub. L. 116113 Amendments 2020Subsec. (e)(1). Pub. L. 116113,  503(c)(1)(C) section 4502 of title 19 Pub. L. 116113,  503(c)(1)(A) Subsec. (e)(2). Pub. L. 116113,  503(c)(1)(B) Subsec. (e)(3) to (5). Pub. L. 116113,  503(c)(1)(A) Subsec. (e)(6). Pub. L. 116113,  503(c)(1)(B) Subsec. (j)(1). Pub. L. 116113,  503(c)(2) section 4502 of title 19 2015Subsec. (g)(9)(A). Pub. L. 114113 2013Subsec. (d)(1). Pub. L. 1134,  807(a)(1)(A) Subsec. (d)(2)(A). Pub. L. 1134,  807(a)(1)(B) Subsec. (d)(3)(B)(i). Pub. L. 1134,  807(a)(1)(C) Subsec. (p)(7). Pub. L. 1134,  805(a) Subsec. (r)(1). Pub. L. 1134,  807(a)(2)(A) Subsec. (r)(4)(B)(ii). Pub. L. 1134,  807(a)(2)(B) section 1375a(a) of this title Subsec. (r)(5)(B)(i). Pub. L. 1134,  807(a)(3) 2008Subsec. (a)(1). Pub. L. 110229 Subsec. ( l Pub. L. 110362 Subsec. ( o Pub. L. 110457,  201(b)(1) Subsec. ( o Pub. L. 110457,  201(b)(2) Subsec. (p)(6). Pub. L. 110457,  201(c) section 1101(a)(15)(U) of this title section 1255(m) of this title section 1255(m) of this title section 1101(a)(15)(U) of this title 2006Subsec. (c)(4)(A)(i), (ii). Pub. L. 109463,  2(a) (i) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, and (ii) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete with respect to a specific athletic competition. Subsec. (c)(4)(F) to (H). Pub. L. 109463,  2(b) Subsec. (d). Pub. L. 109162,  832(a)(1) Subsec. (g)(9)(A). Pub. L. 109364,  1074(a)(1) section 1101(a)(15)(H)(ii)(b) of this title Subsec. (g)(9)(B). Pub. L. 109364,  1074(a)(2) section 1101(a)(15)(H)(ii)(b) of this title Subsec. ( l Pub. L. 109162,  821(c)(2) Subsec. ( o Pub. L. 109162,  821(a) Subsec. (p)(6). Pub. L. 109162,  821(b) Subsec. (r)(1). Pub. L. 109162,  832(a)(2)(A) Subsec. (r)(4), (5). Pub. L. 109162,  832(a)(2)(B) 2005Subsec. (c)(13). Pub. L. 10913,  403(a) Subsec. (c)(14). Pub. L. 10913,  404(a) Subsec. (g)(9). Pub. L. 10913,  402(a) Subsec. (g)(10). Pub. L. 10913,  405 Subsec. (g)(11). Pub. L. 10913,  501(b) Subsec. (i)(1). Pub. L. 10913,  501(c) section 1101(a)(15)(E)(iii) of this title section 1101(a)(15)(H)(i)(b) of this title 2004Subsec. (c)(2)(A). Pub. L. 108447,  413(a) section 1101(a)(15)(L) of this title Subsec. (c)(2)(F). Pub. L. 108447,  412(a) Subsec. (c)(9)(A). Pub. L. 108447,  422(b)(1) October 1, 2003 Subsec. (c)(9)(B). Pub. L. 108447,  422(b)(2) Subsec. (c)(12). Pub. L. 108447,  426(a) Subsec. (g)(5). Pub. L. 108447,  425(a)(1) section 1101(a)(15)(H)(i)(b) of this title Subsec. (g)(5)(A). Pub. L. 108447,  425(a)(2) Subsec. (g)(5)(B). Pub. L. 108447,  425(a)(3) Subsec. (g)(5)(C). Pub. L. 108447,  425(a)(4) Subsec. ( l Pub. L. 108441,  1(c) Subsec. ( l Pub. L. 108441,  1(b) 2003Subsec. (b). Pub. L. 10877 section 1101(a)(15) of this title section 1101(a)(15)(H)(i) of this title section 1101(a)(15) of this title Subsec. (c)(1). Pub. L. 10877 section 1101(a)(15) of this title Subsec. (c)(11). Pub. L. 10877 Subsec. (g)(8). Pub. L. 10877 Subsec. (g)(8)(A). Pub. L. 10878 Subsec. (g)(8)(B)(ii). Pub. L. 10878 Subsec. (h). Pub. L. 10877 Subsec. (i)(1). Pub. L. 10877 Subsec. (i)(3). Pub. L. 10877 Subsec. (j). Pub. L. 10877 Subsec. (m). Pub. L. 108193,  8(a)(3) Subsec. (n). Pub. L. 108193,  8(a)(3) o Subsec. (n)(3). Pub. L. 108193,  4(b)(2)(A) Subsec. (n)(4) to (6). Pub. L. 108193,  4(b)(2)(B) Subsec. ( o Pub. L. 108193,  8(a)(3) o o o section 1101(a)(15)(V) of this title Subsec. (p). Pub. L. 108193,  8(a)(3) o Subsec. (q). Pub. L. 108193,  8(a)(3) o section 1101(a)(15)(V) of this title Subsec. (r). Pub. L. 108193,  8(a)(3) 2002Subsec. (c)(2)(A). Pub. L. 107125,  2(a) section 1101(a)(15)(L) of this title Subsec. (c)(2)(E). Pub. L. 107125,  1 Subsec. (e)(6). Pub. L. 107124 Subsec. ( l Pub. L. 107273 Subsec. (m). Pub. L. 107274 2001Subsec. (k)(2). Pub. L. 10745,  1(2) Pub. L. 10745,  1(1) September 13, 1994 Subsec. (k)(3). Pub. L. 10745,  1(2) Subsec. (k)(4). Pub. L. 10745,  1(2) Subsec. (k)(4)(E). Pub. L. 10745,  1(3) Subsec. (k)(5). Pub. L. 10745,  1(2) 2000Subsec. (b). Pub. L. 106553,  1(a)(2) [title XI,  1102(d)(1)] Subsec. (c)(9)(A). Pub. L. 106311,  1(1) section 1001(a) of title 20 October 1, 2003 section 1182(p)(1) of this title December 1, 1998 October 1, 2001 Subsec. (c)(9)(B). Pub. L. 106311,  1(2) Subsec. (c)(10). Pub. L. 106396 Subsec. (d). Pub. L. 106553,  1(a)(2) [title XI,  1103(c)(1)] Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106313,  102(a) Subsec. (g)(3). Pub. L. 106313,  108 Subsec. (g)(5) to (7). Pub. L. 106313,  103 Subsec. (h). Pub. L. 106553,  1(a)(2) [title XI,  1102(d)(1)] Subsec. ( l Pub. L. 106386,  107(e)(2)(A) l Subsec. (m). Pub. L. 106386,  107(e)(2)(A) l Pub. L. 106313,  105(a) Subsec. (n). Pub. L. 106386,  107(e)(2)(B) Subsec. ( o Pub. L. 106553,  1(a)(2) [title XI,  1102(b)] o section 1101(a)(15)(V) of this title Pub. L. 106386,  1513(c) o Subsec. (p). Pub. L. 106553,  1(a)(2) [title XI,  1103(b)] 1999Subsec. (k)(2). Pub. L. 106104 1998Subsec. (c)(9). Pub. L. 105277,  414(a) Subsec. (g)(1)(A). Pub. L. 105277,  411(a) section 1101(a)(15)(H)(i)(b) of this title 1997Subsec. ( l Pub. L. 10565 1996Subsec. (c)(2)(A). Pub. L. 104208,  308(f)(1)(G) Subsec. (c)(5)(B). Pub. L. 104208,  308(f)(3)(B) Subsec. (d). Pub. L. 104208,  308(g)(5)(A)(i) Pub. L. 104208,  308(f)(1)(H) Pub. L. 104208,  308(e)(2)(B) Subsec. (f)(1). Pub. L. 104208,  671(e)(4)(A) section 40102(a)(2) of title 49 Subsec. (j). Pub. L. 104208,  671(a)(3)(A) Subsec. (j)(1). Pub. L. 104208,  621 Subsec. (k). Pub. L. 104208,  671(a)(3)(A) l Pub. L. 104208,  622(c) section 1182(e) of this title Subsec. (k)(4)(C). Pub. L. 104208,  308(e)(1)(D) Pub. L. 104208,  671(a)(3)(A) Subsec. ( l Pub. L. 104208,  671(a)(3)(A) l Pub. L. 104208,  625(a)(1) l 1994Subsec. (j). Pub. L. 103322 Subsec. (k). Pub. L. 103416 1993Subsec. (e). Pub. L. 116113,  311(b) Pub. L. 103182,  341(b) Pub. L. 116113,  503(b)(1) Subsec. (j). Pub. L. 116113,  311(c) Pub. L. 103182,  341(c) Pub. L. 116113,  503(b)(1) 1991Subsec. (a)(2)(A). Pub. L. 102232,  303(a)(11) Pub. L. 102232,  205(d) Subsec. (a)(2)(B). Pub. L. 102232,  206(a) section 1101(a)(15)(P) of this title Subsec. (c)(2)(A). Pub. L. 102232,  303(a)(10)(A) Subsec. (c)(2)(D). Pub. L. 102232,  303(a)(10)(B) Subsec. (c)(3). Pub. L. 102232,  205(e) section 1101(a)(15)(O)(i) of this title Subsec. (c)(3)(A). Pub. L. 102232,  204(1) Subsec. (c)(3)(B). Pub. L. 102232,  204(2) Subsec. (c)(4)(A), (B). Pub. L. 102232,  203(b) Subsec. (c)(4)(C). Pub. L. 102232,  204(3) Pub. L. 102232,  203(b) Subsec. (c)(4)(D). Pub. L. 102232,  204(4) Pub. L. 102232,  203(b) Subsec. (c)(4)(E). Pub. L. 102232,  206(c)(2) Pub. L. 102232,  203(b) Subsec. (c)(5). Pub. L. 102232,  207(a) Subsec. (c)(5)(A). Pub. L. 102232,  303(a)(12) Subsec. (c)(6), (7). Pub. L. 102232,  204(5) Subsec. (c)(8). Pub. L. 102232,  207(c)(1) Subsec. (g)(1). Pub. L. 102232,  202(a) section 1101(a)(15)(P)(iii) of this title 1990Subsec. (a). Pub. L. 101649,  207(b)(1) Subsec. (b). Pub. L. 101649,  205(b)(1) section 1101(a)(15) of this title Subsec. (c). Pub. L. 101649 Subsec. (f). Pub. L. 101649,  202(a) Subsecs. (g) to (i). Pub. L. 101649,  205(a) 1988Subsec. (c). Pub. L. 100525,  2 l Pub. L. 99603,  301(b) Subsec. (e). Pub. L. 100449 1986Subsec. (a). Pub. L. 99603,  313(b) section 1187 of this title Subsec. (c). Pub. L. 99603,  301(b) Pub. L. 100525,  2 l section 1101(a)(15)(H)(ii)(a) of this title Subsec. (d). Pub. L. 99639,  3(a) Pub. L. 99639,  3(c) 1984Subsec. (a). Pub. L. 98454 l 1970Subsec. (c). Pub. L. 91225,  3(a) section 1101(a)(15) of this title Subsec. (d). Pub. L. 91225,  3(b) Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Pub. L. 116113, title V,  503(f) Jan. 29, 2020 134 Stat. 72  (1)  In general Each transfer, redesignation, and amendment made by this section [amending this section and sections 1365a and 1773 of this title and redesignating section 341 of Pub. L. 103182 section 311 of Pub. L. 116113 section 3401 of Title 19 section 4561 of Title 19 (A) take effect on the date on which the USMCA enters into force [ July 1, 2020 (B) apply with respect to a visa issued on or after that date. (2)  Transition from nafta In the case of a visa issued before the date on which the USMCA enters into force (A) the transfers, redesignations, and amendments made by this section shall not apply with respect to the visa; and (B) the provisions of law amended by subsections (b) through (d) [see bracket above], as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the visa. [For definition of USMCA as used in section 503(f) of Pub. L. 116113 section 4502 of Title 19 Effective Date of 2013 Amendment Pub. L. 1134, title VIII,  805(b) Mar. 7, 2013 127 Stat. 111 The amendment made by subsection (a) [amending this section] shall take effect as if enacted as part of the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106386 114 Stat. 1464 Effective Date of 2008 Amendment Amendment by Pub. L. 110457 Dec. 23, 2008 Dec. 23, 2008 section 201(f) of Pub. L. 110457 section 1101 of this title Amendment by Pub. L. 110229 section 1806 of Title 48 section 705(b) of Pub. L. 110229 section 1806 of Title 48 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title X,  1074(c) Oct. 17, 2006 120 Stat. 2403 The amendments made by this section [amending this section and provisions set out as a note under this section] shall take effect on October 1, 2006 October 1, 2006 Pub. L. 109162, title VIII,  832(a)(3) Jan. 5, 2006 119 Stat. 3068 The amendments made by this subsection [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [ Jan. 5, 2006 Effective Date of 2005 Amendment Pub. L. 10913, div. B, title IV,  402(b) May 11, 2005 119 Stat. 318 Pub. L. 109364, div. A, title X,  1074(b) Oct. 17, 2006 120 Stat. 2403  (1)  In general The amendment in subsection (a) [amending this section] shall take effect as if enacted on October 1, 2004 (2)  Implementation Not later than 14 days after the date of the enactment of this Act [ May 11, 2005 8 U.S.C. 1101(a)(15)(H)(ii)(b) 8 U.S.C. 1184(g)(9)(B) Pub. L. 10913, div. B, title IV,  403(c) May 11, 2005 119 Stat. 319 The amendments made by subsections (a) and (b) [amending this section and section 1356 of this title May 11, 2005 Pub. L. 10913, div. B, title IV,  404(b) May 11, 2005 119 Stat. 320 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2005 Effective Date of 2004 Amendment Pub. L. 108447, div. J, title IV,  412(b) Dec. 8, 2004 118 Stat. 3352 The amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the effective date of this subtitle [subtitle A, effective 180 days after Dec. 8, 2004 Pub. L. 108447, div. J, title IV,  413(b) Dec. 8, 2004 118 Stat. 3352 The amendment made by subsection (a) [amending this section] shall apply only to petitions for initial classification filed on or after the effective date of this subtitle [subtitle A, effective 180 days after Dec. 8, 2004 Pub. L. 108447, div. J, title IV,  417 Dec. 8, 2004 118 Stat. 3353 This subtitle [subtitle A ( 411417) of title IV of div. J of Pub. L. 108447 section 1380 of this title section 1101 of this title Dec. 8, 2004 Amendment by sections 422(b) and 426(a) of Pub. L. 108447 Dec. 8, 2004 section 425(a) of Pub. L. 108447 Dec. 8, 2004 section 430 of Pub. L. 108447 section 1182 of this title Pub. L. 108447, div. J, title IV,  426(c) Dec. 8, 2004 118 Stat. 3358 The amendments made by this section [amending this section and section 1356 of this title Dec. 8, 2004 8 U.S.C. 1184(c) 8 U.S.C. 1202 Effective and Termination Dates of 2003 Amendments Amendment by Pub. L. 10878 Jan. 1, 2004 section 107 of Pub. L. 10878 section 3805 of Title 19 Amendment by Pub. L. 10877 Jan. 1, 2004 section 107 of Pub. L. 10877 section 3805 of Title 19 Effective Date of 2002 Amendment Amendment by Pub. L. 107273 May 31, 2002 section 11018(d) of Pub. L. 107273 section 1182 of this title Effective Date of 2000 Amendments Amendment by section 1(a)(2) [title XI,  1102(b), (d)(1)] of Pub. L. 106553 Dec. 21, 2000 section 1154 of this title Dec. 21, 2000 Pub. L. 106553 section 1101 of this title Amendment by section 1(a)(2) [title XI,  1103(b), (c)(1)] of Pub. L. 106553 Dec. 21, 2000 section 1154 of this title Dec. 21, 2000 Pub. L. 106553 section 1101 of this title Pub. L. 106313, title I,  105(b) Oct. 17, 2000 114 Stat. 1253 The amendment made by subsection (a) [amending this section] shall apply to petitions filed before, on, or after the date of enactment of this Act [ Oct. 17, 2000 Pub. L. 106311,  2 Oct. 17, 2000 114 Stat. 1247 The amendment made by section 1(2) [amending this section] shall apply only to petitions that are filed on or after the date that is 2 months after the date of the enactment of this Act [ Oct. 17, 2000 Effective Date of 1998 Amendment Pub. L. 105277, div. C, title IV,  411(b) Oct. 21, 1998 112 Stat. 2681642 The amendment made by subsection (a) [amending this section] applies beginning with fiscal year 1999. Effective Date of 1996 Amendment Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 625(a)(1) of Pub. L. 104208 section 1101(a)(15)(F) of this title Sept. 30, 1996 section 625(c) of Pub. L. 104208 section 1101 of this title Amendment by section 671(a)(3)(A) of Pub. L. 104208 Pub. L. 103322 section 671(a)(7) of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103416 section 1101(a)(15)(J) of this title Oct. 25, 1994 Sept. 30, 2015 section 220(c) of Pub. L. 103416 section 1182 of this title Effective Date of 1993 Amendment Amendment by Pub. L. 103182 Jan. 1, 1994 section 342 of Pub. L. 103182 section 4561 of Title 19 Effective Date of 1991 Amendment Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1) of Pub. L. 102232 Apr. 1, 1992 section 208 of Pub. L. 102232 section 1101 of this title Amendment by section 303(a)(10)(12) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by section 202(a) of Pub. L. 101649 Nov. 29, 1990 section 202(c) of Pub. L. 101649 section 1182 of this title Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of Pub. L. 101649 Oct. 1, 1991 section 231 of Pub. L. 101649 section 1101 of this title Effective and Termination Dates of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Amendment by Pub. L. 100449 Jan. 1, 1989 Pub. L. 100449 section 2112 of Title 19 Effective Date of 1986 Amendments Pub. L. 99639,  3(d)(1) Nov. 10, 1986 100 Stat. 3542  (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) Amendment by section 301(b) of Pub. L. 99603 Nov. 6, 1986 section 301(d) of Pub. L. 99603 section 1188 of this title  Transfer of Functions United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Authorization for Increase in Nonagricultural Worker Visas in Certain Fiscal Years Pub. L. 117328, div. O, title III,  303 Dec. 29, 2022 136 Stat. 5227 Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) 8 U.S.C. 1101(a)(15)(H)(ii)(b) Similar provisions were contained in the following prior appropriation acts: Pub. L. 117103, div. O, title II,  204 Mar. 15, 2022 136 Stat. 788 Pub. L. 116260, div. O, title I,  105 Dec. 27, 2020 134 Stat. 2148 Limitation on Use of Certain Information Pub. L. 109162, title VIII,  832(b) Jan. 5, 2006 119 Stat. 3068 The fact that an alien described in clause (i) or (ii) of section 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) section 1375a of this title section 1375 of this title Exemption From Administrative Procedure Act Pub. L. 10913, div. B, title IV,  407 May 11, 2005 119 Stat. 321 The requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection or publication in the Federal Register, shall not apply to any action to implement sections 402, 403, and 405 [amending this section and section 1356 of this title L Visa Interagency Task Force and Inspector General Report Pub. L. 108447, div. J, title IV Dec. 8, 2004 118 Stat. 3352  SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM. Not later than 6 months after the date of enactment of this Act [ Dec. 8, 2004 6 U.S.C. 236 8 U.S.C. 1184(c) 8 U.S.C. 1101(a)(15)(L) SEC. 416. ESTABLISHMENT OF TASK FORCE. (a)  Establishment Not later than 6 months after the date of enactment of this Act [ Dec. 8, 2004 (b)  Report Not later than 6 months after the submission of the report by the Inspector General of the Department of Homeland Security in accordance with section 6 [probably means section 415 of div. J. of Pub. L. 108447 Statistical Information on Country of Origin, Occupation, Educational Level and Compensation Pub. L. 108447, div. J, title IV,  425(b) Dec. 8, 2004 118 Stat. 3356 Beginning on the date of enactment of this Act [ Dec. 8, 2004 8 U.S.C. 1184(g)(5) Public Law 105277 112 Stat. 2681655 Additional Visas for Fiscal Years 1999 and 2000 Pub. L. 106313, title I,  102(b) Oct. 17, 2000 114 Stat. 1251  (1)  In general (A) Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(A)(ii) 8 U.S.C. 1101(a)(15)(H)(i)(b) September 30, 1999 (B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(i)(b) is filed before September 1, 2000 August 31, 2000 (2)  Effective date Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105277 One-Time Protection Under Per Country Ceiling Pub. L. 106313, title I,  104(c) Oct. 17, 2000 114 Stat. 1253  Notwithstanding section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) (1) is the beneficiary of a petition filed under section 204(a) of that Act [ 8 U.S.C. 1154(a) 8 U.S.C. 1153(b) (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the aliens application for adjustment of status has been processed and a decision made thereon. Special Provisions in Cases of Lengthy Adjudications Pub. L. 106313, title I,  106(a) Oct. 17, 2000 114 Stat. 1253 Pub. L. 107273, div. C, title I,  11030A Nov. 2, 2002 116 Stat. 1836  (a)  Exemption From Limitation The limitation contained in section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) 8 U.S.C. 1101(a)(15)(H)(i)(b) (1) Any application for labor certification under section 212(a)(5)(A) of such Act ( 8 U.S.C. 1182(a)(5)(A) 8 U.S.C. 1153(b) (2) A petition described in section 204(b) of such Act ( 3 U.S.C. 1154(b) 8 U.S.C. 1154(b) (b)  Extension of H B Worker Status The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made (1) to deny the application described in subsection (a)(1), or, in a case in which such application is granted, to deny a petition described in subsection (a)(2) filed on behalf of the alien pursuant to such grant; (2) to deny the petition described in subsection (a)(2); or (3) to grant or deny the aliens application for an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence. Exclusion of Certain J Nonimmigrants From Numerical Limitations Applicable To H1B Nonimmmigrants Pub. L. 106313, title I,  114 Oct. 17, 2000 114 Stat. 1262 The numerical limitations contained in section 102 of this title l 8 U.S.C. 1184 l Improving Count of H1B and H2B Nonimmigrants Pub. L. 105277, div. C, title IV,  416 Oct. 21, 1998 112 Stat. 2681655 Pub. L. 10913, div. B, title IV,  406 May 11, 2005 119 Stat. 320  (a)  Ensuring Accurate Count The Secretary of Homeland Security shall take such steps as are necessary to maintain an accurate count of the number of aliens subject to the numerical limitations of section 214(g)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1) (b)  Revision of Petition Forms The Secretary of Homeland Security shall take such steps as are necessary to revise the forms used for petitions for visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) 8 U.S.C. 1184(g)(1) (c)  Provision of Information. (1)  Quarterly notification Beginning not later than 60 days after the first day of fiscal year 1999, the Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the United States House of Representatives and the Senate of the numbers of aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) (2)  Annual submission Beginning with fiscal year 2000, the Secretary of Homeland Security shall submit on an annual basis, to the Committees on the Judiciary of the United States House of Representatives and the Senate, information on the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(i)(b) section 1182 of this title (3)  Specification of number of petitions filed by certain employers Each notification under paragraph (1), and each submission under paragraph (2), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1182(p)(1) section 415 of this title (d)  Provision of Information. (1)  Semiannual notification Beginning not later than March 1, 2006 (A) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) (B) had such a visa or such status be revoked or otherwise terminated. (2)  Annual submission Beginning in fiscal year 2007, the Secretary of Homeland Security and the Secretary of State shall submit, on an annual basis, to the Committees on the Judiciary of the House of Representatives and the Senate (A) information on the countries of origin of, occupations of, and compensation paid to aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) (B) the number of aliens who had such a visa or such status expire or be revoked or otherwise terminated during each month of such fiscal year; and (C) the number of aliens who were provided nonimmigrant status under such section during both such fiscal year and the preceding fiscal year. (3)  Information maintained by state If the Secretary of Homeland Security determines that information maintained by the Secretary of State is required to make a submission described in paragraph (1) or (2), the Secretary of State shall provide such information to the Secretary of Homeland Security upon request. Reporting on Studies Showing Economic Impact of H1B Nonimmigrant Increase Pub. L. 105277, div. C, title IV,  418(b) Oct. 21, 1998 112 Stat. 2681657 The Chairman of the Board of Governors of the Federal Reserve System, the Director of the Office of Management and Budget, the Chair of the Council of Economic Advisers, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Labor, and any other member of the Cabinet, shall promptly report to the Congress the results of any reliable study that suggests, based on legitimate economic analysis, that the increase effected by section 411(a) of this title 8 U.S.C. 1101(a)(15)(H)(i)(b) Deadline for First Report With Respect to Petitions Pub. L. 102232, title II,  207(c)(2) Dec. 12, 1991 105 Stat. 1742 The first report under section 214(c)(8) of the Immigration and Nationality Act [ 8 U.S.C. 1184(c)(8) April 1, 1993 Delay Until April 1, 1992 See section 3 of Pub. L. 102110 April 1, 1992 section 1101 of this title Work Authorization During Pending Labor Disputes Pub. L. 101649, title II,  207(c) Nov. 29, 1990 104 Stat. 5026 Pub. L. 102232, title III,  303(a)(13) Dec. 12, 1991 105 Stat. 1748  (1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(H)(ii)(a) Nov. 29, 1990 (A) continues to be authorized to be employed in the occupation for that employer, and (B) is authorized to be employed in any occupation for any other employer so long as such strike or lockout continues with respect to that occupation and employer. (2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act the alien (A) is not authorized to be employed in the occupation for that employer, and (B) is authorized to be employed in any occupation for any other employer so long as there is no strike or lockout with respect to that occupation and employer. (3) With respect to a nonimmigrant described in paragraph (1) or (2) who does not perform unauthorized employment, any limit on the period of authorized stay shall be extended by the period of the strike or lockout, except that any such extension may not continue beyond the maximum authorized period of stay. (4) The provisions of this subsection shall take effect on the date of the enactment of this Act. Off-Campus Work Authorization for Students (F Nonimmigrants) Pub. L. 101649, title II,  221 Nov. 29, 1990 104 Stat. 5027 Pub. L. 102232, title III,  303(b)(1) Dec. 12, 1991 105 Stat. 1748 Pub. L. 103416, title II,  215(a) Oct. 25, 1994 108 Stat. 4315  (a) 5- Year Provision With respect to work authorization for aliens admitted as nonimmigrant students described in subparagraph (F) of section 101(a)(15) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15) October 1, 1991 (1) the alien has completed 1 academic year as such a nonimmigrant and is maintaining good academic standing at the educational institution, (2) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer (A) has recruited for at least 60 days for the position and (B) will provide for payment to the alien and to other similarly situated workers at a rate equal to not less than the actual wage level for the occupation at the place of employment or, if greater, the prevailing wage level for the occupation in the area of employment, and (3) the alien will not be employed more than 20 hours each week during the academic term (but may be employed on a full-time basis during vacation periods and between academic terms). If the Secretary of Labor determines that an employer has provided an attestation under paragraph (2) that is materially false or has failed to pay wages in accordance with the attestation, after notice and opportunity for a hearing, the employer shall be disqualified from employing an alien student under this subsection. (b)  Report to Congress Not later than April 1, 1996 (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 section 1101(a)(15)(H)(ii) of this title section 3 of Pub. L. 97271 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 July 1, 1957 Cancellation of Certain Nonimmigrant Departure Bonds Pub. L. 85531 July 18, 1958 72 Stat. 375 July 18, 1963 May 6, 1945 July 1, 1953  1184a. Philippine Traders as nonimmigrants  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 the Immigration and Nationality Act [ 8 U.S.C. 1101 66 Stat. 163 ( June 18, 1954, ch. 323 68 Stat. 264  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.  1185. Travel control of citizens and aliens (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 persons 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 United States 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. ( June 27, 1952, ch. 477 66 Stat. 190 Pub. L. 95426, title VII,  707(a) Oct. 7, 1978 92 Stat. 992 Pub. L. 103416, title II,  204(a) Oct. 25, 1994 108 Stat. 4311  Editorial Notes  References in Text For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22 This chapter, referred to in subsecs. (d) and (f), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1994Subsec. (b). Pub. L. 103416 1978Subsec. (a). Pub. L. 95426,  707(a) Subsec. (b). Pub. L. 95426,  707(b) Subsec. (c). Pub. L. 95426,  707(d) Subsec. (d). Pub. L. 95426,  707(d) Subsec. (e). Pub. L. 95426,  707(c) Subsecs. (f), (g). Pub. L. 95426,  707(d) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103416, title II,  204(b) Oct. 25, 1994 108 Stat. 4311 The amendment made by subsection (a) [amending this section] shall apply to departures and entries (and attempts thereof) occurring on or after the date of enactment of this Act [ Oct. 25, 1994  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  Delegation of Authority Under Sections 1182(f) and 1185(a)(1) of This Title Authority of President under subsec. (a)(1) of this section to maintain custody and conduct screening of any undocumented person seeking to enter the United States who is encountered in a vessel interdicted on the high seas through Dec. 31, 2000 Sept. 24, 1999 section 1182 of this title Trusted Traveler Programs Pub. L. 114125, title VIII,  802(j) Feb. 24, 2016 130 Stat. 216  The Secretary of Homeland Security may not enter into or renew an agreement with the government of a foreign country for a trusted traveler program administered by U.S. Customs and Border Protection unless the Secretary certifies in writing that such government (1) routinely submits to INTERPOL for inclusion in INTERPOLs Stolen and Lost Travel Documents database information about lost and stolen passports and travel documents of the citizens and nationals of such country; or (2) makes available to the United States Government the information described in paragraph (1) through another means of reporting. Asia-Pacific Economic Cooperation Business Travel Cards Pub. L. 11579,  4(b)(2) Nov. 2, 2017 131 Stat. 1260 Notwithstanding the repeal under paragraph (1) [repealing Pub. L. 11254 Nov. 2, 2017 Pub. L. 11254 Nov. 12, 2011 125 Stat. 550 Sept. 30, 2018 Pub. L. 11579,  4(b)(1) Nov. 2, 2017 131 Stat. 1260 section 218 of Title 6 Western Hemisphere Travel Initiative Pub. L. 11053, title VII,  724 Aug. 3, 2007 121 Stat. 350  Before the Secretary of Homeland Security publishes a final rule in the Federal Register implementing section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108458 8 U.S.C. 1185 (1) the Secretary of Homeland Security shall complete a cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and (2) the Secretary of State shall develop proposals for reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 6092832 ( October 17, 2006 Pub. L. 108458, title VII,  7209 Dec. 17, 2004 118 Stat. 3823 Pub. L. 109295, title V,  546 Oct. 4, 2006 120 Stat. 1386 Pub. L. 11053, title VII,  723 Aug. 3, 2007 121 Stat. 349 Pub. L. 110161, div. E, title V,  545 Dec. 26, 2007 121 Stat. 2080  (a)  Findings Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Existing procedures allow many individuals to enter the United States by showing minimal identification or without showing any identification. (2) The planning for the terrorist attacks of September 11, 2001 (3) Additional safeguards are needed to ensure that terrorists cannot enter the United States. (b)  Passports. (1)  Development of plan and implementation. (A) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(4)(B) June 1, 2009 8 U.S.C. 1365b(k) (B) The Secretary of Homeland Security and the Secretary of State shall jointly certify to the Committees on Appropriations of the Senate and the House of Representatives that the following criteria have been met prior to implementation of section 7209(b)(1)(A) (i) the National Institute of Standards and Technology certifies that the Departments of Homeland Security and State have selected a card architecture that meets or exceeds International Organization for Standardization (ISO) security standards and meets or exceeds best available practices for protection of personal identification documents: Provided Provided further (ii) the technology to be used by the United States for the passport card, and any subsequent change to that technology, has been shared with the governments of Canada and Mexico; (iii) an agreement has been reached with the United States Postal Service on the fee to be charged individuals for the passport card, and a detailed justification has been submitted to the Committees on Appropriations of the Senate and the House of Representatives; (iv) an alternative procedure has been developed for groups of children traveling across an international border under adult supervision with parental consent; (v) the necessary technological infrastructure to process the passport cards has been installed, and all employees at ports of entry have been properly trained in the use of the new technology; (vi) the passport card has been made available for the purpose of international travel by United States citizens through land and sea ports of entry between the United States and Canada, Mexico, the Caribbean and Bermuda; (vii) a single implementation date for sea and land borders has been established; and (viii) the signing of a memorandum of agreement to initiate a pilot program with not less than one State to determine if an enhanced drivers license, which is machine-readable and tamper proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada or Mexico, and issued by such State to an individual, may permit the individual to use the drivers license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada or Mexico at land and sea ports of entry. (C)  Report Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes (i) an analysis of the impact of the pilot program on national security; (ii) recommendations on how to expand the pilot program to other States; (iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada; (iv) a plan to screen individuals participating in the pilot program against United States terrorist watch lists; and (v) a recommendation for the type of machine-readable technology that should be used in enhanced drivers licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing drivers licenses. (2)  Requirement to produce documentation The plan developed under paragraph (1) shall require all United States citizens, and categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of such Act [ 8 U.S.C. 1182(d)(4)(B) (c)  Technical and Conforming Amendments After the complete implementation of the plan described in subsection (b) (1) neither the Secretary of State nor the Secretary of Homeland Security may exercise discretion under section 212(d)(4)(B) of such Act [ 8 U.S.C. 1182(d)(4)(B) (2) the President may not exercise discretion under section 215(b) of such Act ( 8 U.S.C. 1185(b) (A) where the Secretary of Homeland Security determines that the alternative documentation that is the basis for the waiver of the documentary requirement is sufficient to denote identity and citizenship; (B) in the case of an unforeseen emergency in individual cases; or (C) in the case of humanitarian or national interest reasons in individual cases. (d)  Transit Without Visa Program The Secretary of State shall not use any authorities granted under section 212(d)(4)(C) of such Act [ 8 U.S.C. 1182(d)(4)(C) [Amendment by Pub. L. 110161,  545 section 7209 of Pub. L. 108458 Executive Documents  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 Apr. 7, 1980 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 1101. 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 Section 1102. Effective Date. This order is effective immediately.  Jimmy Carter.  Ex. Ord. No. 13323. Assignment of Functions Relating to Arrivals in and Departures From the United States Ex. Ord. No. 13323, Dec. 30, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 215 of the Immigration and Nationality Act (INA), as amended ( 8 U.S.C. 1185 section 301 of title 3 Section Functions of the Secretary of Homeland Security Sec Functions of the Secretary of State Sec Judicial Review  George W. Bush.  1186. Transferred  Editorial Notes Codification Section, act June 27, 1952, ch. 477, title II Nov. 6, 1986 Pub. L. 99603, title III,  301(c) 100 Stat. 3411 Pub. L. 100525,  2 l Oct. 24, 1988 102 Stat. 2612 section 1188 of this title  1186a. Conditional permanent resident status for certain alien spouses and sons and daughters (a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (h)(1)) and an alien son or daughter (as defined in subsection (h)(2)) 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 Secretary of Homeland Security shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. (B) At time of required petition In addition, the Secretary of Homeland Security 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 the requirements of subsections 1 1 (C) Effect of failure to provide notice The failure of the Secretary of Homeland Security 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), if the Secretary of Homeland Security determines, before the second anniversary of the aliens obtaining the status of lawful admission for permanent residence, that (A) the qualifying marriage (i) was entered into for the purpose of procuring an aliens admission 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) of this title section 1184 of this title the Secretary of Homeland Security 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 removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security 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) 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 Secretary of Homeland Security, during the period described in subsection (d)(2), 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), and (B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1). (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), 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 Secretary of Homeland Security shall terminate the permanent resident status of the alien as of the second anniversary of the aliens lawful admission for permanent residence. (B) Hearing in removal proceeding In any removal 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 Secretary of Homeland Security 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) and alleged in the petition are true with respect to the qualifying marriage. (B) Removal of conditional basis if favorable determination If the Secretary of Homeland Security determines that such facts and information are true, the Secretary of Homeland Security shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the aliens obtaining the status of lawful admission for permanent residence. (C) Termination if adverse determination If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary of Homeland Security 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 removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying marriage. (4) Hardship waiver The Secretary of Homeland Security, in the Secretarys 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 removed; (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); or (D) the alien meets the requirements under section 1154(a)(1)(A)(iii)(II)(aa)(BB) of this title In determining extreme hardship, the Secretary of Homeland Security shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary of Homeland Security. The Secretary of Homeland Security 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) 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 aliens admission 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) of this title 2 2 section 1184 of this title (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), 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) must be filed during the 90-day period before the second anniversary of the aliens 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 Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during removal In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary of Homeland Security, in the Secretarys 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, 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 (g) Service in Armed Forces (1) Filing petition The 90-day period described in subsection (d)(2)(A) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period. (2) Personal interview The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretarys authority under the second sentence of subsection (d)(3). (h) 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 (B) under section 1184(d) of this title (C) under section 1153(a)(2) of this title 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(d) of this title (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. ( June 27, 1952, ch. 477 Pub. L. 99639,  2(a) Nov. 10, 1986 100 Stat. 3537 Pub. L. 100525,  7(a) Oct. 24, 1988 102 Stat. 2616 Pub. L. 101649, title VII,  701(a) Nov. 29, 1990 104 Stat. 5085 Pub. L. 102232, title III,  302(e)(8)(B) Dec. 12, 1991 105 Stat. 1746 Pub. L. 103322, title IV,  40702(a) Sept. 13, 1994 108 Stat. 1955 Pub. L. 104208, div. C, title III,  308(d)(4)(E) Sept. 30, 1996 110 Stat. 3009618 Pub. L. 106553,  1(a)(2) [title XI,  1103(c)(2)] Dec. 21, 2000 114 Stat. 2762 Pub. L. 11258,  1 Nov. 23, 2011 125 Stat. 747 Pub. L. 1134, title VIII,  806 Mar. 7, 2013 127 Stat. 112  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(1), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Subsection (p) of section 1184 of this title Pub. L. 108193,  8(a)(3) Dec. 19, 2003 117 Stat. 2886 Codification Another section 216 of act June 27, 1952 section 1188 of this title Amendments 2013Subsec. (c)(4). Pub. L. 1134,  806(b)(2) Pub. L. 11258,  1(b)(2)(B) Pub. L. 1134,  806(b)(1) Pub. L. 11258,  1(b)(2)(B) Subsec. (c)(4)(D). Pub. L. 1134,  806(a) 2011 Pub. L. 11258,  1(b)(2)(B) Subsec. (a)(1). Pub. L. 11258,  1(b)(1) Subsec. (c)(1)(B). Pub. L. 11258,  1(b)(2)(C) Subsec. (d)(3). Pub. L. 11258,  1(b)(2)(A) Subsecs. (g), (h). Pub. L. 11258,  1(a) 2000Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106553 section 1154(a) of this title section 1184 of this title 1996Subsec. (b)(1)(A)(i). Pub. L. 104208,  308(f)(1)(I) Subsec. (b)(2). Pub. L. 104208,  308(e)(7) Subsec. (c)(2)(B). Pub. L. 104208,  308(e)(7) Subsec. (c)(3)(D). Pub. L. 104208,  308(e)(7) Subsec. (c)(4)(A). Pub. L. 104208,  308(e)(7) Subsec. (d)(1)(A)(i)(III). Pub. L. 104208,  308(f)(1)(J) Subsec. (d)(2)(C). Pub. L. 104208,  308(e)(7) Subsec. (f). Pub. L. 104208,  308(d)(4)(E) 1994Subsec. (c)(4). Pub. L. 103322 1991Subsec. (g)(1). Pub. L. 102232 1990Subsec. (c)(4). Pub. L. 101649 1988 Pub. L. 100525,  7(a)(1) Pub. L. 99639,  2(a) Subsec. (c)(3)(A). Pub. L. 100525,  7(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106553 Dec. 21, 2000 section 1154 of this title Dec. 21, 2000 Pub. L. 106553 section 1101 of this title Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendment Pub. L. 103322, title IV,  40702(b) Sept. 13, 1994 108 Stat. 1955 The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [ Sept. 13, 1994 Effective Date of 1991 Amendment Pub. L. 102232, title III,  302(e)(8) Dec. 12, 1991 105 Stat. 1746 Pub. L. 101649 Effective Date of 1990 Amendment Pub. L. 101649, title VII,  701(b) Nov. 29, 1990 104 Stat. 5086 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. 100525 Pub. L. 99639 section 7(d) of Pub. L. 100525 section 1182 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1186b. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children (a) In general (1) Conditional basis for status An alien investor, alien spouse, and alien child shall be considered, at the time of obtaining status as 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 investor, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such an investor, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. (B) At time of required petition In addition, the Secretary of Homeland Security shall attempt to provide notice to such an investor, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsection (c)(1). (C) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an investor, spouse, or child. (b) Termination of status if finding that qualifying investment improper (1) In general In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the aliens obtaining the status of lawful admission for permanent residence, that (A) the investment in the commercial enterprise was intended solely as a means of evading the immigration laws of the United States, (B) the alien did not invest the requisite capital; or (C) the alien was otherwise not conforming to the requirements of section 1153(b)(5) of this title then the Secretary of Homeland Security 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 removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements for removal of condition (1) In general Except as provided in paragraph (3)(D), in order for the conditional basis established under subsection (a) for an alien investor, alien spouse, or alien child to be removed (A) the alien investor shall submit to the Secretary of Homeland Security, during the period described in subsection (d)(2), 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); (B) in accordance with subsection (d)(3), the alien investor shall appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1); and 1 1 (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), 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 investor fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the aliens spouse and children if it was obtained on a conditional basis under this section or section 1186a of this title (B) Hearing in removal proceeding In any removal 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 investor appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, within 90 days of the date of such filing or interview (whichever is later), as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying commercial enterprise. (B) Removal or extension of conditional basis (i) In general Except as provided in clause (ii), if the Secretary determines that the facts and information contained in a petition submitted under paragraph (1)(A) are true, including demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall (I) notify the alien involved of such determination; and (II) remove the conditional basis of the aliens status effective as of the second anniversary of the aliens lawful admission for permanent residence. (ii) Exception If the petition demonstrates that the facts and information are true and that the alien is in compliance with subsection (d)(1)(B)(ii) (I) the Secretary, in the Secretarys discretion, may provide a 1-year extension of the aliens conditional status; and (II) (aa) if the alien files a petition not later than 30 days after the third anniversary of the aliens lawful admission for permanent residence demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall remove the conditional basis of the aliens status effective as of such third anniversary; or (bb) if the alien does not file the petition described in item (aa), the conditional status shall terminate at the end of such additional year. (C) Termination if adverse determination If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary of Homeland Security shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien investor, alien spouse, or alien child as of the date of the determination. (D) Hearing in removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) 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) shall contain facts and information demonstrating that the alien (A) invested the requisite capital; (B) (i) created the employment required under section 1153(b)(5)(A)(ii) of this title (ii) is actively in the process of creating the employment required under section 1153(b)(5)(A)(ii) of this title (C) is otherwise conforming to the requirements of section 1153(b)(5) of this title (2) Period for filing petition (A) Ninety-day period before second anniversary (i) In general Except as provided in clause (ii) and subparagraph (B), a petition under subsection (c)(1)(A) shall be filed during the 90-day period immediately preceding the second anniversary of the alien investors lawful admission for permanent residence. (ii) Exception Aliens described in subclauses (I)(bb) and (II) of section 1153(b)(5)(M)(ii) of this title (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 Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during removal In the case of an alien who is the subject of removal 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 removal proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview (A) In general The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. (B) Waiver The Secretary of Homeland Security, in the Secretarys discretion, may waive the deadline for an interview under subsection (c)(1)(B) or the requirement for such an interview according to criteria developed by U.S. Citizenship and Immigration Services, in consultation with its Fraud Detection and National Security Directorate and U.S. Immigration and Customs Enforcement, provided that such criteria do not include a reduction of case processing times or the allocation of adjudicatory resources. A waiver may not be granted under this subparagraph if the alien to be interviewed (i) invested in a regional center, new commercial enterprise, or job-creating entity that was sanctioned under section 1153(b)(5) of this title (ii) is in a class of aliens determined by the Secretary to be threats to public safety or national security. (e) Treatment of period for purposes of naturalization For purposes of subchapter III, 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 investor 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 investor. (3) The term commercial enterprise includes any entity formed for the purpose of doing for-profit business. ( June 27, 1952, ch. 477 Pub. L. 101649, title I,  121(b)(1) Nov. 29, 1990 104 Stat. 4990 Pub. L. 102232, title III,  302(b)(3) Dec. 12, 1991 105 Stat. 1743 Pub. L. 104208, div. C, title III,  308(e)(8) Sept. 30, 1996 110 Stat. 3009620 Pub. L. 107273, div. C, title I,  11036(b) Nov. 2, 2002 116 Stat. 1847 Pub. L. 117103, div. BB,  104(a) Mar. 15, 2022 136 Stat. 1100  Enactment of Subsection (c)(1)(C) Pub. L. 117103, div. BB,  104(a)(5)(B)(iv) Mar. 15, 2022 136 Stat. 1101 March 15, 2022 (C) the Secretary shall have performed a site visit to the relevant corporate office or business location described in section 1153(b)(5)(F)(iv) of this title See 2022 Amendment note below. Editorial Notes Amendments 2022 Pub. L. 117103,  104(a)(2) Pub. L. 117103,  104(a)(1) Subsec. (a)(1). Pub. L. 117103,  104(a)(3) Subsec. (b). Pub. L. 117103,  104(a)(4)(A) Subsec. (b)(1)(B). Pub. L. 117103,  104(a)(4)(B) (B)(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; or (ii) the alien was not sustaining the actions described in clause (i) throughout the period of the aliens residence in the United States; or. Subsec. (c). Pub. L. 117103,  104(a)(5)(A) Subsec. (c)(1). Pub. L. 117103,  104(a)(5)(B)(i) Subsec. (c)(1)(A). Pub. L. 117103,  104(a)(5)(B)(ii) Subsec. (c)(1)(B). Pub. L. 117103,  104(a)(5)(B)(iii) Subsec. (c)(1)(C). Pub. L. 117103,  104(a)(5)(B)(iv) Subsec. (c)(3)(A). Pub. L. 117103,  104(a)(5)(C)(i) Subsec. (c)(3)(B). Pub. L. 117103,  104(a)(5)(C)(ii) Subsec. (d)(1)(A). Pub. L. 117103,  104(a)(6)(A)(i) (A)(i) invested, or is actively in the process of investing, the requisite capital; and (ii) sustained the actions described in clause (i) throughout the period of the aliens residence in the United States; and. Subsec. (d)(1)(B), (C). Pub. L. 117103,  104(a)(6)(A)(ii) Subsec. (d)(2)(A). Pub. L. 117103,  104(a)(6)(B) Subsec. (d)(3). Pub. L. 117103,  104(a)(6)(C) Subsec. (f)(3). Pub. L. 117103,  104(a)(7) 2002Subsec. (b)(1)(A). Pub. L. 107273,  11036(b)(1)(A) Subsec. (b)(1)(B). Pub. L. 107273,  11036(b)(1)(B) (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 aliens residence in the United States, or. Subsec. (d)(1). Pub. L. 107273,  11036(b)(2) (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 aliens residence in the United States. Subsec. (f)(3). Pub. L. 107273,  11036(b)(3) 1996Subsec. (b)(2). Pub. L. 104208 Subsec. (c)(2)(B). Pub. L. 104208 Subsec. (c)(3)(D). Pub. L. 104208 Subsec. (d)(2)(C). Pub. L. 104208 1991Subsec. (c)(2)(A). Pub. L. 102232,  302(b)(3)(A) Subsecs. (c)(3)(B), (d)(2)(A). Pub. L. 102232,  302(b)(3)(B) Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Pub. L. 117103, div. BB,  104(b) Mar. 15, 2022 136 Stat. 1102  (1)  In general Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Mar. 15, 2022 (2)  Exceptions. (A)  Site visits The amendment made by subsection (a)(5)(B)(iv) shall take effect on the date that is 2 years after the date of the enactment of this Act. (B)  Petition beneficiaries The amendments made by subsection (a) shall not apply to the beneficiary of a petition that is filed under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b 8 U.S.C. 1153(b)(5) Effective Date of 2002 Amendment Amendment by Pub. L. 107273 Nov. 2, 2002 section 1154 of this title Nov. 2, 2002 section 11036(c) of Pub. L. 107273 section 1153 of this title Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date Section effective Oct. 1, 1991 section 161(a) of Pub. L. 101649 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Immigration Benefits Pub. L. 107273, div. C, title I Nov. 2, 2002 116 Stat. 18371846  SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN. (a)  In General In lieu of the provisions of section 216A(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(3) (b)  Eligible Aliens Described. (1)  In general An alien is an eligible alien described in this subsection if the alien (A) filed, under section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) 8 U.S.C. 1153(b)(5) January 1, 1995 August 31, 1998 (B) pursuant to such approval, obtained the status of an alien entrepreneur with permanent resident status on a conditional basis described in section 216A of such Act ( 8 U.S.C. 1186b (C) timely filed, in accordance with section 216A(c)(1)(A) of such Act ( 8 U.S.C. 1186b(c)(1)(A) Nov. 2, 2002 (2)  Reopening petitions previously denied. (A)  In general In the case of a petition described in paragraph (1)(C) that was denied under section 216A(c)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(3)(C) (B)  Petitioners abroad In the case of such an eligible alien who is no longer physically present in the United States, the Attorney General shall establish a process under which the alien may be paroled into the United States if necessary in order to obtain the determinations under subsection (c), unless the Attorney General finds that (i) the alien is inadmissible or deportable on any ground; or (ii) the petition described in paragraph (1)(C) was denied on the ground that it contains a material misrepresentation in the facts and information described in section 216A(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1) (C)  Deportation or removal proceedings In the case of such an eligible alien who was placed in deportation or removal proceedings by reason of the denial of the petition described in paragraph (1)(C), a motion to reopen filed under subparagraph (A) shall be treated as a motion to reopen such proceedings. The Attorney General shall grant such motion notwithstanding any time and number limitations imposed by law on motions to reopen such proceedings, except that the scope of any proceeding reopened on this basis shall be limited to whether any order of deportation or removal should be vacated, and the alien granted the status of an alien lawfully admitted for permanent residence (unconditionally or on a conditional basis), by reason of the determinations made under subsection (c). An alien who is inadmissible or deportable on any ground shall not be granted such status, except that this prohibition shall not apply to an alien who has been paroled into the United States under subparagraph (B). (c)  Determinations on Petitions. (1)  Initial determination. (A)  In general With respect to each eligible alien described in subsection (b)(1), the Attorney General shall make a determination, not later than 180 days after the date of the enactment of this Act [ Nov. 2, 2002 (i) the petition described in subsection (b)(1)(C) contains any material misrepresentation in the facts and information described in section 216A(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1) (ii) subject to subparagraphs (B) and (C), such enterprise created full-time jobs 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 eligible alien and the aliens spouse, sons, or daughters), and those jobs exist or existed on any of the dates described in subparagraph (D); and (iii) on any of the dates described in subparagraph (D), the alien is in substantial compliance with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1)(B) (B)  Investment under pilot immigration program For purposes of subparagraph (A)(ii), an investment that satisfies the requirements of section 610(c) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 Nov. 2, 2002 (C)  Exception for troubled businesses In the case of an eligible alien who has made a capital investment in a troubled business (as defined in 8 CFR 204.6(e), as in effect on the date of the enactment of this Act), in lieu of the determination under subparagraph (A)(ii), the Attorney General shall determine whether the number of employees of the business, as measured on any of the dates described in subparagraph (D), is at no less than the pre-investment level. (D)  Dates The dates described in this subparagraph are the following: (i) The date on which the petition described in subsection (b)(1)(C) is filed. (ii) 6 months after the date described in clause (i). (iii) The date on which the determination under subparagraph (A) or (C) is made. (E)  Removal of conditional basis if favorable determination If the Attorney General renders an affirmative determination with respect to clauses (ii) and (iii) of subparagraph (A), and if the Attorney General renders a negative determination with respect to clause (i) of such subparagraph, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the aliens status (and that of the aliens spouse and children if it was obtained under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (F)  Requirements relating to adverse determinations. (i)  Notice If the Attorney General renders an adverse determination with respect to clause (i), (ii), or (iii) of subparagraph (A), the Attorney General shall so notify the alien involved. The notice shall be in writing and shall state the factual basis for any adverse determination. The Attorney General shall provide the alien with an opportunity to submit evidence to rebut any adverse determination. If the Attorney General reverses all adverse determinations pursuant to such rebuttal, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the aliens status (and that of the aliens spouse and children if it was obtained under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (ii)  Continuation of conditional basis if certain adverse determinations If the Attorney General renders an adverse determination with respect to clause (ii) or (iii) of subparagraph (A), and the eligible aliens rebuttal does not cause the Attorney General to reverse such determination, the Attorney General shall continue the conditional basis of the aliens permanent resident status (and that of the aliens spouse and children if it was obtained under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (iii)  Termination if adverse determination If the Attorney General renders an adverse determination with respect to subparagraph (A)(i), and the eligible aliens rebuttal does not cause the Attorney General to reverse such determination, the Attorney General shall so notify the alien involved and, subject to subsection (d), shall terminate the permanent resident status of the alien (and that of the aliens spouse and children if it was obtained on a conditional basis under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (iv)  Administrative and judicial review An alien may seek administrative review of an adverse determination made under subparagraph (A) by filing a petition for such review with the Board of Immigration Appeals. If the Board of Immigration Appeals denies the petition, the alien may seek judicial review. The procedures for judicial review under this clause shall be the same as the procedures for judicial review of a final order of removal under section 242(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1252(a)(1) 8 U.S.C. 1186b (2)  Second determination. (A)  Authorization to consider investments in other commercial enterprises In determining under this paragraph whether to remove a conditional basis continued under paragraph (1)(F)(ii) with respect to an alien, the Attorney General shall consider any capital investment made by the alien in a commercial enterprise (regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation), in the United States, regardless of whether that investment was made before or after the determinations under paragraph (1) and regardless of whether the commercial enterprise is the same as that considered in the determinations under such paragraph, if facts and information with respect to the investment and the enterprise are included in the petition submitted under subparagraph (B). (B)  Petition In order for a conditional basis continued under paragraph (1)(F)(ii) for an eligible alien (and the aliens spouse and children) to be removed, the alien must submit to the Attorney General, during the period described in subparagraph (C), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subparagraphs (A) and (B) of section 216A(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1) (C)  Period for filing petition. (i) 90- day period before second anniversary Except as provided in clause (ii), the petition under subparagraph (B) must be filed during the 90-day period before the second anniversary of the continuation, under paragraph (1)(F)(ii), of the conditional basis of the aliens lawful admission for permanent residence. (ii)  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 clause (i). (D)  Termination of permanent resident status for failure to file petition. (i)  In general In the case of an alien with permanent resident status on a conditional basis under paragraph (1)(F)(ii), if no petition is filed with respect to the alien in accordance with subparagraph (B), the Attorney General shall terminate the permanent resident status of the alien (and the aliens spouse and children if it was obtained on a conditional basis under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (ii)  Hearing in removal proceeding In any removal proceeding with respect to an alien whose permanent resident status is terminated under clause (i), the burden of proof shall be on the alien to establish compliance with subparagraph (B). (E)  Determinations after petition If a petition is filed by an eligible alien in accordance with subparagraph (B), the Attorney General shall make a determination, within 90 days of the date of such filing, whether (i) the petition contains any material misrepresentation in the facts and information alleged in the petition with respect to the commercial enterprises included in such petition; (ii) all such enterprises, considered together, created full-time jobs 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 eligible alien and the aliens spouse, sons, or daughters), and those jobs exist on the date on which the determination is made, except that (I) this clause shall apply only if the Attorney General made an adverse determination with respect to the eligible alien under paragraph (1)(A)(ii); (II) the provisions of subparagraphs (B) and (C) of paragraph (1) shall apply to a determination under this clause in the same manner as they apply to a determination under paragraph (1)(A)(ii); and (III) if the Attorney General determined under paragraph (1)(A)(ii) that any jobs satisfying the requirement of such paragraph were created, the number of those jobs shall be subtracted from the number of jobs otherwise needed to satisfy the requirement of this clause; and (iii) considering all such enterprises together, on the date on which the determination is made, the eligible alien is in substantial compliance with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1)(B) (I) this clause shall apply only if the Attorney General made an adverse determination with respect to the eligible alien under paragraph (1)(A)(iii); and (II) if the Attorney General determined under paragraph (1)(A)(iii) that any capital amount was invested that could be credited towards compliance with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1)(B) (F)  Removal of conditional basis if favorable determination If the Attorney General renders an affirmative determination with respect to clauses (ii) and (iii) of subparagraph (E), and if the Attorney General renders a negative determination with respect to clause (i) of such subparagraph, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the aliens status (and that of the aliens spouse and children if it was obtained under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (G)  Requirements relating to adverse determinations. (i)  Notice If the Attorney General renders an adverse determination under subparagraph (E), the Attorney General shall so notify the alien involved. The notice shall be in writing and shall state the factual basis for any adverse determination. The Attorney General shall provide the alien with an opportunity to submit evidence to rebut any adverse determination. If the Attorney General reverses all adverse determinations pursuant to such rebuttal, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the aliens status (and that of the aliens spouse and children if it was obtained under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (ii)  Termination if adverse determination If the eligible aliens rebuttal does not cause the Attorney General to reverse each adverse determination under subparagraph (E), the Attorney General shall so notify the alien involved and, subject to subsection (d), shall terminate the permanent resident status of the alien (and that of the aliens spouse and children if it was obtained on a conditional basis under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (d)  Hearing in Removal Proceeding Any alien whose permanent resident status is terminated under paragraph (1)(F)(iii) or (2)(G)(ii) of subsection (c) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General. (e)  Clarification With Respect to Children In the case of an alien who obtained the status of an alien lawfully admitted for permanent residence on a conditional basis before the date of the enactment of this Act [ Nov. 2, 2002 (f)  Definition of Full-Time For purposes of this section, the term full-time means a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN. (a)  In General With respect to each eligible alien described in subsection (b), the Attorney General or the Secretary of State shall approve the application described in subsection (b)(2) and grant the alien (and any spouse or child of the alien, if the spouse or child is eligible to receive a visa under section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) 8 U.S.C. 1186b Nov. 2, 2002 (b)  Eligible Aliens Described An alien is an eligible alien described in this subsection if the alien (1) filed, under section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) 8 U.S.C. 1153(b)(5) January 1, 1995 August 31, 1998 (2) pursuant to such approval, timely filed before the date of the enactment of this Act [ Nov. 2, 2002 8 U.S.C. 1255 8 U.S.C. 1153(b)(5) (3) is not inadmissible or deportable on any ground. (c)  Treatment of Certain Applications. (1)  Revocation of approval of petitions If the Attorney General revoked the approval of a petition described in subsection (b)(1), such revocation shall be disregarded for purposes of this section if it was based on a determination that the alien failed to satisfy section 203(b)(5)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A)(ii) (2)  Applications no longer pending. (A)  In general If an application described in subsection (b)(2) is not pending on the date of the enactment of this Act [ Nov. 2, 2002 (i) failed to satisfy section 203(b)(5)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A)(ii) (ii) departed the United States without advance parole. (B)  Applicants abroad In the case of an eligible alien who filed an application for adjustment of status described in subsection (b)(2), but who is no longer physically present in the United States, the Attorney General shall establish a process under which the alien may be paroled into the United States if necessary in order to obtain adjustment of status under this section. (d)  Recordation of Date; Reduction of Numbers Upon the approval of an application under subsection (a), the Attorney General shall record the aliens lawful admission for permanent residence on a conditional basis as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) (e)  Removal of Conditional Basis. (1)  Petition In order for a conditional basis established under this section for an alien (and the aliens spouse and children) to be removed, the alien must satisfy the requirements of section 216A(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(1) 8 U.S.C. 1186b(d)(1) (2)  Determination In carrying out section 216A(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(3) (A) the petition described in paragraph (1) contains any material misrepresentation in the facts and information alleged in the petition with respect to the commercial enterprises included in the petition; (B) subject to subparagraphs (B) and (C) of section 11031(c)(1), all such enterprises, considered together, created full-time jobs 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 alien and the aliens spouse, sons, or daughters), and those jobs exist or existed on either of the dates described in paragraph (3); and (C) considering the aliens investments in such enterprises on either of the dates described in paragraph (3), or on both such dates, the alien is or was in substantial compliance with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1)(B) (3)  Dates The dates described in this paragraph are the following: (A) The date on which the application described in subsection (b)(2) was filed. (B) The date on which the determination under paragraph (2) is made. (f)  Clarification With Respect to Children In the case of an alien who was a child on the date on which the application described in subsection (b)(2) was filed, the alien shall be considered to be a child for purposes of this section regardless of any change in age or marital status after such date. SEC. 11033. REGULATIONS. The Immigration and Naturalization Service shall promulgate regulations to implement this chapter [chapter 1 ( 1103111034) of subtitle B of title I of div. C of Pub. L. 107273 Nov. 2, 2002 8 U.S.C. 1186b(c)(1)(A) 8 U.S.C. 1255 8 U.S.C. 1229a SEC. 11034. DEFINITIONS. Except as otherwise provided, the terms used in this chapter shall have the meaning given such terms in section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)  1187. Visa waiver program for certain visitors (a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the program) under which the requirement of paragraph (7)(B)(i)(II) of section 1182(a) of this title (1) Seeking entry as tourist for 90 days or less The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title (2) National of program country The alien is a national of, and presents a passport issued by, a country which (A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, reciprocal privileges to citizens and nationals of the United States, and (B) is designated as a pilot program country under subsection (c). (3) Passport requirements The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following: (A) Machine readable The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability. (B) Electronic Beginning on April 1, 2016 (4) Executes immigration forms The alien before the time of such admission completes such immigration form as the Secretary of Homeland Security shall establish. (5) Entry into the United States If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations 1 1 (6) Not a safety threat The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States. (7) No previous violation If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant. (8) Round-trip ticket The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Secretary of Homeland Security under regulations or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations). (9) Automated system check The identity of the alien has been checked using an automated electronic database containing information about the inadmissibility of aliens to uncover any grounds on which the alien may be inadmissible to the United States, and no such ground has been found. (10) Electronic transmission of identification information Operators of aircraft under part 135 of title 14, Code of Federal Regulations, or operators of noncommercial aircraft that are owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, carrying any alien passenger who will apply for admission under this section shall furnish such information as the Secretary of Homeland Security by regulation shall prescribe as necessary for the identification of any alien passenger being transported and for the enforcement of the immigration laws. Such information shall be electronically transmitted not less than one hour prior to arrival at the port of entry for purposes of checking for inadmissibility using the automated electronic database. (11) Eligibility determination under the electronic system for travel authorization Beginning on the date on which the electronic system for travel authorization developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program. (12) Not present in Iraq, Syria, or any other country or area of concern (A) In general Except as provided in subparagraphs (B) and (C) (i) the alien has not been present, at any time on or after March 1, 2011 (I) in Iraq or Syria; (II) in a country that is designated by the Secretary of State under section 4605(j) 2 2 50 U.S.C. 1701 section 2780 of title 22 section 2371 of title 22 (III) in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and (ii) regardless of whether the alien is a national of a program country, the alien is not a national of (I) Iraq or Syria; (II) a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 4605(j) 2 50 U.S.C. 1701 section 2780 of title 22 section 2371 of title 22 (III) any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D). (B) Certain military personnel and government employees Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present (i) in order to perform military service in the armed forces of a program country; or (ii) in order to carry out official duties as a full time employee of the government of a program country. (C) Waiver The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States. (D) Countries or areas of concern (i) In general Not later than 60 days after December 18, 2015 (ii) Criteria In making a determination under clause (i), the Secretary shall consider (I) whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States; (II) whether a foreign terrorist organization has a significant presence in the country or area; and (III) whether the country or area is a safe haven for terrorists. (iii) Annual review The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i). (E) Report Beginning not later than one year after December 18, 2015 (b) Waiver of rights An alien may not be provided a waiver under the program unless the alien has waived any right (1) to review or appeal under this chapter of an immigration officers determination as to the admissibility of the alien at the port of entry into the United States, or (2) to contest, other than on the basis of an application for asylum, any action for removal of the alien. (c) Designation of program countries (1) In general The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if it meets the requirements of paragraph (2). (2) Qualifications Except as provided in subsection (f), a country may not be designated as a program country unless the following requirements are met: (A) Low nonimmigrant visa refusal rate Either (i) the average number of refusals of nonimmigrant visitor visas for nationals of that country during (I) the two previous full fiscal years was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years; and (II) either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year; or (ii) such refusal rate for nationals of that country during the previous full fiscal year was less than 3.0 percent. (B) Passport program (i) Issuance of passports The government of the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016 (ii) Validation of passports Not later than October 1, 2016 (C) Law enforcement and security interests The Secretary of Homeland Security, in consultation with the Secretary of State (i) evaluates the effect that the countrys designation would have on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law); (ii) determines that such interests would not be compromised by the designation of the country; and (iii) submits a written report to the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the countrys qualification for designation that includes an explanation of such determination. (D) Reporting lost and stolen passports The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports not later than 24 hours after becoming aware of the theft or loss and in a manner specified in the agreement. (E) Repatriation of aliens The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien. (F) Passenger information exchange The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement. (G) Interpol screening Not later than 270 days after December 18, 2015 (3) Continuing and subsequent qualifications For each fiscal year after the initial period (A) Continuing qualification In the case of a country which was a program country in the previous fiscal year, a country may not be designated as a program country unless the sum of (i) the total of the number of nationals of that country who were denied admission at the time of arrival or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor, and (ii) the total number of nationals of that country who were admitted as nonimmigrant visitors during such previous fiscal year and who violated the terms of such admission, was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year. (B) New countries In the case of another country, the country may not be designated as a program country unless the following requirements are met: (i) Low nonimmigrant visa refusal rate in previous 2-year period The average number of refusals of nonimmigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years. (ii) Low nonimmigrant visa refusal rate in each of the 2 previous years The average number of refusals of nonimmigrant visitor visas for nationals of that country during either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year. (4) Initial period For purposes of paragraphs (2) and (3), the term initial period means the period beginning at the end of the 30-day period described in subsection (b)(1) and ending on the last day of the first fiscal year which begins after such 30-day period. (5) Written reports on continuing qualification; designation terminations (A) Periodic evaluations (i) In general The Secretary of Homeland Security, in consultation with the Secretary of State, periodically (but not less than once every 2 years) (I) shall evaluate the effect of each program countrys continued designation on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law); (II) shall determine, based upon the evaluation in subclause (I), whether any such designation ought to be continued or terminated under subsection (d); (III) shall submit a written report to the Committee on the Judiciary, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the continuation or termination of the countrys designation that includes an explanation of such determination and the effects described in subclause (I); (IV) shall submit to Congress a report regarding the implementation of the electronic system for travel authorization under subsection (h)(3) and the participation of new countries in the program through a waiver under paragraph (8); and (V) shall submit to the committees described in subclause (III), a report that includes an assessment of the threat to the national security of the United States of the designation of each country designated as a program country, including the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of paragraph (2), as well as each such governments capacity to comply with such requirements. (ii) Effective date A termination of the designation of a country under this subparagraph shall take effect on the date determined by the Secretary of Homeland Security, in consultation with the Secretary of State. (iii) Redesignation In the case of a termination under this subparagraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that all causes of the termination have been eliminated. (B) Emergency termination (i) In general In the case of a program country in which an emergency occurs that the Secretary of Homeland Security, in consultation with the Secretary of State, determines threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States), the Secretary of Homeland Security shall immediately terminate the designation of the country as a program country. (ii) Definition For purposes of clause (i), the term emergency means (I) the overthrow of a democratically elected government; (II) war (including undeclared war, civil war, or other military activity) on the territory of the program country; (III) a severe breakdown in law and order affecting a significant portion of the program countrys territory; (IV) a severe economic collapse in the program country; or (V) any other extraordinary event in the program country that threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the countrys participation in the program could contribute to that threat. (iii) Redesignation The Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that (I) at least 6 months have elapsed since the effective date of the termination; (II) the emergency that caused the termination has ended; and (III) the average number of refusals of nonimmigrant visitor visas for nationals of that country during the period of termination under this subparagraph was less than 3.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during such period. (iv) Program suspension authority The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State (I) may suspend a country from the visa waiver program without prior notice; (II) shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and (III) shall restore the suspended countrys participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens. (C) Treatment of nationals after termination For purposes of this paragraph (i) nationals of a country whose designation is terminated under subparagraph (A) or (B) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (ii) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination. (6) Computation of visa refusal rates For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. No court shall have jurisdiction under this paragraph to review any visa refusal, the denial of admission to the United States of any alien by the Secretary of Homeland Security, the Secretarys computation of the visa refusal rate, or the designation or nondesignation of any country. (7) Visa waiver information (A) In general In refusing the application of nationals of a program country for United States visas, or the applications of nationals of a country seeking entry into the visa waiver program, a consular officer shall not knowingly or intentionally classify the refusal of the visa under a category that is not included in the calculation of the visa refusal rate only so that the percentage of that countrys visa refusals is less than the percentage limitation applicable to qualification for participation in the visa waiver program. (B) Reporting requirement On May 1 of each year, for each country under consideration for inclusion in the visa waiver program, the Secretary of State shall provide to the appropriate congressional committees (i) the total number of nationals of that country that applied for United States visas in that country during the previous calendar year; (ii) the total number of such nationals who received United States visas during the previous calendar year; (iii) the total number of such nationals who were refused United States visas during the previous calendar year; (iv) the total number of such nationals who were refused United States visas during the previous calendar year under each provision of this chapter under which the visas were refused; and (v) the number of such nationals that were refused under section 1184(b) of this title (C) Certification Not later than May 1 of each year, the United States chief of mission, acting or permanent, to each country under consideration for inclusion in the visa waiver program shall certify to the appropriate congressional committees that the information described in subparagraph (B) is accurate and provide a copy of that certification to those committees. (D) Consideration of countries in the visa waiver program Upon notification to the Secretary of Homeland Security that a country is under consideration for inclusion in the visa waiver program, the Secretary of State shall provide all of the information described in subparagraph (B) to the Secretary of Homeland Security. (E) Definition In this paragraph, the term appropriate congressional committees means the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on International Relations of the House of Representatives. (8) Nonimmigrant visa refusal rate flexibility (A) Certification (i) In general On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic system for travel authorization required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic system for travel authorization are in place. (ii) Notification to Congress The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i). (iii) Temporary suspension of waiver authority Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009 July 1, 2009 (iv) Rule of construction Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3). (B) Waiver After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if (i) the country meets all security requirements of this section; (ii) the Secretary of Homeland Security determines that the totality of the countrys security risk mitigation measures provide assurance that the countrys participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; (iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals of the country and conditions exist to continue such reduction; (iv) the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue; and (v) (I) the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or (II) the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C). (C) Maximum visa overstay rate (i) Requirement to establish After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States. (ii) Visa overstay rate defined In this paragraph the term visa overstay rate means, with respect to a country, the ratio of (I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year. (iii) Report and publication The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program. (9) Discretionary security-related considerations In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including (A) airport security standards in the country; (B) whether the country assists in the operation of an effective air marshal program; (C) the standards of passports and travel documents issued by the country; and (D) other security-related factors, including the countrys cooperation with the United States initiatives toward combating terrorism and the countrys cooperation with the United States intelligence community in sharing information regarding terrorist threats. (10) Technical assistance The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program with all the requirements of the program. (11) Independent review (A) In general Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program. (B) Reporting requirement The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A). (C) Contents The independent intelligence assessment conducted by the Director shall include (i) a review of all current, credible terrorist threats of the subject country; (ii) an evaluation of the subject countrys counterterrorism efforts; (iii) an evaluation as to the extent of the countrys sharing of information beneficial to suppressing terrorist movements, financing, or actions; (iv) an assessment of the risks associated with including the subject country in the program; and (v) recommendations to mitigate the risks identified in clause (iv). (12) Designation of high risk program countries (A) In general The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an annual basis based on the criteria described in subparagraph (B) and shall identify any program country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States. (B) Criteria In evaluating program countries under subparagraph (A), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall consider the following criteria: (i) The number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year. (ii) The number of nationals of the country who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year. (iii) The estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011 (iv) The capacity of the country to combat passport fraud. (v) The level of cooperation of the country with the counter-terrorism efforts of the United States. (vi) The adequacy of the border and immigration control of the country. (vii) Any other criteria the Secretary of Homeland Security determines to be appropriate. (C) Suspension of designation The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk. (D) Report Not later than 60 days after December 18, 2015 (d) Authority Notwithstanding any other provision of this section, the Secretary of Homeland Security, in consultation with the Secretary of State, may for any reason (including national security) refrain from waiving the visa requirement in respect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver or designation previously granted under this section. The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver. (e) Carrier agreements (1) In general The agreement referred to in subsection (a)(4) is an agreement between a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title and the Secretary of Homeland Security under which the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under the program (A) to indemnify the United States against any costs for the transportation of the alien from the United States if the visitor is refused admission to the United States or remains in the United States unlawfully after the 90-day period described in subsection (a)(1)(A), (B) to submit daily to immigration officers any immigration forms received with respect to nonimmigrant visitors provided a waiver under the program, (C) to be subject to the imposition of fines resulting from the transporting into the United States of a national of a designated country without a passport pursuant to regulations promulgated by the Secretary of Homeland Security, and (D) to collect, provide, and share passenger data as required under subsection (h)(1)(B). (2) Termination of agreements The Secretary of Homeland Security may terminate an agreement under paragraph (1) with five days notice to the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title for the failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title to meet the terms of such agreement. (3) Business aircraft requirements (A) In general For purposes of this section, a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations 1 (B) Collections In addition to any other fee authorized by law, the Secretary of Homeland Security is authorized to charge and collect, on a periodic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, for nonimmigrant visa waiver admissions on noncommercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigrant visa waiver arrival/departure forms at land border ports of entry. All fees collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 1356(h) of this title (f) Duration and termination of designation (1) In general (A) Determination and notification of disqualification rate Upon determination by the Secretary of Homeland Security that a program countrys disqualification rate is 2 percent or more, the Secretary of Homeland Security shall notify the Secretary of State. (B) Probationary status If the program countrys disqualification rate is greater than 2 percent but less than 3.5 percent, the Secretary of Homeland Security shall place the program country in probationary status for a period not to exceed 2 full fiscal years following the year in which the determination under subparagraph (A) is made. (C) Termination of designation Subject to paragraph (3), if the program countrys disqualification rate is 3.5 percent or more, the Secretary of Homeland Security shall terminate the countrys designation as a program country effective at the beginning of the second fiscal year following the fiscal year in which the determination under subparagraph (A) is made. (2) Termination of probationary status (A) In general If the Secretary of Homeland Security determines at the end of the probationary period described in paragraph (1)(B) that the program country placed in probationary status under such paragraph has failed to develop a machine-readable passport program as required by section 3 3 (B) Effective date A termination of the designation of a country under subparagraph (A) shall take effect on the first day of the first fiscal year following the fiscal year in which the determination under such subparagraph is made. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a). (3) Nonapplicability of certain provisions Paragraph (1)(C) shall not apply unless the total number of nationals of a program country described in paragraph (4)(A) exceeds 100. (4) Disqualification rate defined For purposes of this subsection, the term disqualification rate means the percentage which (A) the total number of nationals of the program country who were (i) denied admission at the time of arrival or withdrew their application for admission during the most recent fiscal year for which data are available; and (ii) admitted as nonimmigrant visitors during such fiscal year and who violated the terms of such admission; bears to (B) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such fiscal year. (5) Failure to report passport thefts If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not reporting the theft or loss of passports, as required by subsection (c)(2)(D), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (6) Failure to share information (A) In general If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not sharing information, as required by subsection (c)(2)(F), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is sharing information, as required by subsection (c)(2)(F). (7) Failure to screen (A) In general Beginning on the date that is 270 days after December 18, 2015 (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is conducting the screening required by subsection (c)(2)(G). (g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182(a) of this title (h) Use of information technology systems (1) Automated entry-exit control system (A) System Not later than October 1, 2001 (B) Requirements The system under subparagraph (A) shall satisfy the following requirements: (i) Data collection by carriers Not later than October 1, 2001 (ii) Data provision by carriers Not later than October 1, 2002 (iii) Calculation The system shall contain sufficient data to permit the Secretary of Homeland Security to calculate, for each program country and each fiscal year, the portion of nationals of that country who are described in subparagraph (A) and for whom no record of departure exists, expressed as a percentage of the total number of such nationals who are so described. (C) Reporting (i) Percentage of nationals lacking departure record As part of the annual report required to be submitted under section 1365a(e)(1) of this title (ii) System effectiveness Not later than December 31, 2004 (I) The conclusions of the Secretary of Homeland Security regarding the effectiveness of the automated entry and exit control system to be developed and implemented under this paragraph. (II) The recommendations of the Secretary of Homeland Security regarding the use of the calculation described in subparagraph (B)(iii) as a basis for evaluating whether to terminate or continue the designation of a country as a program country. The report required by this clause may be combined with the annual report required to be submitted on that date under section 1365a(e)(1) of this title (2) Automated data sharing system (A) System The Secretary of Homeland Security and the Secretary of State shall develop and implement an automated data sharing system that will permit them to share data in electronic form from their respective records systems regarding the admissibility of aliens who are nationals of a program country. (B) Requirements The system under subparagraph (A) shall satisfy the following requirements: (i) Supplying information to immigration officers conducting inspections at ports of entry Not later than October 1, 2002 section 1225 of this title (I) any photograph of the alien that may be contained in the records of the Department of State or the Service; and (II) information on whether the alien has ever been determined to be ineligible to receive a visa or ineligible to be admitted to the United States. (ii) Supplying photographs of inadmissible aliens The system shall permit the Secretary of Homeland Security electronically to obtain any photograph contained in the records of the Secretary of State pertaining to an alien who is a national of a program country and has been determined to be ineligible to receive a visa. (iii) Maintaining records on applications for admission The system shall maintain, for a minimum of 10 years, information about each application for admission made by an alien seeking a waiver under the program, including the following: (I) The name or Service identification number of each immigration officer conducting the inspection of the alien at the port of entry. (II) Any information described in clause (i) that is obtained from the system by any such officer. (III) The results of the application. (3) Electronic system for travel authorization (A) System The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully automated electronic system for travel authorization (referred to in this paragraph as the System) to collect such biographical and other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the 4 4 (B) Fees (i) In general No later than 6 months after March 4, 2010 (I) $17 per travel authorization; and (II) an amount that will at least ensure recovery of the full costs of providing and administering the System, as determined by the Secretary. (ii) Disposition of amounts collected Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established by subsection (d) of section 2131 of title 22 (iii) Sunset of Travel Promotion Fund fee The Secretary may not collect the fee authorized by clause (i)(I) for fiscal years beginning after October 31, 2028 (C) Validity (i) Period The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination or shorten the period of eligibility under any such determination at any time and for any reason. (ii) Limitation A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States. (iii) Not a determination of visa eligibility A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa. (iv) Judicial review Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System. (D) Fraud detection The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System. (E) Additional and previous countries of citizenship The Secretary of Homeland Security shall collect from an applicant for admission pursuant to this section information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any information so collected into account when making determinations as to the eligibility of the alien for admission pursuant to this section. (F) Report on certain limitations on travel Not later than 30 days after December 18, 2015 (i) Exit system (1) In general Not later than one year after August 3, 2007 (2) System requirements The system established under paragraph (1) shall (A) match biometric information of the alien against relevant watch lists and immigration information; and (B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States. (3) Report Not later than 180 days after August 3, 2007 (A) the progress made in developing and deploying the exit system established under this subsection; and (B) the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States. ( June 27, 1952, ch. 477 Pub. L. 99603, title III,  313(a) Nov. 6, 1986 100 Stat. 3435 Pub. L. 100525,  2(p)(1) Oct. 24, 1988 102 Stat. 2613 Pub. L. 101649, title II,  201(a) Nov. 29, 1990 104 Stat. 5012 Pub. L. 102232, title III l Dec. 12, 1991 105 Stat. 1746 Pub. L. 103415,  1(m) Oct. 25, 1994 108 Stat. 4301 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4312 Pub. L. 104208, div. C, title III,  308(d)(4)(F) Sept. 30, 1996 110 Stat. 3009618 Pub. L. 105119, title I,  125 Nov. 26, 1997 111 Stat. 2471 Pub. L. 105173 Apr. 27, 1998 112 Stat. 56 Pub. L. 106396, title I,  101(a) Oct. 30, 2000 114 Stat. 16371644 Pub. L. 10756, title IV,  417(c) Oct. 26, 2001 115 Stat. 355 Pub. L. 107173, title III,  307(a) May 14, 2002 116 Stat. 556 Pub. L. 11053, title VII,  711(c) Aug. 3, 2007 121 Stat. 339 Pub. L. 111145,  9(h) Mar. 4, 2010 124 Stat. 62 Pub. L. 113235, div. B, title VI,  606(1) Dec. 16, 2014 128 Stat. 2219 Pub. L. 111198,  5(a) July 2, 2010 124 Stat. 1357 Pub. L. 113235, div. B, title VI,  605(b) Dec. 16, 2014 128 Stat. 2219 Pub. L. 114113, div. O, title II Dec. 18, 2015 129 Stat. 29892995 Pub. L. 115123, div. C, title II,  30203(a) Feb. 9, 2018 132 Stat. 126 Pub. L. 11694, div. I, title VIII,  806 Dec. 20, 2019 133 Stat. 3029 Pub. L. 117103, div. EE,  101 Mar. 15, 2022 136 Stat. 1111  Editorial Notes  References in Text Section 4605(j) of title 50 Pub. L. 115232, div. A, title XVII,  1766(a) Aug. 13, 2018 132 Stat. 2232 section 4605(j) of title 50 section 4813(c) of title 50 Pub. L. 115232 The International Emergency Economic Powers Act, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), is title II of Pub. L. 95223 Dec. 28, 1977 91 Stat. 1626 section 1701 of Title 50 This chapter, referred to in subsecs. (b)(1) and (c)(7)(B)(iv), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2022Subsec. (h)(3)(B)(iii). Pub. L. 117103 October 31, 2028 September 30, 2027 2019Subsec. (h)(3)(B)(i)(I). Pub. L. 11694 2018Subsec. (h)(3)(B)(iii). Pub. L. 115123 September 30, 2027 September 30, 2020 2015 Pub. L. 114113,  209(b)(1) Pub. L. 114113,  209(a) Subsec. (a)(3). Pub. L. 114113,  202(a) Subsec. (a)(11). Pub. L. 114113,  209(b)(2) Subsec. (a)(12). Pub. L. 114113,  203 Subsec. (c)(2)(B). Pub. L. 114113,  202(b) Subsec. (c)(2)(C)(iii). Pub. L. 114113,  205(a)(1) Subsec. (c)(2)(D). Pub. L. 114113,  204(a) Subsec. (c)(2)(F). Pub. L. 114113,  204(c) Subsec. (c)(2)(G). Pub. L. 114113,  204(b) Subsec. (c)(5)(A)(i)(III). Pub. L. 114113,  205(a)(2)(A)(i) Subsec. (c)(5)(A)(i)(V). Pub. L. 114113,  205(a)(2)(A)(iii) Subsec. (c)(12). Pub. L. 114113,  206 Subsec. (f)(6), (7). Pub. L. 114113,  204(d) Subsec. (h)(3). Pub. L. 114113,  209(b)(3) Subsec. (h)(3)(C)(i). Pub. L. 114113,  207(a)(1) Subsec. (h)(3)(D) to (F). Pub. L. 114113,  207(a)(2) 2014Subsec. (h)(3)(B)(iii). Pub. L. 113235,  605(b) September 30, 2020 September 30, 2015 2010Subsec. (h)(3)(B). Pub. L. 111145,  9(h) Pub. L. 113235,  606(1) (i) set at a level that will ensure recovery of the full costs of providing and administering the System; and (ii) available to pay the costs incurred to administer the System. Subsec. (h)(3)(B)(ii). Pub. L. 111198,  5(a)(1) section 2131 of title 22 Subsec. (h)(3)(B)(iii). Pub. L. 111198,  5(a)(2) September 30, 2015 September 30, 2014 2007Subsec. (a). Pub. L. 11053,  711(d)(1)(A)(i) Subsec. (a)(11). Pub. L. 11053,  711(d)(1)(A)(ii) Subsec. (c)(2)(D). Pub. L. 11053,  711(d)(1)(B)(i)(I) Subsec. (c)(2)(E), (F). Pub. L. 11053,  711(d)(1)(B)(i)(II) Subsec. (c)(5)(A)(i). Pub. L. 11053,  711(d)(1)(B)(ii)(I) Subsec. (c)(5)(A)(i)(III). Pub. L. 11053,  711(d)(1)(B)(ii)(II)(bb)(AA) Subsec. (c)(5)(A)(i)(IV). Pub. L. 11053,  711(d)(1)(B)(ii)(II)(aa) Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 11053,  711(d)(1)(B)(ii)(I) Subsec. (c)(5)(B)(iv). Pub. L. 11053,  711(d)(1)(B)(ii)(III) Subsec. (c)(8), (9). Pub. L. 11053,  711(c) Subsec. (c)(10), (11). Pub. L. 11053,  711(d)(1)(B)(iii) Subsec. (d). Pub. L. 11053,  711(d)(1)(C) Subsec. (f)(5). Pub. L. 11053,  711(d)(1)(D) Subsec. (h)(3). Pub. L. 11053,  711(d)(1)(E) Subsec. (i). Pub. L. 11053,  711(d)(1)(F) 2002Subsec. (c)(2)(D). Pub. L. 107173,  307(a)(1) Subsec. (c)(5)(A)(i). Pub. L. 107173,  307(a)(2) Subsec. (f)(5). Pub. L. 107173,  307(a)(3) 2001Subsec. (a)(3). Pub. L. 10756,  417(d) In general Pub. L. 10756,  417(c) 2000 Pub. L. 106396,  101(a)(1) Subsec. (a). Pub. L. 106396 Subsec. (a)(1). Pub. L. 106396,  101(a)(2)(C) Subsec. (a)(2). Pub. L. 106396,  101(a)(2)(D) Subsec. (a)(2)(A). Pub. L. 106396,  201 Subsec. (a)(3), (4). Pub. L. 106396,  202(a) Subsec. (a)(5). Pub. L. 106396,  403(a) Pub. L. 106396,  202(a)(1) Subsec. (a)(6), (7). Pub. L. 106396,  202(a)(1) Subsec. (a)(8). Pub. L. 106396,  403(b) Pub. L. 106396,  202(a)(1) Subsec. (a)(9). Pub. L. 106396,  203(a) Subsec. (b). Pub. L. 106396,  101(a)(3) Subsec. (c). Pub. L. 106396,  101(a)(4)(A) Subsec. (c)(1). Pub. L. 106396,  101(a)(4)(B) Subsec. (c)(2). Pub. L. 106396,  101(a)(4)(C) Subsec. (c)(2)(B). Pub. L. 106396,  202(b) Subsec. (c)(2)(C). Pub. L. 106396,  204(a) Subsec. (c)(3). Pub. L. 106396,  101(a)(4)(D)(i) Subsec. (c)(3)(A). Pub. L. 106396,  101(a)(4)(D)(ii) Subsec. (c)(3)(B). Pub. L. 106396,  101(a)(4)(D)(iii) Subsec. (c)(5). Pub. L. 106396,  204(b) Subsec. (c)(6). Pub. L. 106396,  206 Subsec. (c)(7). Pub. L. 106396,  207 Subsec. (e)(1). Pub. L. 106396 Subsec. (e)(1)(B). Pub. L. 106396,  101(a)(5)(B) Subsec. (e)(1)(D). Pub. L. 106396,  205(b) Subsec. (e)(2). Pub. L. 106396,  403(d)(1) Subsec. (e)(3). Pub. L. 106396,  403(d)(2) Subsec. (f). Pub. L. 106396,  101(a)(6) October 1, 1988 April 30, 2000 Subsec. (f)(1)(A), (C). Pub. L. 106396,  101(a)(7)(A) Subsec. (f)(2) to (4). Pub. L. 106396,  101(a)(7)(C) Subsec. (g). Pub. L. 106396,  203(b) Subsec. (h). Pub. L. 106396,  205(a) 1998Subsec. (c)(2). Pub. L. 105173,  3 Subsec. (f). Pub. L. 105173,  1 1997Subsec. (f). Pub. L. 105119 April 30, 1998 September 30, 1997 1996Subsec. (a). Pub. L. 104208,  635(a)(1) Subsec. (a)(2)(B). Pub. L. 104208,  635(c)(3) Subsec. (b)(2). Pub. L. 104208,  308(e)(9) Subsec. (c)(1). Pub. L. 104208,  635(a)(2) Subsec. (c)(3)(A)(i). Pub. L. 104208,  308(d)(4)(F) Subsec. (d). Pub. L. 104208,  635(a)(3) Subsec. (f). Pub. L. 104208,  635(b) Subsec. (g). Pub. L. 104208,  635(c)(1) Subsec. (g)(4)(A)(i). Pub. L. 104208,  308(d)(4)(F) 1994Subsec. (a)(2)(B). Pub. L. 103416,  211(1) Subsec. (c)(2). Pub. L. 103416,  211(3) Subsec. (f). Pub. L. 103416,  210 Pub. L. 103415 Subsec. (g). Pub. L. 103416,  211(2) 1991Subsec. (a). Pub. L. 102232,  307 l Subsec. (a)(4). Pub. L. 102232,  303(a)(1)(A) Subsec. (b). Pub. L. 102232,  303(a)(1)(B) Subsec. (e)(1). Pub. L. 102232,  303(a)(2) 1990Subsec. (a)(2). Pub. L. 101649,  201(a)(1) Subsec. (a)(3). Pub. L. 101649,  201(a)(2) (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. 101649,  201(a)(3) Subsec. (a)(7). Pub. L. 101649,  201(a)(4) Subsec. (b). Pub. L. 101649,  201(a)(5) Subsec. (c)(1). Pub. L. 101649,  201(a)(6)(A) Subsec. (c)(2). Pub. L. 101649,  201(a)(6)(B) Subsec. (d). Pub. L. 101649,  201(a)(7) Subsec. (e). Pub. L. 101649,  201(a)(7) Subsec. (f). Pub. L. 101649,  201(a)(7) October 1, 1988 September 30, 1994 1988 Pub. L. 100525,  2(p)(1) Pub. L. 99603,  313(a) Subsec. (a). Pub. L. 100525,  2(p)(2) Statutory Notes and Related Subsidiaries  Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 Effective Date of 2007 Amendment Pub. L. 11053, title VII,  711(d)(2) Aug. 3, 2007 121 Stat. 345 Section 217(a)(11) of the Immigration and Nationality Act [ 8 U.S.C. 1187(a)(11) Nov. 13, 2008 Effective Date of 1996 Amendment Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by section 303(a)(1), (2) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l Pub. L. 101649 Effective Date of 1990 Amendment Pub. L. 101649, title II,  201(d) Nov. 29, 1990 104 Stat. 5014 The amendments made by this section [amending this section and section 1323 of this title Nov. 29, 1990 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Date of Submission of First Report Pub. L. 114113, div. O, title II,  205(b) Dec. 18, 2015 129 Stat. 2993 The Secretary of Homeland Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2015 Modernizing and Strengthening of Security of Visa Waiver Program Pub. L. 11053, title VII,  711(b) Aug. 3, 2007 121 Stat. 338  It is the sense of Congress that (1) the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (A) enhancing program security requirements; and (B) extending visa-free travel privileges to nationals of foreign countries that are partners in the war on terrorism (i) that are actively cooperating with the United States to prevent terrorist travel, including sharing counterterrorism and law enforcement information; and (ii) whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act [ 8 U.S.C. 1101 (2) the modernization described in paragraph (1) will (A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives; (B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and (C) strengthen bilateral relationships. Machine Readable Passports Pub. L. 10756, title IV,  417(a) Oct. 26, 2001 115 Stat. 355 Sept. 30, 2007 Report Required Pub. L. 106396, title IV,  403(e) Oct. 30, 2000 114 Stat. 1649 Not later than two years after the date of the enactment of this Act [ Oct. 30, 2000 8 U.S.C. 1101 Transition Provisions Pub. L. 104208, div. C, title VI,  635(c)(2) Sept. 30, 1996 110 Stat. 3009703 A country designated as a pilot program country with probationary status under section 217(g) of the Immigration and Nationality Act [ 8 U.S.C. 1187(g) Sept. 30, 1996 Operation of Automated Data Arrival and Departure Control System; Report to Congress Pub. L. 101649, title II,  201(c) Nov. 29, 1990 104 Stat. 5014 By not later than January 1, 1992 Report on Visa Waiver Pilot Program Pub. L. 99603, title IV,  405 Nov. 6, 1986 100 Stat. 3442  1187a. Provision of assistance to non-program countries The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide assistance in a risk-based manner to countries that do not participate in the visa waiver program under section 1187 of this title (1) submitting to Interpol information about the theft or loss of passports of citizens or nationals of such a country; and (2) issuing, and validating at the ports of entry of such a country, electronic passports that are fraud-resistant, contain relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfy internationally accepted standards for electronic passports. ( Pub. L. 114113, div. O, title II,  208 Dec. 18, 2015 129 Stat. 2995  Editorial Notes Codification Section was enacted as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, and also as part of the Consolidated Appropriations Act, 2016, and not as part of the Immigration and Nationality Act which comprises this chapter.  1188. Admission of temporary H2A workers (a) Conditions for approval of H2A petitions (1) A petition to import an alien as an H2A worker (as defined in subsection (i)(2)) 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) 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 H2A 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 workers 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 employers job offer. The obligation to engage in positive recruitment under this paragraph shall terminate on the date the H2A workers depart for the employers 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 45 days before the first date the employer requires the labor or services of the H2A 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)) 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 30 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) 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-H2A-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 employers 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 H2A workers depart for work with the employer. The Secretarys 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 (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 H2A worker who is displaced due to compliance with the requirement of this subparagraph, if the Secretary of Labor certifies that the H2A worker was displaced because of the employers 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 H2A 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 employers 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 Provided further Provided further Provided further And provided further 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) Members 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) 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) Associations 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) 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) 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) or a revocation of such a certification or, at the applicants 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 H2A 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 (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)(5)(A)(i) of this title (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 Secretarys 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 section 1324a of this title (2) The provisions of subsections (a) and (c) of section 1184 of this title (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)(3) of this title (2) The term H2A worker means a nonimmigrant described in section 1101(a)(15)(H)(ii)(a) of this title ( June 27, 1952, ch. 477 Pub. L. 99603, title III,  301(c) Nov. 6, 1986 100 Stat. 3411 Pub. L. 100525,  2 l Oct. 24, 1988 102 Stat. 2612 Pub. L. 102232, title III l Dec. 12, 1991 105 Stat. 1756 Pub. L. 103416, title II,  219(z)(8) Oct. 25, 1994 108 Stat. 4318 Pub. L. 10678, title VII,  748 Oct. 22, 1999 113 Stat. 1167 Pub. L. 106554,  1(a)(1) [title I,  105] Dec. 21, 2000 114 Stat. 2763  Editorial Notes  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. 99603 Codification Section was classified to section 1186 of this title Pub. L. 100525 Amendments 2000Subsec. (c)(4). Pub. L. 106554 1999Subsec. (c)(1). Pub. L. 10678,  748(1) Subsec. (c)(3)(A). Pub. L. 10678,  748(2) 1994Subsec. (i)(1). Pub. L. 103416 Pub. L. 102232,  309(b)(8) 1991Subsec. (g)(3). Pub. L. 102232,  307 l Subsec. (i)(1). Pub. L. 102232,  309(b)(8) Pub. L. 103416 1988 Pub. L. 100525,  2 l Pub. L. 99603,  301(c) Subsec. (c)(4). Pub. L. 100525,  2 l Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103416, title II,  219(z) Oct. 25, 1994 108 Stat. 4318 Pub. L. 102232 Effective Date of 1991 Amendment Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l Pub. L. 101649 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Effective Date; Regulations Pub. L. 99603, title III,  301(d) Nov. 6, 1986 100 Stat. 3416 Pub. L. 100525,  2 l Oct. 24, 1988 102 Stat. 2612  (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) Nov. 6, 1986 (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)  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Sense of Congress Respecting Consultation With Mexico Pub. L. 99603, title III,  301(f) Nov. 6, 1986 100 Stat. 3416 Pub. L. 100525,  2 l Oct. 24, 1988 102 Stat. 2612 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 H2A Program Pub. L. 99603, title IV,  403 Nov. 6, 1986 100 Stat. 3441  (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 (H2A) 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 H2A 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 H2A 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 H2A 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 [Functions of President under section 403 of Pub. L. 99603 Feb. 10, 1992 section 1364 of this title  1189. Designation of foreign terrorist organizations (a) Designation (1) In general The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that (A) the organization is a foreign organization; (B) the organization engages in terrorist activity (as defined in section 1182(a)(3)(B) of this title section 2656f(d)(2) of title 22 1 1 section 1182(a)(3)(B) of this title (C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States. (2) Procedure (A) Notice (i) To congressional leaders Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor. (ii) Publication in Federal Register The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i). (B) Effect of designation (i) For purposes of section 2339B of title 18 (ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation. (C) Freezing of assets Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court. (3) Record (A) In general In making a designation under this subsection, the Secretary shall create an administrative record. (B) Classified information The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (4) Period of designation (A) In general A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c). (B) Review of designation upon petition (i) In general The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). (ii) Petition period For purposes of clause (i) (I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or (II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. (iii) Procedures Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the organization is warranted. (iv) Determination (I) In general Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. (II) Classified information The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (III) Publication of determination A determination made by the Secretary under this clause shall be published in the Federal Register. (IV) Procedures Any revocation by the Secretary shall be made in accordance with paragraph (6). (C) Other review of designation (i) In general If in a 5-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register. (5) Revocation by Act of Congress The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). (6) Revocation based on change in circumstances (A) In general The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Secretary finds that (i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or (ii) the national security of the United States warrants a revocation. (B) Procedure The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. (7) Effect of revocation The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. (8) Use of designation in trial or hearing If a designation under this subsection has become effective under paragraph (2)(B) a defendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing. (b) Amendments to a designation (1) In general The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. (2) Procedure Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. (3) Administrative record The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. (4) Classified information The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (c) Judicial review of designation (1) In general Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. (2) Basis of review Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation. (3) Scope of review The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; (D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2), 2 2 (E) not in accord with the procedures required by law. (4) Judicial review invoked The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation. (d) Definitions As used in this section (1) the term classified information has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); (2) the term national security means the national defense, foreign relations, or economic interests of the United States; (3) the term relevant committees means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and (4) the term Secretary means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General. ( June 27, 1952, ch. 477 Pub. L. 104132, title III,  302(a) Apr. 24, 1996 110 Stat. 1248 Pub. L. 104208, div. C, title III,  356 Sept. 30, 1996 110 Stat. 3009644 Pub. L. 10756, title IV,  411(c) Oct. 26, 2001 115 Stat. 349 Pub. L. 108458, title VII,  7119(a) Dec. 17, 2004 118 Stat. 3801  Editorial Notes  References in Text Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (d)(1), is section 1(a) of Pub. L. 96456 Codification Another section 411(c) of Pub. L. 10756 section 1182 of this title Amendments 2004Subsec. (a)(3)(B). Pub. L. 108458,  7119(c)(1)(A) Subsec. (a)(4)(A). Pub. L. 108458,  7119(a)(1) Subsec. (a)(4)(B). Pub. L. 108458,  7119(a)(2) Subsec. (a)(4)(C). Pub. L. 108458,  7119(a)(3) Subsec. (a)(6)(A). Pub. L. 108458,  7119(c)(1)(B)(i) Subsec. (a)(6)(A)(i). Pub. L. 108458,  7119(c)(1)(B)(ii) Subsec. (a)(7). Pub. L. 108458,  7119(c)(1)(C) Subsec. (a)(8). Pub. L. 108458,  7119(c)(1)(D) Subsec. (b). Pub. L. 108458,  7119(b)(2) Subsec. (c). Pub. L. 108458,  7119(b)(1) Subsec. (c)(1). Pub. L. 108458,  7119(c)(2)(A) Subsec. (c)(2) to (4). Pub. L. 108458,  7119(c)(2)(B) Subsec. (d). Pub. L. 108458,  7119(b)(1) 2001Subsec. (a)(1)(B). Pub. L. 10756,  411(c)(1) section 2656f(d)(2) of title 22 section 1182(a)(3)(B) of this title Subsec. (a)(1)(C). Pub. L. 10756,  411(c)(2) Subsec. (a)(2)(A). Pub. L. 10756,  411(c)(3) (i) notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in writing, of the intent to designate a foreign organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor; and (ii) seven days after such notification, publish the designation in the Federal Register. Subsec. (a)(2)(B)(i). Pub. L. 10756,  411(c)(4) Subsec. (a)(2)(C). Pub. L. 10756,  411(c)(5) Subsec. (a)(3)(B). Pub. L. 10756,  411(c)(6) Subsec. (a)(4)(B). Pub. L. 10756,  411(c)(7) Subsec. (a)(6)(A). Pub. L. 10756,  411(c)(8)(A) Subsec. (a)(6)(A)(i). Pub. L. 10756,  411(c)(8)(B) Subsec. (a)(6)(A)(ii). Pub. L. 10756,  411(c)(8)(C) Subsec. (a)(6)(B). Pub. L. 10756,  411(c)(9) Subsec. (a)(7). Pub. L. 10756,  411(c)(10) Subsec. (a)(8). Pub. L. 10756,  411(c)(11) 1996 Pub. L. 104208,  671(c)(1) Subsec. (b)(3)(D), (E). Pub. L. 104208,  356 Statutory Notes and Related Subsidiaries Effective Date of 2001 Amendment Amendment by Pub. L. 10756 Oct. 26, 2001 Oct. 26, 2001 section 411(c) of Pub. L. 10756 section 1182 of this title Effective Date of 1996 Amendment Amendment by section 356 of Pub. L. 104208 Pub. L. 104132 section 358 of Pub. L. 104208 section 1182 of this title Pub. L. 104208, div. C, title VI,  671(c)(7) Sept. 30, 1996 110 Stat. 3009723 The amendments made by this subsection [amending this section and sections 1105a and 1252a of this title] shall take effect as if included in the enactment of subtitle A of title IV of AEPDA [AEDPA, Pub. L. 104132  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Savings Provision Pub. L. 108458, title VII,  7119(d) Dec. 17, 2004 118 Stat. 3803 For purposes of applying section 219 of the Immigration and Nationality Act [ 8 U.S.C. 1189 Dec. 17, 2004 8 U.S.C. 1189(a)(4)(B) 8 U.S.C. 1189(a) Part III Issuance of Entry Documents  1201. Issuance of visas (a) Immigrants; nonimmigrants (1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue (A) 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 (B) 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 (2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry. (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; renewal or replacement (1) Immigrant visas An immigrant visa shall be valid for such period, not exceeding six 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. (2) Nonimmigrant visas 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; except that in the case of aliens who are nationals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent residents, respectively, in the United States. (3) Visa replacement 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 the immigrant (A) 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; (B) is found by a consular officer to be eligible for an immigrant visa; and (C) pays again the statutory fees for an application and an immigrant visa. (4) Fee waiver If an immigrant visa was issued, on or after March 27, 2013 (A) the immigrant child was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and (B) if such inability was attributable to factors beyond the control of the adopting parent or parents and of the immigrant. (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 deny admission to 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 section 1182 of this title Provided section 1182(a)(4) of this title section 1183 of this title Provided further section 1184(a) of this title section 1258 of this title (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 be admitted 1 1 (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 section 1323(b) of this title section 2241 of title 28 section 1227(a)(1)(B) of this title ( June 27, 1952, ch. 477 66 Stat. 191 Pub. L. 87301,  4 Sept. 26, 1961 75 Stat. 651 Pub. L. 89236 Oct. 3, 1965 79 Stat. 918 Pub. L. 97116,  18(f) Dec. 29, 1981 95 Stat. 1620 Pub. L. 99653,  5(a) Nov. 14, 1986 100 Stat. 3656 Pub. L. 100525,  8(d)(1) Oct. 24, 1988 102 Stat. 2617 Pub. L. 101649, title VI,  603(a)(9) Nov. 29, 1990 104 Stat. 5083 Pub. L. 102232, title III,  302(e)(8)(C) Dec. 12, 1991 105 Stat. 1746 Pub. L. 104208, div. C, title III,  308(d)(4)(G) Sept. 30, 1996 110 Stat. 3009618 Pub. L. 107173, title III,  301 May 14, 2002 116 Stat. 552 Pub. L. 108458, title V,  5304(a) Dec. 17, 2004 118 Stat. 3736 Pub. L. 11470,  2 Oct. 16, 2015 129 Stat. 561  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1), (g), and (h), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2015Subsec. (c). Pub. L. 11470 2004Subsec. (i). Pub. L. 108458 section 2241 of title 28 section 1227(a)(1)(B) of this title 2002Subsec. (a). Pub. L. 107173 1996Subsec. (c). Pub. L. 104208,  631 Subsec. (f). Pub. L. 104208,  308(d)(4)(G) Subsec. (h). Pub. L. 104208,  308(f)(2)(B) 1991Subsec. (a). Pub. L. 102232 1990Subsec. (g). Pub. L. 101649 section 1182(a)(15) of this title 1988Subsecs. (a) to (c). Pub. L. 100525 Pub. L. 99653,  5 1986Subsec. (a). Pub. L. 99653,  5(a)(1) Pub. L. 100525 Subsec. (b). Pub. L. 99653,  5(a)(2) Pub. L. 100525 Subsec. (c). Pub. L. 99653,  5(a)(3) Pub. L. 100525 Provided Provided 1981Subsec. (a). Pub. L. 97116 1965Subsec. (a). Pub. L. 89236,  11(a) Subsec. (c). Pub. L. 89236,  11(b) Subsec. (g). Pub. L. 89236,  17 1961Subsec. (c). Pub. L. 87301 Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Amendment by Pub. L. 108458 Dec. 17, 2004 section 5304(d) of Pub. L. 108458 section 1155 of this title Effective Date of 1996 Amendment Amendment by section 308(d)(4)(G), (f)(2)(B) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Pub. L. 102232, title III,  302(e)(8) Dec. 12, 1991 105 Stat. 1746 Pub. L. 101649 Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1986 Amendment Pub. L. 99653,  23(b) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2619 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 November 14, 1986 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Processing of Visa Applications Pub. L. 107228, div. A, title II,  233 Sept. 30, 2002 116 Stat. 1373  (a)  In General It shall be the policy of the Department [of State] to process each visa application from an alien classified as an immediate relative or as a K1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the petitioner is a relative other than an immediate relative, it should be the policy of the Department to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. (b)  Definitions In this section: (1)  Immediate relative The term immediate relative has the meaning given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) (2) K1 nonimmigrant The term K1 nonimmigrant means a nonimmigrant alien described in section 101(a)(15)(K)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K)(i) Prevention of Consulate Shopping Pub. L. 10756, title IV,  418 Oct. 26, 2001 115 Stat. 355  (a)  Review The Secretary of State shall review how consular officers issue visas to determine if consular shopping is a problem. (b)  Actions to be Taken If the Secretary of State determines under subsection (a) that consular shopping is a problem, the Secretary shall take steps to address the problem and shall submit a report to Congress describing what action was taken. Pub. L. 106113, div. B,  1000(a)(7) [div. A, title II,  237] Nov. 29, 1999 113 Stat. 1536  (a)  Policy It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant K1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the sponsor of such applicant is a relative other than an immediate relative, it should be the policy of the Department of State to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. (b)  Reports Not later than 180 days after the date of enactment of this Act [ Nov. 29, 1999 Permitting Extension of Period of Validity of Immigrant Visas for Certain Residents of Hong Kong Pub. L. 101649, title I,  154 Nov. 29, 1990 104 Stat. 5006 Pub. L. 102232, title III,  302(d)(4) Dec. 12, 1991 105 Stat. 1745  (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) Nov. 29, 1990 September 1, 2001 (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 aliens 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 (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 (B) (i) is residing in Hong Kong as of the date of the enactment of this Act [ Nov. 29, 1990 8 U.S.C. 1153(a) October 1, 1991 (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. 3508 (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) Repealed. Pub. L. 102232, title III,  302(d)(4)(C) Dec. 12, 1991 105 Stat. 1745 (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) 8 U.S.C. 1101 50 U.S.C. 3508 [ Section 154 of Pub. L. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 section 1101 of this title Cuban Political Prisoners and Immigrants Pub. L. 100204, title IX,  903 Dec. 22, 1987 101 Stat. 1401 Pub. L. 104208, div. C, title III,  308(g)(7)(C)(iii) Sept. 30, 1996 110 Stat. 3009624  (a)  Processing of Certain Cuban Political Prisoners as Refugees In light of the announcement of the Government of Cuba on November 20, 1987 December 14, 1984 Dec. 22, 1987 January 1, 1959 (b)  Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries Notwithstanding section 212(f) and section 243(d) of the Immigration and Nationality Act [ 8 U.S.C. 1182(f) Dec. 22, 1987 (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. 100202,  101(a) [title VII] Dec. 22, 1987 101 Stat. 1329 Pub. L. 104208, div. C, title III,  308(g)(7)(C)(ii) Sept. 30, 1996 110 Stat. 3009624  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 December 14, 1984 Dec. 22, 1987 January 1, 1959 (b)  Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries Notwithstanding section 212(f) and section 243(d) of the Immigration and Nationality Act [ 8 U.S.C. 1182(f) Dec. 22, 1987 (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)  1201a. Repealed. Pub. L. 99653,  5(b) Nov. 14, 1986 100 Stat. 3656 Pub. L. 100525,  8(d)(2) Oct. 24, 1988 102 Stat. 2617   Section, Pub. L. 85316,  8 Sept. 11, 1957 71 Stat. 641 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986 section 23(b) of Pub. L. 99653 section 1201 of this title  1202. Application for visas (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 alien 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; 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. All immigrant visa applications shall be reviewed and adjudicated by a consular officer. (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; his marital status; and such additional information necessary to the identification of the applicant, the determination of his eligibility for a nonimmigrant visa, and the enforcement of the immigration and nationality laws as may be by regulations prescribed. The alien shall provide complete and accurate information in response to any request for information contained in the application. At the discretion of the Secretary of State, application forms for the various classes of nonimmigrant admissions described in section 1101(a)(15) of this title (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. All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer. (e) Signing and verification of application Except as may be otherwise prescribed by regulations, each application for an immigrant visa 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, or other 1 1 (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 (1) 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. 2 2 (2) the Secretary of State, in the Secretarys discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of States computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database (A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or (B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States. (g) Nonimmigrant visa void at conclusion of authorized period of stay (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay. (2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except (A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the aliens nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or (B) where extraordinary circumstances are found by the Secretary of State to exist. (h) In person interview with consular officer Notwithstanding any other provision of this chapter, the Secretary of State shall require every alien applying for a nonimmigrant visa (1) who is at least 14 years of age and not more than 79 years of age to submit to an in person interview with a consular officer unless the requirement for such interview is waived (A) by a consular official and such alien is (i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101(a)(15) of this title (ii) within the NATO visa category; (iii) within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii) 3 3 (iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent thereof; (B) by a consular official and such alien is applying for a visa (i) not more than 12 months after the date on which such aliens prior visa expired; (ii) for the visa classification for which such prior visa was issued; (iii) from the consular post located in the country of such aliens usual residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national; and (iv) the consular officer has no indication that such alien has not complied with the immigration laws and regulations of the United States; or (C) by the Secretary of State if the Secretary determines that such waiver is (i) in the national interest of the United States; or (ii) necessary as a result of unusual or emergent circumstances; and (2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien (A) is not a national or resident of the country in which such alien is applying for a visa; (B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained; (C) is listed in the Consular Lookout and Support System (or successor system at the Department of State); (D) is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism, except such nationals who possess nationalities of countries that are not designated as state sponsors of terrorism; (E) requires a security advisory opinion or other Department of State clearance, unless such alien is (i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101(a)(15) of this title (ii) within the NATO visa category; (iii) within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii) 3 (iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or (F) is identified as a member of a group or sector that the Secretary of State determines (i) poses a substantial risk of submitting inaccurate information in order to obtain a visa; (ii) has historically had visa applications denied at a rate that is higher than the average rate of such denials; or (iii) poses a security threat to the United States. ( June 27, 1952, ch. 477 66 Stat. 193 Pub. L. 87301,  6 Sept. 26, 1961 75 Stat. 653 Pub. L. 89236,  11(c) Oct. 3, 1965 79 Stat. 918 Pub. L. 99653,  6 Nov. 14, 1986 100 Stat. 3656 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2617 Pub. L. 103416, title II,  205(a) Oct. 25, 1994 108 Stat. 4311 Pub. L. 104208, div. C, title VI Sept. 30, 1996 110 Stat. 3009701 Pub. L. 10756, title IV,  413 Oct. 26, 2001 115 Stat. 353 Pub. L. 108458, title V Dec. 17, 2004 118 Stat. 3735  Editorial Notes  References in Text This chapter, referred to in subsec. (h), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2004Subsec. (b). Pub. L. 108458,  7203(b)(1) Subsec. (c). Pub. L. 108458,  5302 Subsec. (d). Pub. L. 108458,  7203(b)(2) Subsec. (h). Pub. L. 108458,  5301(a) 2001Subsec. (f). Pub. L. 10756 1996Subsec. (c). Pub. L. 104208,  634(a) section 1101(a)(15) of this title Subsec. (e). Pub. L. 104208,  634(b) Subsec. (g). Pub. L. 104208,  632(a) 1994Subsec. (a). Pub. L. 103416,  205(a) section 1151(b) of this title 1988Subsec. (a). Pub. L. 100525,  9(j) Subsecs. (b), (e). Pub. L. 100525,  8(e) Pub. L. 99653,  6 1986Subsec. (b). Pub. L. 99653,  6(a) Pub. L. 100525,  8(e)(1) Subsec. (e). Pub. L. 99653,  6(b) Pub. L. 100525,  8(e)(2) 1965Subsec. (a). Pub. L. 89236 1961Subsecs. (a), (c). Pub. L. 87301 Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108458, title V,  5303 Dec. 17, 2004 118 Stat. 3736 Notwithstanding section 1086 [ Pub. L. 108458 Dec. 17, 2004 Pub. L. 108458, title VII,  7219 Dec. 17, 2004 118 Stat. 3835 Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle B ( 72017220) of title VII of Pub. L. 108458 Dec. 17, 2004 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title VI,  632(b) Sept. 30, 1996 110 Stat. 3009701  (1)  Visas Section 222(g)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1202(g)(1) Sept. 30, 1996 (2)  Aliens seeking readmission Section 222(g)(2) of the Immigration and Nationality Act, as added by subsection (a), shall apply to any alien applying for readmission to the United States after the date of the enactment of this Act, except an alien applying for readmission on the basis on a visa that (A) was issued before such date; and (B) is not void through the application of section 222(g)(1) of the Immigration and Nationality Act, as added by subsection (a). Effective Date of 1994 Amendment Pub. L. 103416, title II,  205(b) Oct. 25, 1994 108 Stat. 4311 The amendments made by subsection (a) [amending this section] shall apply to applications made on or after the date of the enactment of this Act [ Oct. 25, 1994 Effective Date of 1988 Amendment Amendment by section 8(e) of Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(b) of Pub. L. 99653 section 1201 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Sharing of Certain Information Pub. L. 109162, title VIII,  834 Jan. 5, 2006 119 Stat. 3077 Section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) 8 U.S.C. 1101(a)(15)(K) section 1184 of this title section 1375a of this title  1203. Reentry permit (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 July 5, 1932 (b) Issuance of permit; nonrenewability If the Attorney General finds (1) that the applicant under subsection (a)(1) has been lawfully admitted to the United States for permanent residence, or that the applicant under subsection (a)(2) 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 aliens 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. ( June 27, 1952, ch. 477 66 Stat. 194 Pub. L. 97116,  6 Dec. 29, 1981 95 Stat. 1615  Editorial Notes  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 June 27, 1952 section 1101(a)(15)(E) of this title This chapter, referred to in subsec. (e), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1981Subsec. (b). Pub. L. 97116 Provided Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1204. Immediate relative and special immigrant visas  A consular officer may, subject to the limitations provided in section 1201 of this title ( June 27, 1952, ch. 477 66 Stat. 195 Pub. L. 89236,  11(d) Oct. 3, 1965 79 Stat. 918  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1965 Pub. L. 89236 Statutory Notes and Related Subsidiaries Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  1205. Repealed. Pub. L. 87301,  24(a)(2) Sept. 26, 1961 75 Stat. 657   Section, Pub. L. 85316,  4 Sept. 11, 1957 71 Stat. 639 Pub. L. 86253,  2 Sept. 9, 1959 73 Stat. 490 Pub. L. 86648,  7 July 14, 1960 74 Stat. 505 Part IV Inspection, Apprehension, Examination, Exclusion, and Removal  1221. Lists of alien and citizen passengers arriving and departing (a) Arrival manifests For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide to any United States border officer (as defined in subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port. (b) Departure manifests For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide any United States border officer (as defined in subsection (i)) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported. (c) Contents of manifest The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) shall include (1) complete name; (2) date of birth; (3) citizenship; (4) sex; (5) passport number and country of issuance; (6) country of residence; (7) United States visa number, date, and place of issuance, where applicable; (8) alien registration number, where applicable; (9) United States address while in the United States; and (10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security. (d) Appropriate officials specified An appropriate official specified in this subsection is the master or commanding officer, or authorized agent, owner, or consignee, of the commercial vessel or aircraft concerned. (e) Deadline for requirement of electronic transmission of manifest information Not later than January 1, 2003 (f) Prohibition No operator of any private or public carrier that is under a duty to provide manifest information under this section shall be granted clearance papers until the appropriate official specified in subsection (d) has complied with the requirements of this subsection, except that, in the case of commercial vessels or aircraft that the Attorney General determines are making regular trips to the United States, the Attorney General may, when expedient, arrange for the provision of manifest information of persons departing the United States at a later date. (g) Penalties against noncomplying shipments, aircraft, or carriers If it shall appear to the satisfaction of the Attorney General that an appropriate official specified in subsection (d), any public or private carrier, or the agent of any transportation line, as the case may be, has refused or failed to provide manifest information required by subsection (a) or (b), or that the manifest information provided is not accurate and full based on information provided to the carrier, such official, carrier, or agent, as the case may be, shall pay to the Commissioner the sum of $1,000 for each person with respect to whom such accurate and full manifest information is not provided, or with respect to whom the manifest information is not prepared as prescribed by this section or by regulations issued pursuant thereto. No commercial 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 Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty. (h) Waiver The Attorney General may waive the requirements of subsection (a) or (b) upon such circumstances and conditions as the Attorney General may by regulation prescribe. (i) United States border officer defined In this section, the term United States border officer means, with respect to a particular port of entry into the United States, any United States official who is performing duties at that port of entry. (j) 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. ( June 27, 1952, ch. 477 66 Stat. 195 Pub. L. 97116,  18(g) Dec. 29, 1981 95 Stat. 1620 Pub. L. 101649, title V,  543(a)(1) Nov. 29, 1990 104 Stat. 5057 Pub. L. 102232, title III,  306(c)(4)(A) Dec. 12, 1991 105 Stat. 1752 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622 Pub. L. 10777, title I,  115 Nov. 28, 2001 115 Stat. 768 Pub. L. 107173, title IV,  402(a) May 14, 2002 116 Stat. 557  Editorial Notes Amendments 2002 Pub. L. 107173 2001Subsec. (a). Pub. L. 10777,  115(a) section 1224 of this title Subsec. (b). Pub. L. 10777,  115(b) section 1224 of this title Subsec. (d). Pub. L. 10777,  115(c) 1996Subsecs. (a), (b). Pub. L. 104208 1991Subsec. (d). Pub. L. 102232 1990Subsec. (d). Pub. L. 101649 1981Subsec. (d). Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Pub. L. 107173, title IV,  402(c) May 14, 2002 116 Stat. 559 The amendments made by subsection (a) [amending this section] shall apply with respect to persons arriving in, or departing from, the United States on or after the date of enactment of this Act [ May 14, 2002 Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Pub. L. 101649, title V,  543(c) Nov. 29, 1990 104 Stat. 5059 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. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Extension to Land Carriers Pub. L. 107173, title IV,  402(b) May 14, 2002 116 Stat. 559 May 14, 2002  1222. Detention of aliens for physical and mental examination (a) Detention of aliens For the purpose of determining whether aliens (including alien crewmen) arriving at ports of the United States belong to any of the classes inadmissible under 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 (b) Physical and mental examination 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 immigration judges, 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 medical officers shall be provided with suitable facilities for the detention and examination of all arriving aliens who it is suspected may be inadmissible under paragraph (1) of section 1182(a) of this title section 1182(a) of this title (c) Certification of certain helpless aliens If an examining medical officer determines that an alien arriving in the United States is inadmissible, is helpless from sickness, mental or physical disability, or infancy, and is accompanied by another alien whose protection or guardianship may be required, the officer may certify such fact for purposes of applying section 1182(a)(10)(B) of this title ( June 27, 1952, ch. 477 66 Stat. 196 Pub. L. 99500,  101(b) [title II,  206(a), formerly  206] Oct. 18, 1986 100 Stat. 178339 Pub. L. 100525,  4(b)(1) Oct. 24, 1988 102 Stat. 2615 Pub. L. 99591,  101(b) [title II,  206] Oct. 30, 1986 100 Stat. 334139 Pub. L. 100525,  4(b)(2) Oct. 24, 1988 102 Stat. 2615 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009615  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification The text of section 1224 of this title Pub. L. 104208,  308(b)(3)(C) June 27, 1952, ch. 477 66 Stat. 198 Oct. 24, 1988 Pub. L. 100525,  9(k) 102 Stat. 2620 Nov. 29, 1990 Pub. L. 101649, title VI,  603(a)(10) 104 Stat. 5083 Sept. 30, 1996 Pub. L. 104208, div. C, title III 110 Stat. 3009615 Amendments 1996 Pub. L. 104208,  308(b)(2)(B) Pub. L. 104208,  308(b)(2)(A) Subsec. (a). Pub. L. 104208,  308(d)(4)(H) Subsec. (b). Pub. L. 104208,  308(b)(3)(C) section 1224 of this title Subsec. (c). Pub. L. 104208,  308(c)(2)(A) 1988 Pub. L. 100525,  4(b)(1) Pub. L. 99500 1986 Pub. L. 99500,  101(b) [title II,  206(a), formerly  206] Pub. L. 100525,  4(b)(1) Pub. L. 99591,  101(b) [title II,  206] Pub. L. 99500,  101(b) [title II,  206(a)] Pub. L. 100525,  4(d) Oct. 30, 1986 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1988 Amendment Pub. L. 100525,  4(c) Oct. 24, 1988 102 Stat. 2615 The amendments made by subsections (a) and (b) [amending this section and sections 1223, 1227, and 1356 of this title and enacting provisions set out as a note under section 1356 of this title section 101(b) of Public Law 99500  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Designation of United States Military Physicians as Civil Surgeons Pub. L. 102484, div. A, title X,  1079 Oct. 23, 1992 106 Stat. 2514 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622 Notwithstanding any other provision of law, United States military physicians with not less than four years professional experience shall be considered to be civil surgeons for the purpose of the performance of physical examinations required under section 232(b) of the Immigration and Nationality Act ( 8 U.S.C. 1224 8 U.S.C. 1222(b) 8 U.S.C. 1101(a)(27)(K)  1223. Entry through or from foreign territory and adjacent islands (a) Necessity of transportation contract The Attorney General shall have power to enter into contracts with transportation lines for the inspection and admission of aliens coming to the United States from foreign territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General. (b) Landing stations Every transportation line engaged in carrying alien passengers for hire to the United States from foreign territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General. (c) Landing agreements The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under section 1258 of this title (d) Definitions As used in this section the terms transportation line and transportation company include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft or railroad train bringing aliens to the United States, to foreign territory, or to adjacent islands. ( June 27, 1952, ch. 477 66 Stat. 202 Pub. L. 99653,  7(b) Nov. 14, 1986 100 Stat. 3657 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009615  Editorial Notes  References in Text This chapter, referred to in subsec. (c), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was formerly classified to section 1228 of this title Pub. L. 104208 Prior Provisions A prior section 1223, act June 27, 1952, ch. 477, title II 66 Stat. 197 Pub. L. 99500,  101(b) [title II,  206(a), formerly  206] Oct. 18, 1986 100 Stat. 178339 Pub. L. 100525,  4(b)(1) Oct. 24, 1988 102 Stat. 2615 Amendments 1996 Pub. L. 104208,  362(a)(1) Subsec. (a). Pub. L. 104208,  362(a)(2) Pub. L. 104208,  308(f)(4) Subsec. (b). Pub. L. 104208,  362(a)(2) Subsec. (d). Pub. L. 104208,  362(b) Pub. L. 104208,  362(a)(2) 1986 Pub. L. 99653 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(b)(4), (f)(4) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(a) of Pub. L. 99653 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1224. Designation of ports of entry for aliens arriving by aircraft  The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $2,000 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General. ( June 27, 1952, ch. 477 66 Stat. 203 Pub. L. 101649, title V,  543(a)(3) Nov. 29, 1990 104 Stat. 5058 Pub. L. 102232, title III,  306(c)(2) Dec. 12, 1991 105 Stat. 1752 Pub. L. 104208, div. C, title III,  304(a)(1) Sept. 30, 1996 110 Stat. 3009587  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was formerly classified to section 1229 of this title Pub. L. 104208 Prior Provisions A prior section 1224, act June 27, 1952, ch. 477, title II 66 Stat. 198 June 27, 1952 Pub. L. 104208, div. C, title III,  308(b)(3) Sept. 30, 1996 110 Stat. 3009615 section 1222(b) of this title Amendments 1991 Pub. L. 102232 Pub. L. 101649 1990 Pub. L. 101649 Pub. L. 102232 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing (a) Inspection (1) Aliens treated as applicants for admission An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission. (2) Stowaways An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under section 1158 of this title section 1229a of this title (3) Inspection All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers. (4) Withdrawal of application for admission An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States. (5) Statements An applicant for admission may be required to state under oath any information sought by an immigration officer regarding the purposes and intentions of the applicant in seeking admission to the United States, including the applicants intended length of stay and whether the applicant intends to remain permanently or become a United States citizen, and whether the applicant is inadmissible. (b) Inspection of applicants for admission (1) Inspection of aliens arriving in the United States and certain other aliens who have not been admitted or paroled (A) Screening (i) In general If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title, the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 1158 of this title (ii) Claims for asylum If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title and the alien indicates either an intention to apply for asylum under section 1158 of this title (iii) Application to certain other aliens (I) In general The Attorney General may apply clauses (i) and (ii) of this subparagraph to any or all aliens described in subclause (II) as designated by the Attorney General. Such designation shall be in the sole and unreviewable discretion of the Attorney General and may be modified at any time. (II) Aliens described An alien described in this clause is an alien who is not described in subparagraph (F), who has not been admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph. (B) Asylum interviews (i) Conduct by asylum officers An asylum officer shall conduct interviews of aliens referred under subparagraph (A)(ii), either at a port of entry or at such other place designated by the Attorney General. (ii) Referral of certain aliens If the officer determines at the time of the interview that an alien has a credible fear of persecution (within the meaning of clause (v)), the alien shall be detained for further consideration of the application for asylum. (iii) Removal without further review if no credible fear of persecution (I) In general Subject to subclause (III), if the officer determines that an alien does not have a credible fear of persecution, the officer shall order the alien removed from the United States without further hearing or review. (II) Record of determination The officer shall prepare a written record of a determination under subclause (I). Such record shall include a summary of the material facts as stated by the applicant, such additional facts (if any) relied upon by the officer, and the officers analysis of why, in the light of such facts, the alien has not established a credible fear of persecution. A copy of the officers interview notes shall be attached to the written summary. (III) Review of determination The Attorney General shall provide by regulation and upon the aliens request for prompt review by an immigration judge of a determination under subclause (I) that the alien does not have a credible fear of persecution. Such review shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection. Review shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subclause (I). (IV) Mandatory detention Any alien subject to the procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed. (iv) Information about interviews The Attorney General shall provide information concerning the asylum interview described in this subparagraph to aliens who may be eligible. An alien who is eligible for such interview may consult with a person or persons of the aliens choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process. (v) Credible fear of persecution defined For purposes of this subparagraph, the term credible fear of persecution means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the aliens claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 1158 of this title (C) Limitation on administrative review Except as provided in subparagraph (B)(iii)(III), a removal order entered in accordance with subparagraph (A)(i) or (B)(iii)(I) is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order under subparagraph (A)(i) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28 section 1157 of this title section 1158 of this title (D) Limit on collateral attacks In any action brought against an alien under section 1325(a) of this title section 1326 of this title (E) Asylum officer defined As used in this paragraph, the term asylum officer means an immigration officer who (i) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 1158 of this title (ii) is supervised by an officer who meets the condition described in clause (i) and has had substantial experience adjudicating asylum applications. (F) Exception Subparagraph (A) shall not apply to an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations and who arrives by aircraft at a port of entry. (G) Commonwealth of the Northern Mariana Islands Nothing in this subsection shall be construed to authorize or require any person described in section 1158(e) of this title section 1158 of this title January 1, 2014 (2) Inspection of other aliens (A) In general Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title (B) Exception Subparagraph (A) shall not apply to an alien (i) who is a crewman, (ii) to whom paragraph (1) applies, or (iii) who is a stowaway. (C) Treatment of aliens arriving from contiguous territory In the case of an alien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 1229a of this title (3) Challenge of decision The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien whose privilege to be admitted is so challenged, before an immigration judge for a proceeding under section 1229a of this title (c) Removal of aliens inadmissible on security and related grounds (1) Removal without further hearing If an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title (A) order the alien removed, subject to review under paragraph (2); (B) report the order of removal to the Attorney General; and (C) not conduct any further inquiry or hearing until ordered by the Attorney General. (2) Review of order (A) The Attorney General shall review orders issued under paragraph (1). (B) If the Attorney General (i) is satisfied on the basis of confidential information that the alien is inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title (ii) after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security, the Attorney General may order the alien removed without further inquiry or hearing by an immigration judge. (C) If the Attorney General does not order the removal of the alien under subparagraph (B), the Attorney General shall specify the further inquiry or hearing that shall be conducted in the case. (3) Submission of statement and information The alien or the aliens representative may submit a written statement and additional information for consideration by the Attorney General. (d) Authority relating to inspections (1) Authority to search conveyances Immigration officers are authorized to board and search any vessel, aircraft, railway car, or other conveyance or vehicle in which they believe aliens are being brought into the United States. (2) Authority to order detention and delivery of arriving aliens Immigration officers are authorized to order an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States (A) to detain the alien on the vessel or at the airport of arrival, and (B) to deliver the alien to an immigration officer for inspection or to a medical officer for examination. (3) Administration of oath and consideration of evidence The Attorney General and any immigration officer shall have power to administer oaths and to take and consider evidence of or from any person touching the privilege of any alien or person he believes or suspects to be an alien to enter, reenter, transit through, or reside in the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service. (4) Subpoena authority (A) The Attorney General and any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service, and to that end may invoke the aid of any court of the United States. (B) Any United States district court within the jurisdiction of which investigations or inquiries are being conducted by an immigration officer may, in the event of neglect or refusal to respond to a subpoena issued under this paragraph or refusal to testify before an immigration officer, issue an order requiring such persons to appear before an immigration officer, produce books, papers, and documents if demanded, and testify, and any failure to obey such order of the court may be punished by the court as a contempt thereof. ( June 27, 1952, ch. 477 66 Stat. 198 Pub. L. 101649, title VI,  603(a)(11) Nov. 29, 1990 104 Stat. 5083 Pub. L. 104132, title IV Apr. 24, 1996 110 Stat. 1270 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009579 Pub. L. 110229, title VII,  702(j)(5) May 8, 2008 122 Stat. 867  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1) and (d)(3), (4)(A), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2008Subsec. (b)(1)(G). Pub. L. 110229 1996 Pub. L. 104208,  302(a) Pub. L. 104208,  371(b)(4) Subsec. (b). Pub. L. 104132,  422(a) Pub. L. 104208,  308(d)(5) Subsec. (d). Pub. L. 104132,  423(b) section 1326 of this title 1990Subsec. (c). Pub. L. 101649 section 1182(a)(3) of this title section 1182(a) of this title Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110229 section 1806 of Title 48 section 705(b) of Pub. L. 110229 section 1806 of Title 48 Effective Date of 1996 Amendments Amendment by section 302(a) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  308(d)(5) Sept. 30, 1996 110 Stat. 3009619 Apr. 24, 1996 Amendment by section 371(b)(4) of Pub. L. 104208 Sept. 30, 1996 section 371(d)(1) of Pub. L. 104208 section 1101 of this title Pub. L. 104132, title IV,  422(c) Apr. 24, 1996 110 Stat. 1272 section 422 of Pub. L. 104132 section 1227 of this title Apr. 24, 1996 Pub. L. 104208, div. C, title III,  308(d)(5) Sept. 30, 1996 110 Stat. 3009619 Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Construction of 1996 Amendment Pub. L. 104208, div. C, title III,  308(d)(5) Sept. 30, 1996 110 Stat. 3009619 Effective as of the date of the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 [ Pub. L. 104132 Apr. 24, 1996 section 1227 of this title 8 U.S.C. 1101  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title GAO Study on Operation of Expedited Removal Procedures Pub. L. 104208, div. C, title III,  302(b) Sept. 30, 1996 110 Stat. 3009584 Sept. 30, 1996 References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1225a. Preinspection at foreign airports (a) Establishment of preinspection stations (1)  New stations Subject to paragraph (5), not later than October 31, 1998 September 30, 1996 (2)  Report Not later than October 31, 1998 (3)  Data collection Not later than November 1, 1997 (A) the foreign airports which served as last points of departure for aliens who arrived by air at United States ports of entry without valid documentation during the preceding fiscal years; (B) the number and nationality of such aliens arriving from each such foreign airport; and (C) the primary routes such aliens followed from their country of origin to the United States. (4) Subject to paragraph (5), not later than January 1, 2008 September 30, 1996 (5)  Conditions Prior to the establishment of a preinspection station, the Attorney General, in consultation with the Secretary of State, shall ensure that (A) employees of the United States stationed at the preinspection station and their accompanying family members will receive appropriate protection; (B) such employees and their families will not be subject to unreasonable risks to their welfare and safety; and (C) the country in which the preinspection station is to be established maintains practices and procedures with respect to asylum seekers and refugees in accordance with the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951 January 31, 1967 (b) Establishment of carrier consultant program and immigration security initiative The Secretary of Homeland Security shall assign additional immigration officers to assist air carriers in the detection of fraudulent documents at foreign airports which, based on the records maintained pursuant to subsection (a)(3), served as a point of departure for a significant number of arrivals at United States ports of entry without valid documentation, but where no preinspection station exists. Beginning not later than December 31, 2006 ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title I,  123(a) Sept. 30, 1996 110 Stat. 3009560 Pub. L. 108458, title VII Dec. 17, 2004 118 Stat. 3817  Editorial Notes Codification September 30, 1996 Pub. L. 104208 Amendments 2004Subsec. (a)(4). Pub. L. 108458,  7210(d)(1) Additional stations October 31, 2000 September 30, 1996 Subsec. (b). Pub. L. 108458,  7206(a) December 31, 2006 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Exchange of Terrorist Information and Increased Preinspection at Foreign Airports Pub. L. 108458, title VII,  7210(a) Dec. 17, 2004 118 Stat. 3824  (a)  Findings Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) The exchange of terrorist information with other countries, consistent with privacy requirements, along with listings of lost and stolen passports, will have immediate security benefits. (2) The further away from the borders of the United States that screening occurs, the more security benefits the United States will gain. (b)  Sense of Congress It is the sense of Congress that (1) the Federal Government should exchange terrorist information with trusted allies; (2) the Federal Government should move toward real-time verification of passports with issuing authorities; (3) where practicable, the Federal Government should conduct screening before a passenger departs on a flight destined for the United States; (4) the Federal Government should work with other countries to ensure effective inspection regimes at all airports; (5) the Federal Government should work with other countries to improve passport standards and provide foreign assistance to countries that need help making the transition to the global standard for identification; and (6) the Department of Homeland Security, in coordination with the Department of State and other Federal agencies, should implement the initiatives called for in this subsection.  1226. Apprehension and detention of aliens (a) Arrest, detention, and release On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General (1) may continue to detain the arrested alien; and (2) may release the alien on (A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or (B) conditional parole; but (3) may not provide the alien with work authorization (including an employment authorized endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization. (b) Revocation of bond or parole The Attorney General at any time may revoke a bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain the alien. (c) Detention of criminal aliens (1) Custody The Attorney General shall take into custody any alien who (A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title (B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title, (C) is deportable under section 1227(a)(2)(A)(i) of this title 1 1 (D) is inadmissible under section 1182(a)(3)(B) of this title section 1227(a)(4)(B) of this title when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. (2) Release The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of title 18 (d) Identification of criminal aliens (1) The Attorney General shall devise and implement a system (A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens; (B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and (C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed. (2) The record under paragraph (1)(C) shall be made available (A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and (B) to officials of the Department of State for use in its automated visa lookout system. (3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution. (e) Judicial review The Attorney Generals discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole. ( June 27, 1952, ch. 477 66 Stat. 200 Pub. L. 101649, title V,  504(b) Nov. 29, 1990 104 Stat. 5050 Pub. L. 102232, title III,  306(a)(5) Dec. 12, 1991 105 Stat. 1751 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009585  Editorial Notes Amendments 1996 Pub. L. 104208,  303(a) section 1225 of this title Subsecs. (a) to (d). Pub. L. 104208,  371(b)(5) 1991Subsec. (e)(1). Pub. L. 102232 1990Subsec. (d). Pub. L. 101649,  603(a)(12) section 1182(a) of this title section 1182(a)(6) of this title section 1182(a) of this title section 1182(a)(6) of this title section 1183 of this title Subsec. (e). Pub. L. 101649,  504(b) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. C, title III,  303(b) Sept. 30, 1996 110 Stat. 3009586  (1)  In general The amendment made by subsection (a) [amending this section] shall become effective on the title IIIA effective date [see section 309 of Pub. L. 104208 section 1101 of this title (2)  Notification regarding custody If the Attorney General, not later than 10 days after the date of the enactment of this Act [ Sept. 30, 1996 8 U.S.C. 1226(c) section 440(c) of Public Law 104132 section 1252 of this title Oct. 9, 1996 (3)  Transition period custody rules. (A)  In general During the period in which this paragraph is in effect pursuant to paragraph (2), the Attorney General shall take into custody any alien who (i) has been convicted of an aggravated felony (as defined under section 101(a)(43) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(43) (ii) is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such Act [ 8 U.S.C. 1182(a)(2) (iii) is deportable by reason of having committed any offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of such Act [former 8 U.S.C. 1251(a)(2)(A)(ii) (iv) is inadmissible under section 212(a)(3)(B) of such Act or deportable under section 241(a)(4)(B) of such Act (before redesignation under this subtitle), when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. (B)  Release The Attorney General may release the alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and (i) the alien was lawfully admitted to the United States and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding, or (ii) the alien was not lawfully admitted to the United States, cannot be removed because the designated country of removal will not accept the alien, and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. Amendment by section 371(b)(5) of Pub. L. 104208 Sept. 30, 1996 section 371(d)(1) of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by section 603(a)(12) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Identification of Certain Deportable Aliens Awaiting Arraignment Pub. L. 105141 Dec. 5, 1997 111 Stat. 2647  SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT. (a)  Establishment of Program Not later than 6 months after the date of the enactment of this Act [ Dec. 5, 1997 (1) Aliens unlawfully present in the United States. (2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act [ 8 U.S.C. 1227(a)(2) (b)  Description of Program The program authorized by subsection (a) shall include (1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and (2) provision of funds sufficient to provide for (A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment; (B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and (C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Services intention to remove the alien from the United States. (c)  Selection of Facilities. (1)  In general The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements: (A) The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C). (B) Such government has submitted a request for such selection to the Attorney General. (C) The facility is located (i) in a county that is determined by the Attorney General to have a high concentration of aliens described in subsection (a); or (ii) in a city, town, or other analogous local political subdivision, that is determined by the Attorney General to have a high concentration of such aliens (but only in the case of a facility that is not located in a county). (D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges. (2)  Number of qualifying subdivisions For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following: (A) For fiscal year 1999, not less than 10 and not more than 25. (B) For fiscal year 2000, not less than 25 and not more than 50. (C) For fiscal year 2001, not more than 75. (D) For fiscal year 2002, not more than 100. (E) For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts. (3)  Facilities in interior states For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in States that are not contiguous to a land border. (4)  Treatment of certain facilities All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program. SEC. 2. STUDY AND REPORT. Not later than 1 year after the date of the enactment of this Act [ Dec. 5, 1997 (1) the assignment of a single Immigration and Naturalization Service employee to more than 1 incarceration facility; and (2) the development of a system to permit the Attorney General to conduct off-site verification, by computer or other electronic means, of the immigration status of individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges. Criminal Alien Tracking Center Pub. L. 103322, title XIII,  130002 Sept. 13, 1994 108 Stat. 2023 Pub. L. 104132, title IV,  432 Apr. 24, 1996 110 Stat. 1273 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009623  (a)  Operation and Purpose The Commissioner of Immigration and Naturalization shall, under the authority of section 236(d) of the Immigration and Nationality Act [ 8 U.S.C. 1226(d) 8 U.S.C. 1325 (b)  Authorization of Appropriations There are authorized to be appropriated to carry out this section (1) $3,400,000 for fiscal year 1996; and (2) $5,000,000 for each of fiscal years 1997 through 2001.  1226a. Mandatory detention of suspected terrorists; habeas corpus; judicial review (a) Detention of terrorist aliens (1) Custody The Attorney General shall take into custody any alien who is certified under paragraph (3). (2) Release Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate. (3) Certification The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien (A) is described in section 1182(a)(3)(A)(i), 1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i), 1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or (B) is engaged in any other activity that endangers the national security of the United States. (4) Nondelegation The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority. (5) Commencement of proceedings The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien. (6) Limitation on indefinite detention An alien detained solely under paragraph (1) who has not been removed under section 1231(a)(1)(A) of this title (7) Review of certification The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney Generals discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request. (b) Habeas corpus and judicial review (1) In general Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6)) is available exclusively in habeas corpus proceedings consistent with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision. (2) Application (A) In general Notwithstanding any other provision of law, including section 2241(a) of title 28 (i) the Supreme Court; (ii) any justice of the Supreme Court; (iii) any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or (iv) any district court otherwise having jurisdiction to entertain it. (B) Application transfer Section 2241(b) of title 28 (3) Appeals Notwithstanding any other provision of law, including section 2253 of title 28 (4) Rule of decision The law applied by the Supreme Court and the United States Court of Appeals for the District of Columbia Circuit shall be regarded as the rule of decision in habeas corpus proceedings described in paragraph (1). (c) Statutory construction The provisions of this section shall not be applicable to any other provision of this chapter. ( June 27, 1952, ch. 477 Pub. L. 10756, title IV,  412(a) Oct. 26, 2001 115 Stat. 350  Editorial Notes  References in Text This chapter, referred to in subsec. (c), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Reports Pub. L. 10756, title IV,  412(c) Oct. 26, 2001 115 Stat. 352  Not later than 6 months after the date of the enactment of this Act [ Oct. 26, 2001 (1) the number of aliens certified under section 236A(a)(3) of the Immigration and Nationality Act [ 8 U.S.C. 1226a(a)(3) (2) the grounds for such certifications; (3) the nationalities of the aliens so certified; (4) the length of the detention for each alien so certified; and (5) the number of aliens so certified who (A) were granted any form of relief from removal; (B) were removed; (C) the Attorney General has determined are no longer aliens who may be so certified; or (D) were released from detention.  1227. Deportable aliens (a) Classes of deportable aliens Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens: (1) Inadmissible at time of entry or of adjustment of status or violates status (A) Inadmissible aliens Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable. (B) Present in violation of law Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title (C) Violated nonimmigrant status or condition of entry (i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title (ii) Violators of conditions of entry Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title (D) Termination of conditional permanent residence (i) In general Any alien with permanent resident status on a conditional basis under section 1186a of this title section 1186b of this title (ii) Exception Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (E) Smuggling (i) In general Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) 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 deportable. (ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988 section 1153(a)(2) of this title May 5, 1988 (iii) Waiver authorized 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) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the aliens spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (F) Repealed. Pub. L. 104208, div. C, title VI,  671(d)(1)(C) Sept. 30, 1996 110 Stat. 3009723 (G) Marriage fraud An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182(a)(6)(C)(i) of this title (i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or (ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the aliens marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the aliens admission as an immigrant. (H) Waiver authorized for certain misrepresentations The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182(a)(6)(C)(i) of this title (i) (I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and (II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title (ii) is a VAWA self-petitioner. A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation. (2) Criminal offenses (A) General crimes (i) Crimes of moral turpitude Any alien who (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable. (ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable. (iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable. (iv) High speed flight Any alien who is convicted of a violation of section 758 of title 18 (v) Failure to register as a sex offender Any alien who is convicted under section 2250 of title 18 (vi) Waiver authorized Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. (B) Controlled substances (i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21 (ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable. (C) Certain firearm offenses Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18 (D) Miscellaneous crimes Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate (i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed; (ii) any offense under section 871 or 960 of title 18; (iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 50 U.S.C. 4301 (iv) a violation of section 1185 or 1328 of this title, is deportable. (E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and (i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term crime of domestic violence means any crime of violence (as defined in section 16 of title 18 (ii) Violators of protection orders Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding. (F) Trafficking Any alien described in section 1182(a)(2)(H) of this title (3) Failure to register and falsification of documents (A) Change of address An alien who has failed to comply with the provisions of section 1305 of this title (B) Failure to register or falsification of documents Any alien who at any time has been convicted (i) under section 1306(c) of this title (ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 (iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 is deportable. (C) Document fraud (i) In general An alien who is the subject of a final order for violation of section 1324c of this title (ii) Waiver authorized The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 1324c of this title (D) Falsely claiming citizenship (i) In general Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title (ii) Exception In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation. (4) Security and related grounds (A) In general Any alien who has engaged, is engaged, or at any time after admission engages 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 criminal activity which endangers public safety or national security, 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 deportable. (B) Terrorist activities Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title (C) Foreign policy (i) In general An alien whose presence or 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 deportable. (ii) Exceptions The exceptions described in clauses (ii) and (iii) of section 1182(a)(3)(C) of this title section 1182(a)(3)(C)(i) of this title (D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing Any alien described in clause (i), (ii), or (iii) of section 1182(a)(3)(E) of this title (E) Participated in the commission of severe violations of religious freedom Any alien described in section 1182(a)(2)(G) of this title (F) Recruitment or use of child soldiers Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 (5) Public charge Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable. (6) Unlawful voters (A) In general Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable. (B) Exception In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation. (7) Waiver for victims of domestic violence (A) In general The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship (i)  1 1 (I) the alien was acting is 2 2 (II) the alien was found to have violated a protection order intended to protect the alien; or (III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime (aa) that did not result in serious bodily injury; and (bb) where there was a connection between the crime and the aliens having been battered or subjected to extreme cruelty. (B) Credible evidence considered In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. (b) Deportation of certain nonimmigrants An alien, admitted as a nonimmigrant under the provisions of either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a). (c) Waiver of grounds for deportation Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182(a) of this title section 1101(a)(27)(J) of this title (d) Administrative stay (1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101(a)(15) of this title section 1231(c)(2) of this title (A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or (B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals. (2) The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States. (3) During any period in which the administrative stay of removal is in effect, the alien shall not be removed. (4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection. ( June 27, 1952, ch. 477 66 Stat. 204 July 18, 1956, ch. 629 70 Stat. 575 Pub. L. 86648,  9 July 14, 1960 74 Stat. 505 Pub. L. 87301,  16 Sept. 26, 1961 75 Stat. 655 Pub. L. 89236,  11(e) Oct. 3, 1965 79 Stat. 918 Pub. L. 94571,  7(e) Oct. 20, 1976 90 Stat. 2706 Pub. L. 95549, title I,  103 Oct. 30, 1978 92 Stat. 2065 Pub. L. 97116,  8 Dec. 29, 1981 95 Stat. 1616 Pub. L. 99570, title I,  1751(b) Oct. 27, 1986 100 Stat. 320747 Pub. L. 99603, title III,  303(b) Nov. 6, 1986 100 Stat. 3431 Pub. L. 99639,  2(b) Nov. 10, 1986 100 Stat. 3541 Pub. L. 99653,  7(c) Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2613 Pub. L. 100690, title VII Nov. 18, 1988 102 Stat. 4470 Pub. L. 101649, title I,  153(b) Nov. 29, 1990 104 Stat. 5006 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1745 Pub. L. 103322, title XIII,  130003(d) Sept. 13, 1994 108 Stat. 2026 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4311 Pub. L. 104132, title IV Apr. 24, 1996 110 Stat. 1270 Pub. L. 104208, div. C, title I,  108(c) Sept. 30, 1996 110 Stat. 3009558 Pub. L. 106386, div. B, title V,  1505(b)(1) Oct. 28, 2000 114 Stat. 1525 Pub. L. 106395, title II,  201(c)(1) Oct. 30, 2000 114 Stat. 1634 Pub. L. 10756, title IV,  411(b)(1) Oct. 26, 2001 115 Stat. 348 Pub. L. 108458, title V Dec. 17, 2004 118 Stat. 3736 Pub. L. 10913, div. B, title I,  105(a)(1) May 11, 2005 119 Stat. 309 Pub. L. 109248, title IV,  401 July 27, 2006 120 Stat. 622 Pub. L. 109271,  6(c) Aug. 12, 2006 120 Stat. 763 Pub. L. 110340,  2(c) Oct. 3, 2008 122 Stat. 3736 Pub. L. 110457, title II Dec. 23, 2008 122 Stat. 5060  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(1)(B), (G), (3)(D)(i), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 301 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is section 301 of Pub. L. 101649 section 1255a of this title Section 112 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is section 112 of Pub. L. 101649 section 1153 of this title The Military Selective Service Act, referred to in subsec. (a)(2)(D)(iii), is act June 24, 1948, ch. 625 62 Stat. 604 The Trading With the Enemy Act, referred to in subsec. (a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106 40 Stat. 411 The Alien Registration Act, 1940, referred to in subsec. (a)(3)(B)(i), is act June 28, 1940, ch. 439 54 Stat. 670 section 457(c) of this title June 27, 1952 The Foreign Agents Registration Act of 1938, referred to in subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327 52 Stat. 631 section 611 of Title 22 Section was formerly classified to section 1251 of this title Pub. L. 104208 Prior Provisions A prior section 1227, acts June 27, 1952, ch. 477 66 Stat. 201 Dec. 29, 1981 Pub. L. 97116,  7 95 Stat. 1615 Oct. 18, 1986 Pub. L. 99500,  101(b) [title II,  206(b)(2)] Oct. 24, 1988 Pub. L. 100525,  4(b)(4) 102 Stat. 2615 Oct. 24, 1988 Pub. L. 100525,  9 l 102 Stat. 2620 Nov. 29, 1990 Pub. L. 101649, title V,  543(a)(2) 104 Stat. 5057 Dec. 12, 1991 Pub. L. 102232, title III,  306(c)(4)(B) 105 Stat. 1752 Apr. 24, 1996 Pub. L. 104132, title IV,  422(b) 110 Stat. 1272 Sept. 30, 1996 Pub. L. 104208, div. C, title III,  308(d)(5) 110 Stat. 3009619 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009597 Sept. 30, 1996 section 1231 of this title Amendments 2008Subsec. (a)(2)(F). Pub. L. 110457,  222(f)(2) Subsec. (a)(4)(F). Pub. L. 110340 Subsec. (d). Pub. L. 110457,  204 2006Subsec. (a)(1)(H)(ii). Pub. L. 109271 section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title Subsec. (a)(2)(A)(v), (vi). Pub. L. 109248 2005Subsec. (a)(4)(B). Pub. L. 10913,  105(a)(1) section 1182(a)(3)(B)(iv) of this title Subsec. (a)(4)(E). Pub. L. 10913,  105(b) Pub. L. 108458,  5402 2004Subsec. (a)(1)(B). Pub. L. 108458,  5304(b) section 1201(i) of this title Subsec. (a)(4)(D). Pub. L. 108458,  5501(b) Subsec. (a)(4)(E). Pub. L. 108458,  5502(b) Pub. L. 108458,  5402 Pub. L. 10913,  105(b) 2001Subsec. (a)(4)(B). Pub. L. 10756 section 1182(a)(3)(B)(iv) of this title section 1182(a)(3)(B)(iii) of this title 2000Subsec. (a)(1)(H). Pub. L. 106386,  1505(c)(2) Subsec. (a)(3)(D). Pub. L. 106395,  201(c)(2) section 1324a of this title Subsec. (a)(6). Pub. L. 106395,  201(c)(1) Subsec. (a)(7). Pub. L. 106386,  1505(b)(1) 1996Subsec. (a). Pub. L. 104208,  308(e)(2)(C) Pub. L. 104208,  301(d)(1) Subsec. (a)(1). Pub. L. 104208,  301(d)(2) Subsec. (a)(1)(A). Pub. L. 104208 Pub. L. 104208,  301(d)(2) Subsec. (a)(1)(B). Pub. L. 104208,  301(d)(4) Subsec. (a)(1)(E)(iii). Pub. L. 104208,  351(b) Subsec. (a)(1)(F). Pub. L. 104208,  671(d)(1)(C) section 1161 of this title section 1161(d)(5)(A) of this title Subsec. (a)(1)(G). Pub. L. 104208,  308(f)(1)(L) Subsec. (a)(1)(H). Pub. L. 104208,  308(f)(5) Pub. L. 104208,  308(f)(1)(M) Pub. L. 104208,  308(e)(1)(E) Pub. L. 104208,  308(d)(2)(A) Subsec. (a)(2)(A)(i)(I). Pub. L. 104208,  671(a)(4)(B) Pub. L. 104208,  308(f)(1)(N) Subsec. (a)(2)(A)(i)(II). Pub. L. 104132,  435(a) Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104208,  308(f)(1)(N) Subsec. (a)(2)(A)(iv). Pub. L. 104208,  108(c)(2) Subsec. (a)(2)(A)(v). Pub. L. 104208,  108(c)(3) Pub. L. 104208,  108(c)(1) Subsec. (a)(2)(B). Pub. L. 104208,  308(f)(1)(N) Subsec. (a)(2)(C). Pub. L. 104208,  308(f)(1)(N) Subsec. (a)(2)(E). Pub. L. 104208,  350(a) Subsec. (a)(2)(E)(i), (ii). Pub. L. 104208,  308(f)(1)(N) Subsec. (a)(3)(C). Pub. L. 104208,  345(b) section 1324c of this title Subsec. (a)(3)(D). Pub. L. 104208,  344(b) Subsec. (a)(4)(A), (B). Pub. L. 104208,  308(f)(1)(N) Subsec. (a)(4)(C)(ii). Pub. L. 104208,  308(d)(2)(B) Subsec. (a)(6). Pub. L. 104208,  347(b) Subsec. (c). Pub. L. 104208,  308(d)(2)(C) Subsec. (d). Pub. L. 104208,  308(d)(2)(D) section 1225 of this title Pub. L. 104132,  414(a) 1994Subsec. (a)(2)(A)(i)(I). Pub. L. 103322 section 1255(i) of this title Subsec. (a)(2)(C). Pub. L. 103416,  203(b)(1) Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103416,  203(b)(2) Subsec. (c). Pub. L. 103416,  219(g) 1991Subsec. (a). Pub. L. 102232,  307(h)(1) Subsec. (a)(1)(D)(i). Pub. L. 102232,  307(h)(2) Subsec. (a)(1)(E)(i). Pub. L. 102232,  307(h)(3) Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102232,  307(h)(4) Subsec. (a)(1)(G). Pub. L. 102232,  307(h)(5) Subsec. (a)(1)(H). Pub. L. 102232,  307(h)(6) Subsec. (a)(2)(D). Pub. L. 102232,  307(h)(7) Subsec. (a)(3)(C). Pub. L. 102232,  307(h)(8) Subsec. (a)(4)(A), (B). Pub. L. 102232,  307(h)(9) Subsec. (a)(4)(C). Pub. L. 102232,  307(h)(10) Subsec. (c). Pub. L. 102232,  307(k)(2) Subsec. (d). Pub. L. 102232,  307(k)(1) Subsec. (h). Pub. L. 102232,  307(k)(2) Pub. L. 102232,  302(d)(3) 1990Subsec. (a). Pub. L. 101649,  602(a) Pub. L. 101649,  544(b) section 1324c of this title Pub. L. 101649,  508(a) Subsec. (b). Pub. L. 101649,  602(b) Pub. L. 101649,  505(a) Subsec. (c). Pub. L. 101649,  602(b)(1) Subsec. (e). Pub. L. 101649,  602(b)(2)(B) Subsecs. (f), (g). Pub. L. 101649,  602(b)(1) Subsec. (h). Pub. L. 101649,  153(b)(2) section 1182(a) of this title section 1101(a)(27)(J) of this title Pub. L. 101649,  153(b)(1) 1988Subsec. (a)(4). Pub. L. 100690,  7344(a) Subsec. (a)(14). Pub. L. 100690 section 921(a) of title 18 Subsec. (a)(17). Pub. L. 100525,  9(m) Subsec. (a)(20). Pub. L. 100525,  2(n)(2) 1986Subsec. (a)(9). Pub. L. 99639,  2(b)(1) Subsec. (a)(10). Pub. L. 99653 section 1228(a) of this title section 1101(a)(27)(A) of this title Subsec. (a)(11). Pub. L. 99570 section 802 of title 21 Subsec. (a)(20). Pub. L. 99603 Subsec. (g). Pub. L. 99639,  2(b)(2) 1981Subsec. (f). Pub. L. 97116 1978Subsec. (a)(19). Pub. L. 95549 1976Subsec. (a)(10). Pub. L. 94571 section 1101(a)(27)(A) of this title section 1101(a)(27)(A) of this title section 1101(a)(27)(B) of this title 1965Subsec. (a)(10). Pub. L. 89236 section 1101(a)(27)(A) of this title section 1101(a)(27)(C) of this title 1961Subsec. (f). Pub. L. 87301 1960Subsec. (a)(11). Pub. L. 86648 1956Subsec. (a)(11). Act July 18, 1956 Subsec. (b). Act July 18, 1956 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110340 Oct. 3, 2008 section 3(c) of Pub. L. 111122 section 1182 of this title Effective Date of 2005 Amendment Pub. L. 10913, div. B, title I,  105(a)(2) May 11, 2005 119 Stat. 309  The amendment made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this division [ May 11, 2005 8 U.S.C. 1227(a)(4)(B) (A) removal proceedings instituted before, on, or after the date of the enactment of this division [ May 11, 2005 (B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. Pub. L. 10913, div. B, title I,  105(b) May 11, 2005 119 Stat. 310 Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108458 Dec. 17, 2004 8 U.S.C. 1101 Effective Date of 2004 Amendment Amendment by section 5304(b) of Pub. L. 108458 Dec. 17, 2004 section 5304(d) of Pub. L. 108458 section 1155 of this title Amendment by section 5501(b) of Pub. L. 108458 Dec. 17, 2004 section 5501(c) of Pub. L. 108458 section 1182 of this title Effective Date of 2001 Amendment Amendment by Pub. L. 10756 Oct. 26, 2001 Oct. 26, 2001 section 411(c) of Pub. L. 10756 section 1182 of this title Effective Date of 2000 Amendment Pub. L. 106395, title II,  201(c)(3) Oct. 30, 2000 114 Stat. 1635 The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104208 110 Stat. 3009638 September 30, 1996 Public Law 104208 110 Stat. 3009637 September 30, 1996 8 U.S.C. 1101 September 30, 1996 Effective Date of 1996 Amendments Amendment by sections 301(d), 305(a)(2), and 308(d)(2)(A)(C), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)(N), (5) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  308(d)(2)(D) Sept. 30, 1996 110 Stat. 3009617 Sept. 30, 1996 Amendment by section 344(b) of Pub. L. 104208 Sept. 30, 1996 section 344(c) of Pub. L. 104208 section 1182 of this title Amendment by section 347(b) of Pub. L. 104208 Sept. 30, 1996 section 347(c) of Pub. L. 104208 section 1182 of this title Pub. L. 104208, div. C, title III,  350(b) Sept. 30, 1996 110 Stat. 3009640 The amendment made by subsection (a) [amending this section] shall apply to convictions, or violations of court orders, occurring after the date of the enactment of this Act [ Sept. 30, 1996 Amendment by section 351(b) of Pub. L. 104208 Sept. 30, 1996 Sept. 30, 1996 section 351(c) of Pub. L. 104208 section 1182 of this title Amendment by section 671(a)(4)(B) of Pub. L. 104208 Pub. L. 103322 section 671(a)(7) of Pub. L. 104208 section 1101 of this title Pub. L. 104132, title IV,  414(b) Apr. 24, 1996 110 Stat. 1270 The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act [ Apr. 24, 1996 Pub. L. 104132, title IV,  435(b) Apr. 24, 1996 110 Stat. 1275 The amendment made by subsection (a) [amending this section] shall apply to aliens against whom deportation proceedings are initiated after the date of the enactment of this Act [ Apr. 24, 1996 Effective Date of 1994 Amendment Amendment by section 203(b) of Pub. L. 103416 Oct. 25, 1994 section 203(c) of Pub. L. 103416 section 1182 of this title Amendment by section 219(g) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Amendment by sections 302(d)(3), 307(h) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  307(k) Dec. 12, 1991 105 Stat. 1756 Pub. L. 101649 Effective Date of 1990 Amendment Amendment by section 153(b)(1) of Pub. L. 101649 Nov. 29, 1990 section 161(b) of Pub. L. 101649 section 1101 of this title Pub. L. 101649, title I,  153(b)(2) Nov. 29, 1990 104 Stat. 5006 section 153(b)(1) of Pub. L. 101649 section 602 of Pub. L. 101649 section 602(d) of Pub. L. 101649 Pub. L. 101649, title V,  505(b) Nov. 29, 1990 104 Stat. 5050 The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  508(b) Nov. 29, 1990 104 Stat. 5051 The amendment made by subsection (a) [amending this section] shall apply to convictions occurring on or after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  544(d) Nov. 29, 1990 104 Stat. 5061 Pub. L. 102232, title III,  306(c)(5)(B) Dec. 12, 1991 105 Stat. 1752 The amendments made by this section [enacting section 1324c of this title Nov. 29, 1990 Pub. L. 101649, title VI,  602(d) Nov. 29, 1990 104 Stat. 5082 The amendments made by this section, and by section 603(b) of this Act [amending this section, sections 1161, 1252, 1253, and 1254 of this title, and section 402 of Title 42 March 1, 1991 Effective Date of 1988 Amendments Pub. L. 100690, title VII,  7344(b) Nov. 18, 1988 102 Stat. 4471 The amendments made by subsection (a) [amending this section] shall apply to any alien who has been convicted, on or after the date of the enactment of this Act [ Nov. 18, 1988 Pub. L. 100690, title VII,  7348(b) Nov. 18, 1988 102 Stat. 4473 The amendment made by subsection (a) [amending this section] shall apply to any alien convicted, on or after the date of the enactment of this Act [ Nov. 18, 1988 Amendment by section 2(n)(2) of Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Effective Date of 1986 Amendments Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(a) of Pub. L. 99653 section 1101 of this title Amendment by Pub. L. 99570 Oct. 27, 1986 section 1751(c) of Pub. L. 99570 section 1182 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title Effective Date of 1956 Amendment Amendment by act July 18, 1956 July 19, 1956 July 18, 1956 Savings Provision Pub. L. 101649, title VI,  602(c) Nov. 29, 1990 104 Stat. 5081 Notwithstanding the amendments made by this section [amending this section], any alien who was deportable because of a conviction (before the date of the enactment of this Act [ Nov. 29, 1990 8 U.S.C. 1227  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Report on Criminal Aliens Pub. L. 101649, title V,  510 Nov. 29, 1990 104 Stat. 5051 Pub. L. 102232, title III,  306(a)(8) Dec. 12, 1991 105 Stat. 1751 Dec. 1, 1991  1228. Expedited removal of aliens convicted of committing aggravated felonies (a) Removal of criminal aliens (1) In general The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title section 1227(a)(2)(A)(i) of this title section 1229a of this title (2) Implementation With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to section 1226(c) of this title section 1362 of this title (3) Expedited proceedings (A) Notwithstanding any other provision of law, the Attorney General shall provide for the initiation and, to the extent possible, the completion of removal proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the aliens release from incarceration for the underlying aggravated felony. (B) Nothing in this section shall be construed as requiring the Attorney General to effect the removal of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined. (4) Review (A) The Attorney General shall review and evaluate removal proceedings conducted under this section. (B) The Comptroller General shall monitor, review, and evaluate removal proceedings conducted under this section. Within 18 months after the effective date of this section, the Comptroller General shall submit a report to such Committees concerning the extent to which removal proceedings conducted under this section may adversely affect the ability of such aliens to contest removal effectively. (b) Removal of aliens who are not permanent residents (1) The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien under section 1227(a)(2)(A)(iii) of this title section 1229a of this title (2) An alien is described in this paragraph if the alien (A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; or (B) had permanent resident status on a conditional basis (as described in section 1186a of this title (3) The Attorney General may not execute any order described in paragraph (1) until 14 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 1252 of this title (4) Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the Attorney General shall prescribe. The Attorney General shall provide that (A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); (B) the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; (C) the alien has a reasonable opportunity to inspect the evidence and rebut the charges; (D) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; (E) a record is maintained for judicial review; and (F) the final order of removal is not adjudicated by the same person who issues the charges. (5) No alien described in this section shall be eligible for any relief from removal that the Attorney General may grant in the Attorney Generals discretion. (c)  1 1 An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States. (c)  1 (1) Authority Notwithstanding any other provision of this chapter, a United States district court shall have jurisdiction to enter a judicial order of removal at the time of sentencing against an alien who is deportable, if such an order has been requested by the United States Attorney with the concurrence of the Commissioner and if the court chooses to exercise such jurisdiction. (2) Procedure (A) The United States Attorney shall file with the United States district court, and serve upon the defendant and the Service, prior to commencement of the trial or entry of a guilty plea a notice of intent to request judicial removal. (B) Notwithstanding section 1252b 2 2 section 1227(a)(2)(A) of this title (C) If the court determines that the defendant has presented substantial evidence to establish prima facie eligibility for relief from removal under this chapter, the Commissioner shall provide the court with a recommendation and report regarding the aliens eligibility for relief. The court shall either grant or deny the relief sought. (D) (i) The alien shall have a reasonable opportunity to examine the evidence against him or her, to present evidence on his or her own behalf, and to cross-examine witnesses presented by the Government. (ii) The court, for the purposes of determining whether to enter an order described in paragraph (1), shall only consider evidence that would be admissible in proceedings conducted pursuant to section 1229a of this title (iii) Nothing in this subsection shall limit the information a court of the United States may receive or consider for the purposes of imposing an appropriate sentence. (iv) The court may order the alien removed if the Attorney General demonstrates that the alien is deportable under this chapter. (3) Notice, appeal, and execution of judicial order of removal (A) (i) A judicial order of removal or denial of such order may be appealed by either party to the court of appeals for the circuit in which the district court is located. (ii) Except as provided in clause (iii), such appeal shall be considered consistent with the requirements described in section 1252 of this title (iii) Upon execution by the defendant of a valid waiver of the right to appeal the conviction on which the order of removal is based, the expiration of the period described in section 1252(b)(1) of this title (B) As soon as is practicable after entry of a judicial order of removal, the Commissioner shall provide the defendant with written notice of the order of removal, which shall designate the defendants country of choice for removal and any alternate country pursuant to section 1253(a) 2 (4) Denial of judicial order Denial of a request for a judicial order of removal shall not preclude the Attorney General from initiating removal proceedings pursuant to section 1229a of this title section 1227(a) of this title (5) Stipulated judicial order of removal The United States Attorney, with the concurrence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure 11, enter into a plea agreement which calls for the alien, who is deportable under this chapter, to waive the right to notice and a hearing under this section, and stipulate to the entry of a judicial order of removal from the United States as a condition of the plea agreement or as a condition of probation or supervised release, or both. The United States district court, in both felony and misdemeanor cases, and a United States magistrate judge in misdemeanor cases, may accept such a stipulation and shall have jurisdiction to enter a judicial order of removal pursuant to the terms of such stipulation. ( June 27, 1952, ch. 477 Pub. L. 100690, title VII,  7347(a) Nov. 18, 1988 102 Stat. 4471 Pub. L. 101649, title V,  506(a) Nov. 29, 1990 104 Stat. 5050 Pub. L. 102232, title III,  309(b)(10) Dec. 12, 1991 105 Stat. 1759 Pub. L. 103322, title XIII,  130004(a) Sept. 13, 1994 108 Stat. 2026 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4322 Pub. L. 104132, title IV Apr. 24, 1996 110 Stat. 12781280 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009597  Editorial Notes  References in Text For effective date of this section, referred to in subsec. (a)(4)(B), see Effective Date note below. This chapter, referred to in subsec. (c)(1), (2)(C), (D)(iv), (5), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 1252b of this title Pub. L. 104208, div. C, title III,  308(b)(6) Sept. 30, 1996 110 Stat. 3009615 Section 1253 of this title Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612 section 1231(b) of this title Federal Rule of Criminal Procedure 11, referred to in subsec. (c)(5), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. Codification Section was formerly classified to section 1252a of this title Pub. L. 104208 Prior Provisions A prior section 1228, act June 27, 1952, ch. 477, title II 66 Stat. 202 June 27, 1952 Pub. L. 104208, div. C, title III,  308(b)(4) Sept. 30, 1996 110 Stat. 3009615 section 1223 of this title Amendments 1996 Pub. L. 104208,  308(b)(5) Subsec. (a). Pub. L. 104208,  308(e)(10) Subsec. (a)(1). Pub. L. 104208,  308(g)(1) Pub. L. 104208,  308(e)(1)(F) Pub. L. 104208,  308(c)(4)(A) Pub. L. 104208,  308(c)(1)(A) Pub. L. 104132,  440(g)(1)(B) Pub. L. 104132,  440(g)(1)(A) Pub. L. 104208 section 1227(a)(2)(A)(ii) of this title section 1227(a)(2)(A)(i) of this title section 1101(a)(43) of this title Subsec. (a)(2). Pub. L. 104208,  308(c)(1)(B) Pub. L. 104132,  440(g)(2) section 1251(a)(2)(A)(ii) of this title section 1251(a)(2)(A)(i) of this title Pub. L. 104208,  671(c)(6) Subsec. (a)(3), (4). Pub. L. 104208,  308(e)(1)(F) Subsec. (b). Pub. L. 104208,  308(e)(10) Subsec. (b)(1). Pub. L. 104208,  308(g)(5)(C) Pub. L. 104208,  308(e)(1)(F) Pub. L. 104208,  308(c)(1)(C) Subsec. (b)(2)(A). Pub. L. 104132,  442(a)(1)(A) Subsec. (b)(2)(B). Pub. L. 104132,  442(a)(1)(B) Subsec. (b)(3). Pub. L. 104208,  308(g)(2)(A) Pub. L. 104132,  442(a)(2) Subsec. (b)(4)(B). Pub. L. 104132,  442(a)(3) Subsec. (b)(4)(D). Pub. L. 104208,  304(c)(1)(A) (D) such proceedings are conducted in, or translated for the alien into, a language the alien understands; (E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;. Pub. L. 104132,  442(a)(4)(B) Subsec. (b)(4)(E). Pub. L. 104208,  304(c)(1)(C) Pub. L. 104132,  442(a)(4)(B) Subsec. (b)(4)(F). Pub. L. 104208,  308(e)(1)(F) Pub. L. 104208,  304(c)(1)(C) Pub. L. 104132,  442(a)(4)(A) Subsec. (b)(4)(G). Pub. L. 104208,  304(c)(1)(C) Pub. L. 104132,  442(a)(4)(A) Subsec. (b)(5). Pub. L. 104208,  308(e)(1)(F) Pub. L. 104132,  442(a)(5) Subsec. (c). Pub. L. 104208,  671(b)(13) Pub. L. 104208,  308(e)(10) Pub. L. 104132,  442(c) Subsec. (c)(1). Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(2)(A). Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(2)(B). Pub. L. 104208,  308(g)(1) Subsec. (c)(2)(C). Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(2)(D)(ii). Pub. L. 104208,  308(g)(5)(D) Subsec. (c)(2)(D)(iv). Pub. L. 104208,  308(e)(2)(D) Subsec. (c)(3). Pub. L. 104208,  308(e)(10) Subsec. (c)(3)(A)(i). Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(3)(A)(ii). Pub. L. 104208,  308(g)(2)(A) Subsec. (c)(3)(A)(iii). Pub. L. 104208,  308(g)(2)(C) Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(3)(B). Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(4). Pub. L. 104208,  308(g)(5)(A)(ii) Pub. L. 104208,  308(g)(1) Pub. L. 104208,  308(e)(1)(F) Subsec. (c)(5). Pub. L. 104208,  308(e)(10) Pub. L. 104208,  308(e)(1)(F) Subsec. (d). Pub. L. 104208,  671(b)(13) Subsec. (d)(1). Pub. L. 104208,  374(a)(1) section 1251(a)(2)(A) of this title Subsec. (d)(4). Pub. L. 104208,  374(a)(2) Subsec. (d)(5). Pub. L. 104208,  374(a)(3) 1994 Pub. L. 103322,  130004(c)(1) Subsec. (a)(1). Pub. L. 103322,  130004(c)(2) Subsec. (a)(2). Pub. L. 103322,  130004(c)(3) Subsec. (a)(3). Pub. L. 103322,  130004(c)(5) Subsec. (a)(4). Pub. L. 103322,  130004(c)(6) Subsec. (b). Pub. L. 103322,  130004(a) Subsec. (b)(4)(D), (E). Pub. L. 103416,  223(a) Subsec. (c). Pub. L. 103322,  130004(c)(4) Subsec. (d). Pub. L. 103416,  224(a) Pub. L. 103322,  130004(c)(5) Subsec. (e). Pub. L. 103322,  130004(c)(6) 1991Subsec. (a). Pub. L. 102232 1990Subsec. (d)(2). Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendments Pub. L. 104208, div. C, title III,  304(c)(2) Sept. 30, 1996 110 Stat. 3009597 The amendments made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 442(a) of Public Law 104132 Amendment by section 308(b)(5), (c)(1), (4)(A), (e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  306(d) Sept. 30, 1996 110 Stat. 3009612 Pub. L. 104132 Pub. L. 104208, div. C, title III,  374(c) Sept. 30, 1996 110 Stat. 3009648 The amendment made by subsection (a)(2) [amending this section] shall be effective as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994 [ Pub. L. 103416 Amendment by section 671(b)(13) of Pub. L. 104208 Pub. L. 103416 section 671(b)(14) of Pub. L. 104208 section 1101 of this title Amendment by section 671(c)(5), (6) of Pub. L. 104208 Pub. L. 104132 section 671(c)(7) of Pub. L. 104208 section 1189 of this title Pub. L. 104132, title IV,  442(d) Apr. 24, 1996 110 Stat. 1280 The amendments made by this section [amending this section and section 1105a of this title January 1, 1997 Effective Date of 1994 Amendments Amendment by section 224(a) of Pub. L. 103416 Oct. 25, 1994 section 224(c) of Pub. L. 103416 section 1252 of this title Pub. L. 103322, title XIII,  130004(d) Sept. 13, 1994 108 Stat. 2028 The amendments made by this section [amending this section and section 1105a of this title Sept. 13, 1994 Effective Date of 1990 Amendment Pub. L. 101649, title V,  506(b) Nov. 29, 1990 104 Stat. 5050 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 29, 1990 Effective Date Pub. L. 100690, title VII,  7347(c) Nov. 18, 1988 102 Stat. 4472 The amendments made by subsections (a) and (b) [enacting this section and amending section 1105a of this title Nov. 18, 1988  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title Expanded Special Removal Proceedings Pub. L. 103322, title XIII,  130007 Sept. 13, 1994 108 Stat. 2029 Pub. L. 104208, div. C, title III,  308(g)(5)(F) Sept. 30, 1996 110 Stat. 3009623  (a)  In General Subject to the availability of appropriations, the Attorney General may expand the program authorized by section[s] 238(a)(3) and 239(d) of the Immigration and Nationality Act [ 8 U.S.C. 1228(a)(3) (b)  Detention and Removal of Criminal Aliens Subject to the availability of appropriations, the Attorney General may (1) construct or contract for the construction of 2 Immigration and Naturalization Service Processing Centers to detain criminal aliens; and (2) provide for the detention and removal of such aliens. (c)  Report By September 30, 1996 September 30, 1998 (d)  Authorization of Appropriations There are authorized to be appropriated to carry out this section (1) $55,000,000 for fiscal year 1995; (2) $54,000,000 for fiscal year 1996; (3) $49,000,000 for fiscal year 1997; and (4) $2,000,000 for fiscal year 1998.  1229. Initiation of removal proceedings (a) Notice to appear (1) In general In removal proceedings under section 1229a of this title (A) The nature of the proceedings against the alien. (B) The legal authority under which the proceedings are conducted. (C) The acts or conduct alleged to be in violation of law. (D) The charges against the alien and the statutory provisions alleged to have been violated. (E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2). (F) (i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 1229a of this title (ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the aliens address or telephone number. (iii) The consequences under section 1229a(b)(5) of this title (G) (i) The time and place at which the proceedings will be held. (ii) The consequences under section 1229a(b)(5) of this title (2) Notice of change in time or place of proceedings (A) In general In removal proceedings under section 1229a of this title (i) the new time or place of the proceedings, and (ii) the consequences under section 1229a(b)(5) of this title (B) Exception In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F). (3) Central address files The Attorney General shall create a system to record and preserve on a timely basis notices of addresses and telephone numbers (and changes) provided under paragraph (1)(F). (b) Securing of counsel (1) In general In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under section 1229a of this title (2) Current lists of counsel The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in proceedings under section 1229a of this title (3) Rule of construction Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to section 1229a of this title (c) Service by mail Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F). (d) Prompt initiation of removal (1) In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction. (2) Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Certification of compliance with restrictions on disclosure (1) In general In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section 1367 of this title (2) Locations The locations specified in this paragraph are as follows: (A) At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization. (B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (U) of section 1101(a)(15) of this title ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title III,  304(a)(3) Sept. 30, 1996 110 Stat. 3009587 Pub. L. 109162, title VIII,  825(c)(1) Jan. 5, 2006 119 Stat. 3065 Pub. L. 109271,  6(d) Aug. 12, 2006 120 Stat. 763  Editorial Notes Prior Provisions A prior section 1229, act June 27, 1952, ch. 477, title II 66 Stat. 203 June 27, 1952 Pub. L. 104208, div. C, title III,  304(a)(1) Sept. 30, 1996 110 Stat. 3009587 section 1224 of this title Amendments 2006Subsec. (e). Pub. L. 109162 Subsec. (e)(2)(B). Pub. L. 109271 Effective Date of 2006 Amendment Pub. L. 109162, title VIII,  825(c)(2) Jan. 5, 2006 119 Stat. 3065 The amendment made by paragraph (1) [amending this section] shall take effect on the date that is 30 days after the date of the enactment of this Act [ Jan. 5, 2006 Statutory Notes and Related Subsidiaries Effective Date Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Consideration of Military Service in Removal Determinations Pub. L. 11692, div. A, title V,  570B(b) Dec. 20, 2019 133 Stat. 1399  (1)  In general With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether (A) to issue to that individual a notice to appear in removal proceedings, an administrative order of removal, or a reinstatement of a final removal order; and (B) to execute a final order of removal regarding that individual. (2)  Definitions In this subsection: (A) The term evidence of service means evidence that an individual served as a member of the Armed Forces, and the characterization of each period of service of that individual in the Armed Forces. (B) The term immigration officer has the meaning given that term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101  1229a. Removal proceedings (a) Proceeding (1) In general An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien. (2) Charges An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 1182(a) of this title section 1227(a) of this title (3) Exclusive procedures Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 1228 of this title (b) Conduct of proceeding (1) Authority of immigration judge The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judges proper exercise of authority under this chapter. (2) Form of proceeding (A) In general The proceeding may take place (i) in person, (ii) where agreed to by the parties, in the absence of the alien, (iii) through video conference, or (iv) subject to subparagraph (B), through telephone conference. (B) Consent required in certain cases An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the right to proceed in person or through video conference. (3) Presence of alien If it is impracticable by reason of an aliens mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. (4) Aliens rights in proceeding In proceedings under this section, under regulations of the Attorney General (A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the aliens choosing who is authorized to practice in such proceedings, (B) the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the aliens own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the aliens admission to the United States or to an application by the alien for discretionary relief under this chapter, and (C) a complete record shall be kept of all testimony and evidence produced at the proceeding. (5) Consequences of failure to appear (A) In general Any alien who, after written notice required under paragraph (1) or (2) of section 1229(a) of this title section 1229(a)(1)(F) of this title (B) No notice if failure to provide address information No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title (C) Rescission of order Such an order may be rescinded only (i) upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or (ii) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 1229(a) of this title The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge. (D) Effect on judicial review Any petition for review under section 1252 of this title section 1252(b)(5) of this title (E) Additional application to certain aliens in contiguous territory The preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section, including any alien who remains in a contiguous foreign territory pursuant to section 1225(b)(2)(C) of this title (6) Treatment of frivolous behavior The Attorney General shall, by regulation (A) define in a proceeding before an immigration judge or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned, (B) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and (C) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior. Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior. (7) Limitation on discretionary relief for failure to appear Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 1229(a) of this title (c) Decision and burden of proof (1) Decision (A) In general At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States. The determination of the immigration judge shall be based only on the evidence produced at the hearing. (B) Certain medical decisions If a medical officer or civil surgeon or board of medical officers has certified under section 1222(b) of this title section 1182(a) of this title (2) Burden on alien In the proceeding the alien has the burden of establishing (A) if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 1182 of this title (B) by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission. In meeting the burden of proof under subparagraph (B), the alien shall have access to the aliens visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the aliens admission or presence in the United States. (3) Burden on service in cases of deportable aliens (A) In general In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. (B) Proof of convictions In any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction: (i) An official record of judgment and conviction. (ii) An official record of plea, verdict, and sentence. (iii) A docket entry from court records that indicates the existence of the conviction. (iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction. (v) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the States repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence. (vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction. (vii) Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institutions authority to assume custody of the individual named in the record. (C) Electronic records In any proceeding under this chapter, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is (i) certified by a State official associated with the States repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and (ii) certified in writing by a Service official as having been received electronically from the States record repository or the courts record repository. A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity. (4) Applications for relief from removal (A) In general An alien applying for relief or protection from removal has the burden of proof to establish that the alien (i) satisfies the applicable eligibility requirements; and (ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion. (B) Sustaining burden The applicant must comply with the applicable requirements to submit information or documentation in support of the applicants application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicants burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence. (C) Credibility determination Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicants or witnesss account, the consistency between the applicants or witnesss written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicants claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal. (5) Notice If the immigration judge decides that the alien is removable and orders the alien to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties. (6) Motions to reconsider (A) In general The alien may file one motion to reconsider a decision that the alien is removable from the United States. (B) Deadline The motion must be filed within 30 days of the date of entry of a final administrative order of removal. (C) Contents The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority. (7) Motions to reopen (A) In general An alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv). (B) Contents The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material. (C) Deadline (i) In general Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal. (ii) Asylum There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections 1 1 (iii) Failure to appear The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection. (iv) Special rule for battered spouses, children, and parents Any limitation under this section on the deadlines for filing such motions shall not apply (I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of section 1154(a)(1)(A) of this title section 1154(a)(1)(B) of this title 1 section 1229b(b) of this title section 1254(a)(3) of this title March 31, 1997 (II) if the motion is accompanied by a cancellation of removal application to be filed with the Attorney General or by a copy of the self-petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen; (III) if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney Generals discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the aliens child; and (IV) if the alien is physically present in the United States at the time of filing the motion. The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in section 1641(c)(1)(B) of this title 2 2 (d) Stipulated removal The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the aliens representative) and the Service. A stipulated order shall constitute a conclusive determination of the aliens removability from the United States. (e) Definitions In this section and section 1229b of this title (1) Exceptional circumstances The term exceptional circumstances refers to exceptional circumstances (such as battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien. (2) Removable The term removable means (A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title III,  304(a)(3) Sept. 30, 1996 110 Stat. 3009589 Pub. L. 106386, div. B, title V,  1506(c)(1)(A) Oct. 28, 2000 114 Stat. 1528 Pub. L. 10913, div. B, title I,  101(d) May 11, 2005 119 Stat. 304 Pub. L. 109162, title VIII Jan. 5, 2006 119 Stat. 3057  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(3), (b)(1), (4)(B), and (c)(3)(B), (C), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 1254 of this title Pub. L. 104208, div. C, title III,  308(b)(7) Sept. 30, 1996 110 Stat. 3009615 Prior Provisions A prior section 240 of act June 27, 1952 section 1230 of this title Amendments 2006Subsec. (c)(7)(A). Pub. L. 109162,  825(a)(1) Subsec. (c)(7)(C)(iv). Pub. L. 109162,  825(a)(2)(A) Subsec. (c)(7)(C)(iv)(I). Pub. L. 109162,  825(a)(2)(C) section 1229b(b) of this title section 1254(a)(3) of this title March 31, 1997 section 1229b(b) of this title section 1229b(b)(2) of this title Subsec. (c)(7)(C)(iv)(IV). Pub. L. 109162,  825(a)(2)(D) Subsec. (e)(1). Pub. L. 109162,  813(a)(1) 2005Subsec. (c)(4) to (7). Pub. L. 10913 2000Subsec. (c)(6)(C)(iv). Pub. L. 106386 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109162, title VIII,  813(a)(2) Jan. 5, 2006 119 Stat. 3058 The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [ Jan. 5, 2006 Effective Date of 2005 Amendment Amendment by Pub. L. 10913 May 11, 2005 section 101(h)(2) of Pub. L. 10913 section 1158 of this title Effective Date of 2000 Amendment Pub. L. 106386, div. B, title V,  1506(c)(1)(B) Oct. 28, 2000 114 Stat. 1528 The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1229122 Pub. L. 104208 Effective Date Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Subsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after Sept. 30, 1996 section 322(c) of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Elimination of Time Limitations on Motions To Reopen Deportation Proceedings for Victims of Domestic Violence Pub. L. 106386, div. B, title V,  1506(c)(2) Oct. 28, 2000 114 Stat. 1528 Pub. L. 109162, title VIII Jan. 5, 2006 119 Stat. 3058  (A) (i)  In general Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [ 8 U.S.C. 1101 Pub. L. 104208 8 U.S.C. 1101 (I) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) ( 8 U.S.C. 1252b(c)(3) (aa) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A) 8 U.S.C. 1154(a)(1)(B) 8 U.S.C. 1254(a)(3) (bb) if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and (II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7) (ii)  Prima facie case The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641(c)(1)(B) (B)  Applicability Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who (i) are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act [ 8 U.S.C. 1101 8 U.S.C. 1101 (ii) have become eligible to apply for relief described in subparagraph (A)(i) as a result of the amendments made by (I) subtitle G [ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103322 108 Stat. 1953 (II) this title [see Short Title of 2000 Amendment note set out under section 1101 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1229b. Cancellation of removal; adjustment of status (a) Cancellation of removal for certain permanent residents The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien (1) has been an alien lawfully admitted for permanent residence for not less than 5 years, (2) has resided in the United States continuously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony. (b) Cancellation of removal and adjustment of status for certain nonpermanent residents (1) In general The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (B) has been a person of good moral character during such period; (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and (D) establishes that removal would result in exceptional and extremely unusual hardship to the aliens spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. (2) Special rule for battered spouse or child (A) Authority The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that (i) (I) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen (or is the parent of a child of a United States citizen and the child has been battered or subjected to extreme cruelty by such citizen parent); (II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such permanent resident parent); or (III) the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizens or lawful permanent residents bigamy; (ii) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States; (iii) the alien has been a person of good moral character during such period, subject to the provisions of subparagraph (C); (iv) the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title section 1227(a) of this title (v) the removal would result in extreme hardship to the alien, the aliens child, or the aliens parent. (B) Physical presence Notwithstanding subsection (d)(2), for purposes of subparagraph (A)(ii) or for purposes of section 1254(a)(3) of this title section 1254(a)(3) of this title (C) Good moral character Notwithstanding section 1101(f) of this title section 1254(a)(3) of this title (D) Credible evidence considered In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. (3) Recordation of date With respect to aliens who the Attorney General adjusts to the status of an alien lawfully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the aliens lawful admission for permanent residence as of the date of the Attorney Generals cancellation of removal under paragraph (1) or (2). (4) Children of battered aliens and parents of battered alien children (A) In general The Attorney General shall grant parole under section 1182(d)(5) of this title (i) child of an alien granted relief under section 1229b(b)(2) or 1254(a)(3) of this title (as in effect before the title IIIA effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996); or (ii) parent of a child alien granted relief under section 1229b(b)(2) or 1254(a)(3) of this title (as in effect before the title IIIA effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). (B) Duration of parole The grant of parole shall extend from the time of the grant of relief under subsection (b)(2) or section 1254(a)(3) of this title section 1254(a)(3) of this title (5) Application of domestic violence waiver authority The authority provided under section 1227(a)(7) of this title (6) Relatives of trafficking victims (A) In general Upon written request by a law enforcement official, the Secretary of Homeland Security may parole under section 1182(d)(5) of this title section 7105(c)(3)(A) of title 22 (i) was, on the date on which law enforcement applied for such continued presence (I) in the case of an alien granted continued presence who is under 21 years of age, the spouse, child, parent, or unmarried sibling under 18 years of age, of the alien; or (II) in the case of an alien granted continued presence who is 21 years of age or older, the spouse or child of the alien; or (ii) is a parent or sibling of the alien who the requesting law enforcement official, in consultation with the Secretary of Homeland Security, as appropriate, determines to be in present danger of retaliation as a result of the aliens escape from the severe form of trafficking or cooperation with law enforcement, irrespective of age. (B) Duration of parole (i) In general The Secretary may extend the parole granted under subparagraph (A) until the final adjudication of the application filed by the principal alien under section 1101(a)(15)(T)(ii) of this title (ii) Other limits on duration If an application described in clause (i) is not filed, the parole granted under subparagraph (A) may extend until the later of (I) the date on which the principal aliens authority to remain in the United States under section 7105(c)(3)(A) of title 22 (II) the date on which a civil action filed by the principal alien under section 1595 of title 18 (iii) Due diligence Failure by the principal alien to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) of subparagraph (A), or in pursuing the civil action described in clause (ii)(II) (as determined by the Secretary of Homeland Security in consultation with the Attorney General), may result in revocation of parole. (C) Other limitations A relative may not be granted parole under this paragraph if (i) the Secretary of Homeland Security or the Attorney General has reason to believe that the relative was knowingly complicit in the trafficking of an alien permitted to remain in the United States under section 7105(c)(3)(A) of title 22 (ii) the relative is an alien described in paragraph (2) or (3) of section 1182(a) of this title section 1227(a) of this title (c) Aliens ineligible for relief The provisions of subsections (a) and (b)(1) shall not apply to any of the following aliens: (1) An alien who entered the United States as a crewman subsequent to June 30, 1964 (2) An alien who was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101(a)(15)(J) of this title section 1182(e) of this title (3) An alien who (A) was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101(a)(15)(J) of this title (B) is subject to the two-year foreign residence requirement of section 1182(e) of this title (C) has not fulfilled that requirement or received a waiver thereof. (4) An alien who is inadmissible under section 1182(a)(3) of this title section 1227(a)(4) of this title (5) An alien who is described in section 1231(b)(3)(B)(i) of this title (6) An alien whose removal has previously been cancelled under this section or whose deportation was suspended under section 1254(a) of this title section 1182(c) of this title September 30, 1996 (d) Special rules relating to continuous residence or physical presence (1) Termination of continuous period For purposes of this section, any period of continuous residence or continuous physical presence in the United States shall be deemed to end (A) except in the case of an alien who applies for cancellation of removal under subsection (b)(2), when the alien is served a notice to appear under section 1229(a) of this title section 1182(a)(2) of this title section 1182(a)(2) of this title (2) Treatment of certain breaks in presence An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsections (b)(1) and (b)(2) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days. (3) Continuity not required because of honorable service in Armed Forces and presence upon entry into service The requirements of continuous residence or continuous physical presence in the United States under subsections (a) and (b) shall not apply to an alien who (A) has served for a minimum period of 24 months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and (B) at the time of the aliens enlistment or induction was in the United States. (e) Annual limitation (1) Aggregate limitation Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 1254(a) of this title September 30, 1996 section 1254(a) of this title section 1254(a) of this title (2) Fiscal year 1997 For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997 April 1, 1997 (3) Exception for certain aliens Paragraph (1) shall not apply to the following: (A) Aliens described in section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Nicaraguan Adjustment and Central American Relief Act). (B) Aliens in deportation proceedings prior to April 1, 1997 section 1254(a)(3) of this title September 30, 1996 ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title III,  304(a)(3) Sept. 30, 1996 110 Stat. 3009594 Pub. L. 105100, title II,  204(a) Nov. 19, 1997 111 Stat. 2200 Pub. L. 106386, div. B, title V Oct. 28, 2000 114 Stat. 1522 Pub. L. 109162, title VIII Jan. 5, 2006 119 Stat. 3058 Pub. L. 109271,  6(e) Aug. 12, 2006 120 Stat. 763 Pub. L. 110457, title II,  205(b) Dec. 23, 2008 122 Stat. 5062  Editorial Notes  References in Text Section 1254 of this title Pub. L. 104208, div. C, title III,  308(b)(7) Sept. 30, 1996 110 Stat. 3009615 Section 1182(c) of this title Pub. L. 104208, div. C, title III,  304(b) Sept. 30, 1996 110 Stat. 3009597 Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsecs. (b)(2)(B), (C), (4), and (e)(3)(A), is section 309 of title III of div. C of Pub. L. 104208 section 1101 of this title Amendments 2008Subsec. (b)(6). Pub. L. 110457 2006Subsec. (b)(1)(C). Pub. L. 109162,  813(c)(1)(A) section 1227(a)(7) of this title Subsec. (b)(2)(A)(iv). Pub. L. 109162,  813(c)(1)(B) section 1227(a)(7) of this title Subsec. (b)(2)(B). Pub. L. 109162,  822(a)(2) Pub. L. 109162,  822(a)(1) Subsec. (b)(2)(C). Pub. L. 109162,  822(b) Subsec. (b)(4)(B). Pub. L. 109271 Subsec. (b)(5). Pub. L. 109162,  813(c)(1)(C) 2000Subsec. (b)(1)(C). Pub. L. 106386,  1505(b)(2) section 1227(a)(7) of this title Subsec. (b)(2). Pub. L. 106386,  1504(a) (A) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent); (B) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application; (C) the alien has been a person of good moral character during such period; (D) the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title section 1227(a) of this title (E) the removal would result in extreme hardship to the alien, the aliens child, or (in the case of an alien who is a child) to the aliens parent. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. Subsec. (b)(4). Pub. L. 106386,  1504(b) Subsec. (d)(1). Pub. L. 106386,  1506(b)(1) section 1229(a) of this title section 1229(a) of this title 1997Subsec. (b)(1), (2). Pub. L. 105100,  204(b) Subsec. (b)(3). Pub. L. 105100,  204(c) Subsec. (e). Pub. L. 105100,  204(a) section 1254(a) of this title September 30, 1996 section 1254(a) of this title Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106386, div. B, title V,  1504(c) Oct. 28, 2000 114 Stat. 1524 Any individual who becomes eligible for relief by reason of the enactment of the amendments made by subsections (a) and (b) [amending this section], shall be eligible to file a motion to reopen pursuant to section 240(c)(6)(C)(iv) [now 8 U.S.C. 1229a(c)(7)(C)(iv) Public Law 104208 110 Stat. 587 8 U.S.C. 1254(a)(3) Public Law 103322 108 Stat. 1953 Pub. L. 106386, div. B, title V,  1506(b)(2) Oct. 28, 2000 114 Stat. 1527 The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104208 110 Stat. 587 Effective Date of 1997 Amendment Pub. L. 105100, title II,  204(e) Nov. 19, 1997 111 Stat. 2201 The amendments made by this section [amending this section and provisions set out as a note under section 1101 of this title Public Law 104208 110 Stat. 3009546 Effective Date Section effective on the first day of the first month beginning more than 180 days after Sept. 30, 1996 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Discretion To Consent to an Aliens Reapplication for Admission Pub. L. 109162, title VIII,  813(b) Jan. 5, 2006 119 Stat. 3058  (1)  In general The Secretary of Homeland Security, the Attorney General, and the Secretary of State shall continue to have discretion to consent to an aliens reapplication for admission after a previous order of removal, deportation, or exclusion. (2)  Sense of congress It is the sense of Congress that the officials described in paragraph (1) should particularly consider exercising this authority in cases under the Violence Against Women Act of 1994 [ Pub. L. 103322, title IV 8 U.S.C. 1101(a)(15) 8 U.S.C. 1229b(b)(2) 8 U.S.C. 1254(a)(3) March 31, 1997  Definitions For definition of the term removable used in subsec. (d)(1), see section 1229a(e) of this title  1229c. Voluntary departure (a) Certain conditions (1) In general The Attorney General may permit an alien voluntarily to depart the United States at the aliens own expense under this subsection, in lieu of being subject to proceedings under section 1229a of this title section 1227(a)(4)(B) of this title (2) Period (A) In general Subject to subparagraph (B), permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days. (B) Three-year pilot program waiver During the period October 1, 2000 September 30, 2003 (i) who was admitted to the United States as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title section 1187 of this title (I) a detailed diagnosis statement from the physician, which includes the treatment being sought and the expected time period the alien will be required to remain in the United States; (II) a statement from the health care facility containing an assurance that the aliens treatment is not being paid through any Federal or State public health assistance, that the aliens account has no outstanding balance, and that such facility will notify the Service when the alien is released or treatment is terminated; and (III) evidence of financial ability to support the aliens day-to-day expenses while in the United States (including the expenses of any family member described in clause (ii)) and evidence that any such alien or family member is not receiving any form of public assistance; or (ii) who (I) is a spouse, parent, brother, sister, son, daughter, or other family member of a principal alien described in clause (i); and (II) entered the United States accompanying, and with the same status as, such principal alien. (C) Waiver limitations (i) Waivers under subparagraph (B) may be granted only upon a request submitted by a Service district office to Service headquarters. (ii) Not more than 300 waivers may be granted for any fiscal year for a principal alien under subparagraph (B)(i). (iii) (I) Except as provided in subclause (II), in the case of each principal alien described in subparagraph (B)(i) not more than one adult may be granted a waiver under subparagraph (B)(ii). (II) Not more than two adults may be granted a waiver under subparagraph (B)(ii) in a case in which (aa) the principal alien described in subparagraph (B)(i) is a dependent under the age of 18; or (bb) one such adult is age 55 or older or is physically handicapped. (D) Report to Congress; suspension of waiver authority (i) Not later than March 30 of each year, the Commissioner shall submit to the Congress an annual report regarding all waivers granted under subparagraph (B) during the preceding fiscal year. (ii) Notwithstanding any other provision of law, the authority of the Attorney General under subparagraph (B) shall be suspended during any period in which an annual report under clause (i) is past due and has not been submitted. (3) Bond The Attorney General may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified. (4) Treatment of aliens arriving in the United States In the case of an alien who is arriving in the United States and with respect to whom proceedings under section 1229a of this title section 1225(a)(4) of this title (b) At conclusion of proceedings (1) In general The Attorney General may permit an alien voluntarily to depart the United States at the aliens own expense if, at the conclusion of a proceeding under section 1229a of this title (A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 1229(a) of this title (B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the aliens application for voluntary departure; (C) the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of this title (D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so. (2) Period Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 60 days. (3) Bond An alien permitted to depart voluntarily under this subsection shall be required to post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. (c) Aliens not eligible The Attorney General shall not permit an alien to depart voluntarily under this section if the alien was previously permitted to so depart after having been found inadmissible under section 1182(a)(6)(A) of this title (d) Civil penalty for failure to depart (1) In general Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien (A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and (B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections 1229b, 1255, 1258, and 1259 of this title. (2) Application of VAWA protections The restrictions on relief under paragraph (1) shall not apply to relief under section 1229b or 1255 of this title on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section 1229b(b)(2) of this title section 1254(a)(3) of this title March 31, 1997 (3) Notice of penalties The order permitting an alien to depart voluntarily shall inform the alien of the penalties under this subsection. (e) Additional conditions The Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection. (f) Judicial review No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure under subsection (b), nor shall any court order a stay of an aliens removal pending consideration of any claim with respect to voluntary departure. ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title III,  304(a)(3) Sept. 30, 1996 110 Stat. 3009596 Pub. L. 106406,  2 Nov. 1, 2000 114 Stat. 1755 Pub. L. 109162, title VIII,  812 Jan. 5, 2006 119 Stat. 3057  Editorial Notes  References in Text Section 1254 of this title Pub. L. 104208, div. C, title III,  308(b)(7) Sept. 30, 1996 110 Stat. 3009615 Amendments 2006Subsec. (d). Pub. L. 109162 2000Subsec. (a)(2). Pub. L. 106406 Statutory Notes and Related Subsidiaries Effective Date Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1230. Records of admission (a) The Attorney General shall cause to be filed, as a record of admission of each immigrant, the immigrant visa required by section 1201(e) of this title (b) The Attorney General shall cause to be filed such record of the admission into the United States of each immigrant admitted under section 1181(b) of this title ( June 27, 1952, ch. 477 66 Stat. 204 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009587  Editorial Notes Amendments 1996Subsec. (b). Pub. L. 104208,  308(f)(1)(K) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1231. Detention and removal of aliens ordered removed (a) Detention, release, and removal of aliens ordered removed (1) Removal period (A) In general Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the removal period). (B) Beginning of period The removal period begins on the latest of the following: (i) The date the order of removal becomes administratively final. (ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the courts final order. (iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement. (C) Suspension of period The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the aliens departure or conspires or acts to prevent the aliens removal subject to an order of removal. (2) Detention During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title. (3) Supervision after 90-day period If the alien does not leave or is not removed within the removal period, the alien, pending removal, shall be subject to supervision under regulations prescribed by the Attorney General. The regulations shall include provisions requiring the alien (A) to appear before an immigration officer periodically for identification; (B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States Government; (C) to give information under oath about the aliens nationality, circumstances, habits, associations, and activities, and other information the Attorney General considers appropriate; and (D) to obey reasonable written restrictions on the aliens conduct or activities that the Attorney General prescribes for the alien. (4) Aliens imprisoned, arrested, or on parole, supervised release, or probation (A) In general Except as provided in section 259(a) 1 1 2 2 (B) Exception for removal of nonviolent offenders prior to completion of sentence of imprisonment The Attorney General is authorized to remove an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprisonment (i) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title 3 3 (ii) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense described in section 1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best interest of the State, and (III) submits a written request to the Attorney General that such alien be so removed. (C) Notice Any alien removed pursuant to this paragraph shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens removed under subparagraph (B). (D) No private right No cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien. (5) Reinstatement of removal orders against aliens illegally reentering If the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry. (6) Inadmissible or criminal aliens An alien ordered removed who is inadmissible under section 1182 of this title (7) Employment authorization No alien ordered removed shall be eligible to receive authorization to be employed in the United States unless the Attorney General makes a specific finding that (A) the alien cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien, or (B) the removal of the alien is otherwise impracticable or contrary to the public interest. (b) Countries to which aliens may be removed (1) Aliens arriving at the United States Subject to paragraph (3) (A) In general Except as provided by subparagraphs (B) and (C), an alien who arrives at the United States and with respect to whom proceedings under section 1229a of this title (B) Travel from contiguous territory If the alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous to the United States, an island adjacent to the United States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, removal shall be to the country in which the alien boarded the vessel that transported the alien to the territory or island. (C) Alternative countries If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that countrys territory, removal shall be to any of the following countries, as directed by the Attorney General: (i) The country of which the alien is a citizen, subject, or national. (ii) The country in which the alien was born. (iii) The country in which the alien has a residence. (iv) A country with a government that will accept the alien into the countrys territory if removal to each country described in a previous clause of this subparagraph is impracticable, inadvisable, or impossible. (2) Other aliens Subject to paragraph (3) (A) Selection of country by alien Except as otherwise provided in this paragraph (i) any alien not described in paragraph (1) who has been ordered removed may designate one country to which the alien wants to be removed, and (ii) the Attorney General shall remove the alien to the country the alien so designates. (B) Limitation on designation An alien may designate under subparagraph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island adjacent to a foreign territory contiguous to the United States as the place to which the alien is to be removed only if the alien is a native, citizen, subject, or national of, or has resided in, that designated territory or island. (C) Disregarding designation The Attorney General may disregard a designation under subparagraph (A)(i) if (i) the alien fails to designate a country promptly; (ii) the government of the country does not inform the Attorney General finally, within 30 days after the date the Attorney General first inquires, whether the government will accept the alien into the country; (iii) the government of the country is not willing to accept the alien into the country; or (iv) the Attorney General decides that removing the alien to the country is prejudicial to the United States. (D) Alternative country If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a country of which the alien is a subject, national, or citizen unless the government of the country (i) does not inform the Attorney General or the alien finally, within 30 days after the date the Attorney General first inquires or within another period of time the Attorney General decides is reasonable, whether the government will accept the alien into the country; or (ii) is not willing to accept the alien into the country. (E) Additional removal countries If an alien is not removed to a country under the previous subparagraphs of this paragraph, the Attorney General shall remove the alien to any of the following countries: (i) The country from which the alien was admitted to the United States. (ii) The country in which is located the foreign port from which the alien left for the United States or for a foreign territory contiguous to the United States. (iii) A country in which the alien resided before the alien entered the country from which the alien entered the United States. (iv) The country in which the alien was born. (v) The country that had sovereignty over the aliens birthplace when the alien was born. (vi) The country in which the aliens birthplace is located when the alien is ordered removed. (vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this subparagraph, another country whose government will accept the alien into that country. (F) Removal country when United States is at war When the United States is at war and the Attorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney General may remove the alien (i) to the country that is host to a government in exile of the country of which the alien is a citizen or subject if the government of the host country will permit the aliens entry; or (ii) if the recognized government of the country of which the alien is a citizen or subject is not in exile, to a country, or a political or territorial subdivision of a country, that is very near the country of which the alien is a citizen or subject, or, with the consent of the government of the country of which the alien is a citizen or subject, to another country. (3) Restriction on removal to a country where aliens life or freedom would be threatened (A) In general Notwithstanding paragraphs (1) and (2), the Attorney General may not remove an alien to a country if the Attorney General decides that the aliens life or freedom would be threatened in that country because of the aliens race, religion, nationality, membership in a particular social group, or political opinion. (B) Exception Subparagraph (A) does not apply to an alien deportable under section 1227(a)(4)(D) of this title (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individuals race, religion, nationality, membership in a particular social group, or political opinion; (ii) the alien, having been convicted by a final judgment of a particularly serious crime is a danger to the community of the United States; (iii) there are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States before the alien arrived in the United States; or (iv) there are reasonable grounds to believe that the alien is a danger to the security of the United States. For purposes of clause (ii), an alien who has been convicted of an aggravated felony (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted of a particularly serious crime. For purposes of clause (iv), an alien who is described in section 1227(a)(4)(B) of this title (C) Sustaining burden of proof; credibility determinations In determining whether an alien has demonstrated that the aliens life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether the alien has sustained the aliens burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section 1158(b)(1)(B) of this title (c) Removal of aliens arriving at port of entry (1) Vessels and aircraft An alien arriving at a port of entry of the United States who is ordered removed either without a hearing under section 1225(b)(1) or 1225(c) of this title or pursuant to proceedings under section 1229a of this title (A) it is impracticable to remove the alien on one of those vessels or aircraft within a reasonable time, or (B) the alien is a stowaway (i) who has been ordered removed in accordance with section 1225(a)(1) of this title (ii) who has requested asylum, and (iii) whose application has not been adjudicated or whose asylum application has been denied but who has not exhausted all appeal rights. (2) Stay of removal (A) In general The Attorney General may stay the removal of an alien under this subsection if the Attorney General decides that (i) immediate removal is not practicable or proper; or (ii) the alien is needed to testify in the prosecution of a person for a violation of a law of the United States or of any State. (B) Payment of detention costs During the period an alien is detained because of a stay of removal under subparagraph (A)(ii), the Attorney General may pay from the appropriation Immigration and Naturalization ServiceSalaries and Expenses (i) the cost of maintenance of the alien; and (ii) a witness fee of $1 a day. (C) Release during stay The Attorney General may release an alien whose removal is stayed under subparagraph (A)(ii) on (i) the aliens filing a bond of at least $500 with security approved by the Attorney General; (ii) condition that the alien appear when required as a witness and for removal; and (iii) other conditions the Attorney General may prescribe. (3) Costs of detention and maintenance pending removal (A) In general Except as provided in subparagraph (B) and subsection (d), 4 4 (i) while the alien is detained under subsection (d)(1), and (ii) in the case of an alien who is a stowaway, while the alien is being detained pursuant to (I) subsection (d)(2)(A) or (d)(2)(B)(i), (II) subsection (d)(2)(B)(ii) or (iii) for the period of time reasonably necessary for the owner to arrange for repatriation or removal of the stowaway, including obtaining necessary travel documents, but not to extend beyond the date on which it is ascertained that such travel documents cannot be obtained from the country to which the stowaway is to be returned, or (III)  section 1225(b)(1)(B)(ii) of this title (B) Nonapplication Subparagraph (A) shall not apply if (i) the alien is a crewmember; (ii) the alien has an immigrant visa; (iii) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States and applies for admission not later than 120 days after the date the visa or documentation was issued; (iv) the alien has a reentry permit and applies for admission not later than 120 days after the date of the aliens last inspection and admission; (v) (I) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States or a reentry permit; (II) the alien applies for admission more than 120 days after the date the visa or documentation was issued or after the date of the last inspection and admission under the reentry permit; and (III) the owner of the vessel or aircraft satisfies the Attorney General that the existence of the condition relating to inadmissibility could not have been discovered by exercising reasonable care before the alien boarded the vessel or aircraft; or (vi) the individual claims to be a national of the United States and has a United States passport. (d) Requirements of persons providing transportation (1) Removal at time of arrival An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States shall (A) receive an alien back on the vessel or aircraft or another vessel or aircraft owned or operated by the same interests if the alien is ordered removed under this part; and (B) take the alien to the foreign country to which the alien is ordered removed. (2) Alien stowaways An owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in the United States with an alien stowaway (A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an immigration officer; (B) may not permit the stowaway to land in the United States, except pursuant to regulations of the Attorney General temporarily (i) for medical treatment, (ii) for detention of the stowaway by the Attorney General, or (iii) for departure or removal of the stowaway; and (C) if ordered by an immigration officer, shall remove the stowaway on the vessel or aircraft or on another vessel or aircraft. The Attorney General shall grant a timely request to remove the stowaway under subparagraph (C) on a vessel or aircraft other than that on which the stowaway arrived if the requester has obtained any travel documents necessary for departure or repatriation of the stowaway and removal of the stowaway will not be unreasonably delayed. (3) Removal upon order An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel, aircraft, or other transportation line shall comply with an order of the Attorney General to take on board, guard safely, and transport to the destination specified any alien ordered to be removed under this chapter. (e) Payment of expenses of removal (1) Costs of removal at time of arrival In the case of an alien who is a stowaway or who is ordered removed either without a hearing under section 1225(a)(1) 5 5 section 1229a of this title (A) pay the cost from the appropriation Immigration and Naturalization ServiceSalaries and Expenses; and (B) recover the amount of the cost in a civil action from the owner, agent, or consignee of the vessel or aircraft (if any) on which the alien arrived in the United States. (2) Costs of removal to port of removal for aliens admitted or permitted to land In the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien to the port of removal shall be at the expense of the appropriation for the enforcement of this chapter. (3) Costs of removal from port of removal for aliens admitted or permitted to land (A) Through appropriation Except as provided in subparagraph (B), in the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien from the port of removal shall be at the expense of the appropriation for the enforcement of this chapter. (B) Through owner (i) In general In the case of an alien described in clause (ii), the cost of removal of the alien from the port of removal may be charged to any owner of the vessel, aircraft, or other transportation line by which the alien came to the United States. (ii) Aliens described An alien described in this clause is an alien who (I) is admitted to the United States (other than lawfully admitted for permanent residence) and is ordered removed within 5 years of the date of admission based on a ground that existed before or at the time of admission, or (II) is an alien crewman permitted to land temporarily under section 1282 of this title (C) Costs of removal of certain aliens granted voluntary departure In the case of an alien who has been granted voluntary departure under section 1229c of this title (f) Aliens requiring personal care during removal (1) In general If the Attorney General believes that an alien being removed requires personal care because of the aliens mental or physical condition, the Attorney General may employ a suitable person for that purpose who shall accompany and care for the alien until the alien arrives at the final destination. (2) Costs The costs of providing the service described in paragraph (1) shall be defrayed in the same manner as the expense of removing the accompanied alien is defrayed under this section. (g) Places of detention (1) In general The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the Attorney General may expend from the appropriation Immigration and Naturalization ServiceSalaries and Expenses, without regard to section 6101 of title 41 (2) Detention facilities of the Immigration and Naturalization Service Prior to initiating any project for the construction of any new detention facility for the Service, the Commissioner shall consider the availability for purchase or lease of any existing prison, jail, detention center, or other comparable facility suitable for such use. (h) Statutory construction Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (i) Incarceration (1) If the chief executive officer of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the incarceration of an undocumented criminal alien submits a written request to the Attorney General, the Attorney General shall, as determined by the Attorney General (A) enter into a contractual arrangement which provides for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration of the undocumented criminal alien; or (B) take the undocumented criminal alien into the custody of the Federal Government and incarcerate the alien. (2) Compensation under paragraph (1)(A) shall be the average cost of incarceration of a prisoner in the relevant State as determined by the Attorney General. (3) For purposes of this subsection, the term undocumented criminal alien means an alien who (A) has been convicted of a felony or two or more misdemeanors; and (B) (i) entered the United States without inspection or at any time or place other than as designated by the Attorney General; (ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State or a political subdivision of the State; or (iii) was admitted as a nonimmigrant and at the time he or she was taken into custody by the State or a political subdivision of the State has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title (4) (A) In carrying out paragraph (1), the Attorney General shall give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies. (B) The Attorney General shall ensure that undocumented criminal aliens incarcerated in Federal facilities pursuant to this subsection are held in facilities which provide a level of security appropriate to the crimes for which they were convicted. (5) There are authorized to be appropriated to carry out this subsection (A) $750,000,000 for fiscal year 2006; (B) $850,000,000 for fiscal year 2007; and (C) $950,000,000 for each of the fiscal years 2008 through 2011. (6) Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes. ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009598 Pub. L. 107273, div. C, title I,  11014 Nov. 2, 2002 116 Stat. 1824 Pub. L. 10913, div. B, title I,  101(c) May 11, 2005 119 Stat. 303 Pub. L. 109162, title XI,  1196(a) Jan. 5, 2006 119 Stat. 3130  Editorial Notes  References in Text Section 259 of title 42 Pub. L. 106310, div. B, title XXXIV,  3405(a) Oct. 17, 2000 114 Stat. 1221 This chapter, referred to in subsecs. (a)(4)(B), (5), (d)(3), and (e)(2), (3)(A), (C), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification In subsec. (g)(1),  section 6101 of title 41 41 U.S.C. 5 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 The text of subsec. (j) of section 1252 of this title Pub. L. 104208,  306(a)(1) act June 27, 1952, ch. 477, title II Sept. 13, 1994 Pub. L. 103322, title II,  20301(a) 108 Stat. 1823 Prior Provisions A prior section 241 of act June 27, 1952 section 1227 of this title Amendments 2006Subsec. (i)(5). Pub. L. 109162,  1196(a) Subsec. (i)(6). Pub. L. 109162,  1196(b) 2005Subsec. (b)(3)(C). Pub. L. 10913 2002Subsec. (i)(5). Pub. L. 107273 1996Subsec. (i). Pub. L. 104208,  306(a)(1) section 1252 of this title Subsec. (i)(3)(A). Pub. L. 104208,  328(a)(1)(A) Subsec. (i)(6). Pub. L. 104208,  328(a)(1)(B) Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109162, title XI,  1196(d) Pub. L. 109271,  8(n)(6) Aug. 12, 2006 120 Stat. 768 The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 2006 Effective Date of 2005 Amendment Amendment by Pub. L. 10913 May 11, 2005 section 101(h)(2) of Pub. L. 10913 section 1158 of this title Effective Date of 1996 Amendment Amendment by section 306(a)(1) of Pub. L. 104208 section 309 of Pub. L. 104208 section 306(c) of Pub. L. 104208 section 1252 of this title Pub. L. 104208, div. C, title III,  328(a)(2) Sept. 30, 1996 110 Stat. 3009630 The amendment made by paragraph (1) [amending this section] shall apply beginning with fiscal year 1997. Effective Date Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title United States Policy With Respect to Involuntary Return of Persons in Danger of Subjection to Torture Pub. L. 105277, div. G Oct. 21, 1998 112 Stat. 2681822  (a)  Policy It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. (b)  Regulations Not later than 120 days after the date of enactment of this Act [ Oct. 21, 1998 (c)  Exclusion of Certain Aliens To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(B) (d)  Review and Construction Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 (e)  Authority To Detain Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (f)  Definitions. (1)  Convention defined In this section, the term Convention means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984 (2)  Same terms as in the convention Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title Pilot Program on Use of Closed Military Bases for Detention of Inadmissible or Deportable Aliens Pub. L. 104208, div. C, title III,  387 Sept. 30, 1996 110 Stat. 3009655  (a)  Establishment The Attorney General and the Secretary of Defense shall establish one or more pilot programs for up to 2 years each to determine the feasibility of the use of military bases, available because of actions under a base closure law, as detention centers by the Immigration and Naturalization Service. In selecting real property at a military base for use as a detention center under the pilot program, the Attorney General and the Secretary shall consult with the redevelopment authority established for the military base and give substantial deference to the redevelopment plan prepared for the military base. (b)  Report Not later than 30 months after the date of the enactment of this Act [ Sept. 30, 1996 (c)  Definition For purposes of this section, the term base closure law means each of the following: (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101510 10 U.S.C. 2687 (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100526 10 U.S.C. 2687 (3)  Section 2687 of title 10 (4) Any other similar law enacted after the date of the enactment of this Act [ Sept. 30, 1996 Interior Repatriation Program Pub. L. 104208, div. C, title III,  388 Sept. 30, 1996 110 Stat. 3009655 Not later than 30 months after the date of the enactment of this Act [ Sept. 30, 1996 Public Law 104132 Pub. L. 104132, title IV,  437 Apr. 24, 1996 110 Stat. 1275 Not later than 180 days after the date of enactment of this Act [ Apr. 24, 1996 Termination of Limitation Pub. L. 103322, title II,  20301(c) Sept. 13, 1994 108 Stat. 1824 Pub. L. 104208, div. C, title III,  308(g)(5)(G) Sept. 30, 1996 110 Stat. 3009623 Oct. 1, 2004 Pub. L. 109162, title XI,  1172(c) Jan. 5, 2006 119 Stat. 3123  1232. Enhancing efforts to combat the trafficking of children (a) Combating child trafficking at the border and ports of entry of the United States (1) Policies and procedures In order to enhance the efforts of the United States to prevent trafficking in persons, the Secretary of Homeland Security, in conjunction with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their country of nationality or of last habitual residence. (2) Special rules for children from contiguous countries (A) Determinations Any unaccompanied alien child who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B), if the Secretary of Homeland Security determines, on a case-by-case basis, that (i) such child has not been a victim of a severe form of trafficking in persons, and there is no credible evidence that such child is at risk of being trafficked upon return to the childs country of nationality or of last habitual residence; (ii) such child does not have a fear of returning to the childs country of nationality or of last habitual residence owing to a credible fear of persecution; and (iii) the child is able to make an independent decision to withdraw the childs application for admission to the United States. (B) Return An immigration officer who finds an unaccompanied alien child described in subparagraph (A) at a land border or port of entry of the United States and determines that such child is inadmissible under the Immigration and Nationality Act ( 8 U.S.C. 1101 (i) permit such child to withdraw the childs application for admission pursuant to section 235(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1225(a)(4) (ii) return such child to the childs country of nationality or country of last habitual residence. (C) Contiguous country agreements The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States with respect to the repatriation of children. Such agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a minimum, provide that (i) no child shall be returned to the childs country of nationality or of last habitual residence unless returned to appropriate employees or officials, including child welfare officials where available, of the accepting countrys government; (ii) no child shall be returned to the childs country of nationality or of last habitual residence outside of reasonable business hours; and (iii) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements. (3) Rule for other children The custody of unaccompanied alien children not described in paragraph (2)(A) who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b). (4) Screening Within 48 hours of the apprehension of a child who is believed to be described in paragraph (2)(A), but in any event prior to returning such child to the childs country of nationality or of last habitual residence, the child shall be screened to determine whether the child meets the criteria listed in paragraph (2)(A). If the child does not meet such criteria, or if no determination can be made within 48 hours of apprehension, the child shall immediately be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b). Nothing in this paragraph may be construed to preclude an earlier transfer of the child. (5) Ensuring the safe repatriation of children (A) Repatriation pilot program To protect children from trafficking and exploitation, the Secretary of State shall create a pilot program, in conjunction with the Secretary of Health and Human Services and the Secretary of Homeland Security, nongovernmental organizations, and other national and international agencies and experts, to develop and implement best practices to ensure the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence, including placement with their families, legal guardians, or other sponsoring agencies. (B) Assessment of country conditions The Secretary of Homeland Security shall consult the Department of States Country Reports on Human Rights Practices and the Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child to a particular country. (C) Report on repatriation of unaccompanied alien children Not later than 18 months after December 23, 2008 (i) the number of unaccompanied alien children ordered removed and the number of such children actually removed from the United States; (ii) a statement of the nationalities, ages, and gender of such children; (iii) a description of the policies and procedures used to effect the removal of such children from the United States and the steps taken to ensure that such children were safely and humanely repatriated to their country of nationality or of last habitual residence, including a description of the repatriation pilot program created pursuant to subparagraph (A); (iv) a description of the type of immigration relief sought and denied to such children; (v) any information gathered in assessments of country and local conditions pursuant to paragraph (2); and (vi) statistical information and other data on unaccompanied alien children as provided for in section 279(b)(1)(J) of title 6 (D) Placement in removal proceedings Any unaccompanied alien child sought to be removed by the Department of Homeland Security, except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), shall be (i) placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (ii) eligible for relief under section 240B of such Act ( 8 U.S.C. 1229c (iii) provided access to counsel in accordance with subsection (c)(5). (b) Combating child trafficking and exploitation in the United States (1) Care and custody of unaccompanied alien children Consistent with section 279 of title 6 (2) Notification Each department or agency of the Federal Government shall notify the Department of Health and Human services 1 1 (A) the apprehension or discovery of an unaccompanied alien child; or (B) any claim or suspicion that an alien in the custody of such department or agency is under 18 years of age. (3) Transfers of unaccompanied alien children Except in the case of exceptional circumstances, any department or agency of the Federal Government that has an unaccompanied alien child in custody shall transfer the custody of such child to the Secretary of Health and Human Services not later than 72 hours after determining that such child is an unaccompanied alien child. (4) Age determinations The Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall develop procedures to make a prompt determination of the age of an alien, which shall be used by the Secretary of Homeland Security and the Secretary of Health and Human Services for children in their respective custody. At a minimum, these procedures shall take into account multiple forms of evidence, including the non-exclusive use of radiographs, to determine the age of the unaccompanied alien. (c) Providing safe and secure placements for children (1) Policies and programs The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs. (2) Safe and secure placements (A) Minors in department of health and human services custody Subject to section 279(b)(2) of title 6 8 U.S.C. 1522(d) (B) Aliens transferred from Department of Health and Human Services to Department of Homeland Security custody If a minor described in subparagraph (A) reaches 18 years of age and is transferred to the custody of the Secretary of Homeland Security, the Secretary shall consider placement in the least restrictive setting available after taking into account the aliens danger to self, danger to the community, and risk of flight. Such aliens shall be eligible to participate in alternative to detention programs, utilizing a continuum of alternatives based on the aliens need for supervision, which may include placement of the alien with an individual or an organizational sponsor, or in a supervised group home. (3) Safety and suitability assessments (A) In general Subject to the requirements of subparagraph (B), an unaccompanied alien child may not be placed with a person or entity unless the Secretary of Health and Human Services makes a determination that the proposed custodian is capable of providing for the childs physical and mental well-being. Such determination shall, at a minimum, include verification of the custodians identity and relationship to the child, if any, as well as an independent finding that the individual has not engaged in any activity that would indicate a potential risk to the child. (B) Home studies Before placing the child with an individual, the Secretary of Health and Human Services shall determine whether a home study is first necessary. A home study shall be conducted for a child who is a victim of a severe form of trafficking in persons, a special needs child with a disability (as defined in section 12102 of title 42 (C) Access to information Not later than 2 weeks after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases. (4) Legal orientation presentations The Secretary of Health and Human Services shall cooperate with the Executive Office for Immigration Review to ensure that custodians receive legal orientation presentations provided through the Legal Orientation Program administered by the Executive Office for Immigration Review. At a minimum, such presentations shall address the custodians responsibility to attempt to ensure the childs appearance at all immigration proceedings and to protect the child from mistreatment, exploitation, and trafficking. (5) Access to counsel The Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 (6) Child advocates (A) In general The Secretary of Health and Human Services is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children. A child advocate shall be provided access to materials necessary to effectively advocate for the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning any information or opinion received from the child in the course of serving as a child advocate. The child advocate shall be presumed to be acting in good faith and be immune from civil liability for lawful conduct of duties as described in this provision. (B) Appointment of child advocates (i) Initial sites Not later than 2 years after March 7, 2013 (ii) Additional sites Not later than 3 years after March 7, 2013 (iii) Selection of sites Sites at which child advocate programs will be established under this subparagraph shall be located at immigration detention sites at which more than 50 children are held in immigration custody, and shall be selected sequentially, with priority given to locations with (I) the largest number of unaccompanied alien children; and (II) the most vulnerable populations of unaccompanied children. (C) Restrictions (i) Administrative expenses A child advocate program may not use more that 10 percent of the Federal funds received under this section for administrative expenses. (ii) Nonexclusivity Nothing in this section may be construed to restrict the ability of a child advocate program under this section to apply for or obtain funding from any other source to carry out the programs described in this section. (iii) Contribution of funds A child advocate program selected under this section shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the child advocate program in an amount that is not less than 25 percent of the total amount of Federal funds received by the child advocate program under this section. In-kind contributions may not exceed 40 percent of the matching requirement under this clause. (D) Annual report to Congress Not later than 1 year after March 7, 2013 (E) Assessment of Child Advocate Program (i) In general As soon as practicable after March 7, 2013 (ii) Matters to be studied In the study required under clause (i), the Comptroller General shall 2 2 (I) analyze the effectiveness of existing child advocate programs in improving outcomes for trafficking victims and other vulnerable unaccompanied alien children; (II) evaluate the implementation of child advocate programs in new sites pursuant to subparagraph (B); (III) evaluate the extent to which eligible trafficking victims and other vulnerable unaccompanied children are receiving child advocate services and assess the possible budgetary implications of increased participation in the program; (IV) evaluate the barriers to improving outcomes for trafficking victims and other vulnerable unaccompanied children; and (V) make recommendations on statutory changes to improve the Child Advocate Program in relation to the matters analyzed under subclauses (I) through (IV). (iii) GAO report Not later than 3 years after March 7, 2013 (I) the Committee on the Judiciary of the Senate; (II) the Committee on Health, Education, Labor, and Pensions of the Senate; (III) the Committee on the Judiciary of the House of Representatives; and (IV) the Committee on Education and the Workforce of the House of Representatives. (F) Authorization of appropriations There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this subsection (i) $1,000,000 for each of the fiscal years 2014 and 2015; and (ii) $2,000,000 for each of fiscal years 2018 through 2021. (d) Permanent protection for certain at-risk children (1) Omitted (2) Expeditious adjudication All applications for special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) (3) Omitted (4) Eligibility for assistance (A) In general A child who has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) 8 U.S.C. 1522 8 U.S.C. 1101(a)(15)(U) 2 8 U.S.C. 1522(d) (i) the date on which the child reaches the age designated in section 412(d)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d)(2)(B) (ii) the date on which the child is placed in a permanent adoptive home. (B) State reimbursement Subject to the availability of appropriations, if State foster care funds are expended on behalf of a child who is not described in subparagraph (A) and has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) 8 U.S.C. 1101(a)(15)(U) 2 (5) State courts acting in loco parentis A department or agency of a State, or an individual or entity appointed by a State court or juvenile court located in the United States, acting in loco parentis, shall not be considered a legal guardian for purposes of this section or section 279 of title 6 (6) Transition rule Notwithstanding any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) December 23, 2008 (7) Omitted (8) Specialized needs of unaccompanied alien children Applications for asylum and other forms of relief from removal in which an unaccompanied alien child is the principal applicant shall be governed by regulations which take into account the specialized needs of unaccompanied alien children and which address both procedural and substantive aspects of handling unaccompanied alien childrens cases. (e) Training The Secretary of State, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall provide specialized training to all Federal personnel, and upon request, state 1 (f) Omitted (g) Definition of unaccompanied alien child For purposes of this section, the term unaccompanied alien child has the meaning given such term in section 279(g) of title 6 (h) Effective date This section (1) shall take effect on the date that is 90 days after December 23, 2008 (2) shall also apply to all aliens in the United States in pending proceedings before the Department of Homeland Security or the Executive Office for Immigration Review, or related administrative or Federal appeals, on December 23, 2008 (i) Grants and contracts The Secretary of Health and Human Services may award grants to, and enter into contracts with, voluntary agencies to carry out this section and section 279 of title 6 ( Pub. L. 110457, title II,  235 Dec. 23, 2008 122 Stat. 5074 Pub. L. 1134, title XII Mar. 7, 2013 127 Stat. 156159 Pub. L. 115393, title III,  301(d) Dec. 21, 2018 132 Stat. 5272  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (a)(2)(B), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title March 7, 2013 Pub. L. 1134 March 7, 2013 Codification Section is comprised of section 235 of Pub. L. 110457 section 235(d) of Pub. L. 110457 Section 235(f) of Pub. L. 110457 section 279 of Title 6 Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2018Subsec. (c)(6)(F). Pub. L. 115393,  301(d)(1) Subsec. (c)(6)(F)(ii). Pub. L. 115393,  301(d)(2) 2013Subsec. (c)(2). Pub. L. 1134,  1261 Subsec. (c)(6). Pub. L. 1134,  1262 Subsec. (d)(4)(A). Pub. L. 1134,  1263(1) 8 U.S.C. 1101(a)(15)(U) Subsec. (d)(4)(B). Pub. L. 1134,  1263(2) 8 U.S.C. 1101(a)(15)(U) Part V Adjustment and Change of Status  1251. Transferred  Editorial Notes Codification Section 1251, act June 27, 1952, ch. 477, title II 66 Stat. 204 June 27, 1952 Pub. L. 104208, div. C, title III,  305(a)(2) Sept. 30, 1996 110 Stat. 3009598 section 1227 of this title  1251a. Repealed. Pub. L. 87301,  24(a)(3) Sept. 26, 1961 75 Stat. 657   Section, Pub. L. 85316,  7 Sept. 11, 1957 71 Stat. 640 Dec. 22, 1945 Nov. 1, 1954 section 1251 of this title Sept. 11, 1957 section 1182(h) of this title  1252. Judicial review of orders of removal (a) Applicable provisions (1) General orders of removal Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to section 1225(b)(1) of this title (2) Matters not subject to judicial review (A) Review relating to section 1225(b)(1) Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 (i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to section 1225(b)(1) of this title (ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section, (iii) the application of such section to individual aliens, including the determination made under section 1225(b)(1)(B) of this title (iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the provisions of section 1225(b)(1) of this title (B) Denials of discretionary relief Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 (i) any judgment regarding the granting of relief under section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this title, or (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security, other than the granting of relief under section 1158(a) of this title (C) Orders against criminal aliens Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 section 1227(a)(2)(A)(ii) of this title section 1227(a)(2)(A)(i) of this title (D) Judicial review of certain legal claims Nothing in subparagraph (B) or (C), or in any other provision of this chapter (other than this section) which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section. (3) Treatment of certain decisions No alien shall have a right to appeal from a decision of an immigration judge which is based solely on a certification described in section 1229a(c)(1)(B) of this title (4) Claims under the United Nations Convention Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 (5) Exclusive means of review Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 section 2241 of title 28 (b) Requirements for review of orders of removal With respect to review of an order of removal under subsection (a)(1), the following requirements apply: (1) Deadline The petition for review must be filed not later than 30 days after the date of the final order of removal. (2) Venue and forms The petition for review shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs. (3) Service (A) In general The respondent is the Attorney General. The petition shall be served on the Attorney General and on the officer or employee of the Service in charge of the Service district in which the final order of removal under section 1229a of this title (B) Stay of order Service of the petition on the officer or employee does not stay the removal of an alien pending the courts decision on the petition, unless the court orders otherwise. (C) Aliens brief The alien shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the Attorney General, and the court may not extend these deadlines except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result. (4) Scope and standard for review Except as provided in paragraph (5)(B) (A) the court of appeals shall decide the petition only on the administrative record on which the order of removal is based, (B) the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary, (C) a decision that an alien is not eligible for admission to the United States is conclusive unless manifestly contrary to law, and (D) the Attorney Generals discretionary judgment whether to grant relief under section 1158(a) of this title No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence, as described in section 1158(b)(1)(B), 1229a(c)(4)(B), or 1231(b)(3)(C) of this title, unless the court finds, pursuant to subsection (b)(4)(B), that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable. (5) Treatment of nationality claims (A) Court determination if no issue of fact If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioners nationality is presented, the court shall decide the nationality claim. (B) Transfer if issue of fact If the petitioner claims to be a national of the United States and the court of appeals finds that a genuine issue of material fact about the petitioners nationality is presented, the court shall transfer the proceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28 (C) Limitation on determination The petitioner may have such nationality claim decided only as provided in this paragraph. (6) Consolidation with review of motions to reopen or reconsider When a petitioner seeks review of an order under this section, any review sought of a motion to reopen or reconsider the order shall be consolidated with the review of the order. (7) Challenge to validity of orders in certain criminal proceedings (A) In general If the validity of an order of removal has not been judicially decided, a defendant in a criminal proceeding charged with violating section 1253(a) of this title (B) Claims of United States nationality If the defendant claims in the motion to be a national of the United States and the district court finds that (i) no genuine issue of material fact about the defendants nationality is presented, the court shall decide the motion only on the administrative record on which the removal order is based and the administrative findings of fact are conclusive if supported by reasonable, substantial, and probative evidence on the record considered as a whole; or (ii) a genuine issue of material fact about the defendants nationality is presented, the court shall hold a new hearing on the nationality claim and decide that claim as if an action had been brought under section 2201 of title 28 The defendant may have such nationality claim decided only as provided in this subparagraph. (C) Consequence of invalidation If the district court rules that the removal order is invalid, the court shall dismiss the indictment for violation of section 1253(a) of this title (D) Limitation on filing petitions for review The defendant in a criminal proceeding under section 1253(a) of this title (8) Construction This subsection (A) does not prevent the Attorney General, after a final order of removal has been issued, from detaining the alien under section 1231(a) of this title (B) does not relieve the alien from complying with section 1231(a)(4) of this title 1 1 (C) does not require the Attorney General to defer removal of the alien. (9) Consolidation of questions for judicial review Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this subchapter shall be available only in judicial review of a final order under this section. Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28 (c) Requirements for petition A petition for review or for habeas corpus of an order of removal (1) shall attach a copy of such order, and (2) shall state whether a court has upheld the validity of the order, and, if so, shall state the name of the court, the date of the courts ruling, and the kind of proceeding. (d) Review of final orders A court may review a final order of removal only if (1) the alien has exhausted all administrative remedies available to the alien as of right, and (2) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order. (e) Judicial review of orders under section 1225(b)(1) (1) Limitations on relief Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may (A) enter declaratory, injunctive, or other equitable relief in any action pertaining to an order to exclude an alien in accordance with section 1225(b)(1) of this title (B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action for which judicial review is authorized under a subsequent paragraph of this subsection. (2) Habeas corpus proceedings Judicial review of any determination made under section 1225(b)(1) of this title (A) whether the petitioner is an alien, (B) whether the petitioner was ordered removed under such section, and (C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 1157 of this title section 1158 of this title section 1225(b)(1)(C) of this title (3) Challenges on validity of the system (A) In general Judicial review of determinations under section 1225(b) of this title (i) whether such section, or any regulation issued to implement such section, is constitutional; or (ii) whether such a regulation, or a written policy directive, written policy guideline, or written procedure issued by or under the authority of the Attorney General to implement such section, is not consistent with applicable provisions of this subchapter or is otherwise in violation of law. (B) Deadlines for bringing actions Any action instituted under this paragraph must be filed no later than 60 days after the date the challenged section, regulation, directive, guideline, or procedure described in clause (i) or (ii) of subparagraph (A) is first implemented. (C) Notice of appeal A notice of appeal of an order issued by the District Court under this paragraph may be filed not later than 30 days after the date of issuance of such order. (D) Expeditious consideration of cases It shall be the duty of the District Court, the Court of Appeals, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any case considered under this paragraph. (4) Decision In any case where the court determines that the petitioner (A) is an alien who was not ordered removed under section 1225(b)(1) of this title (B) has demonstrated by a preponderance of the evidence that the alien is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 1157 of this title section 1158 of this title section 1229a of this title section 1229a of this title (5) Scope of inquiry In determining whether an alien has been ordered removed under section 1225(b)(1) of this title (f) Limit on injunctive relief (1) In general Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of part IV of this subchapter, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated. (2) Particular cases Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law. (g) Exclusive jurisdiction Except as provided in this section and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 ( June 27, 1952, ch. 477 66 Stat. 208 Sept. 3, 1954, ch. 1263,  17 68 Stat. 1232 Pub. L. 97116,  18(h)(1) Dec. 29, 1981 95 Stat. 1620 Pub. L. 98473, title II,  220(b) Oct. 12, 1984 98 Stat. 2028 Pub. L. 99603, title VII,  701 Nov. 6, 1986 100 Stat. 3445 Pub. L. 100525,  9(n) Oct. 24, 1988 102 Stat. 2620 Pub. L. 100690, title VII,  7343(a) Nov. 18, 1988 102 Stat. 4470 Pub. L. 101649, title V Nov. 29, 1990 104 Stat. 5049 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1751 Pub. L. 103322, title II,  20301(a) Sept. 13, 1994 108 Stat. 1823 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4317 Pub. L. 104132, title IV Apr. 24, 1996 110 Stat. 1275 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009607 Pub. L. 10913, div. B, title I May 11, 2005 119 Stat. 305  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(2)(D), (5), and (g), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 1253 of this title Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612 Rule 23 of the Federal Rules of Civil Procedure, referred to in subsec. (e)(1)(B), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (f)(1), is div. C of Pub. L. 104208 Sept. 30, 1996 110 Stat. 3009546 section 1101 of this title Amendments 2005Subsec. (a)(2)(A). Pub. L. 10913,  106(a)(1)(A)(i) section 2241 of title 28 Subsec. (a)(2)(B). Pub. L. 10913,  106(a)(1)(A)(ii) section 2241 of title 28 Pub. L. 10913,  101(f)(2) Subsec. (a)(2)(B)(ii). Pub. L. 10913,  101(f)(1) Subsec. (a)(2)(C). Pub. L. 10913,  106(a)(1)(A)(ii) section 2241 of title 28 Subsec. (a)(2)(D). Pub. L. 10913,  106(a)(1)(A)(iii) Subsec. (a)(4), (5). Pub. L. 10913,  106(a)(1)(B) Subsec. (b)(4). Pub. L. 10913,  101(e) Subsec. (b)(9). Pub. L. 10913,  106(a)(2) section 2241 of title 28 Subsec. (g). Pub. L. 10913,  106(a)(3) section 2241 of title 28 1996 Pub. L. 104208,  306(a)(2) Subsec. (a)(2). Pub. L. 104132,  440(c)(2) Pub. L. 104132,  440(c)(1)(C) Pub. L. 104132,  440(c)(1)(B) Pub. L. 104208 section 1227(a)(2)(A)(ii) of this title section 1227(a)(2)(A)(i) of this title Pub. L. 104132,  440(c)(1)(A) Subsec. (b). Pub. L. 104208,  371(b)(6) Pub. L. 104132,  436(a) Subsec. (c)(1). Pub. L. 104132,  440(h)(1) Subsec. (c)(2). Pub. L. 104132,  440(h)(2) Pub. L. 104208 Subsec. (h). Pub. L. 104132,  438(a) Subsec. (i). Pub. L. 104132,  436(b)(1) Subsec. (j). Pub. L. 104208,  306(a)(1) section 1231 of this title 1994Subsec. (b). Pub. L. 103416,  224(b) section 1252a(d) of this title Subsec. (e). Pub. L. 103322,  130001(a) section 1251(a) of this title section 1251(a) of this title Subsec. (h). Pub. L. 103416,  219(h) Subsec. (j). Pub. L. 103322,  20301(a) 1991Subsec. (a)(2)(B). Pub. L. 102232,  306(a)(4) Subsec. (b). Pub. L. 102232,  306(c)(7) section 1252b of this title section 1252b of this title Subsec. (e). Pub. L. 102232,  307(m)(2) Subsec. (h). Pub. L. 102232,  309(b)(9) 1990Subsec. (a)(2). Pub. L. 101649,  504(a) Subsec. (b). Pub. L. 101649,  603(b)(2)(A) Pub. L. 101649,  545(e) (1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held; (2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose; (3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence in his own behalf, and to cross-examine witnesses presented by the Government; and (4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. Subsec. (e). Pub. L. 101649,  603(b)(2)(B) 1988Subsec. (a). Pub. L. 100690 Subsec. (e). Pub. L. 100525 September 23, 1950 1986Subsec. (i). Pub. L. 99603 1984Subsec. (h). Pub. L. 98473 1981Subsec. (b). Pub. L. 97116,  18(h)(1)(A) Subsec. (e). Pub. L. 97116,  18(h)(1)(B) 1954Subsec. (d). Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Pub. L. 10913, div. B, title I,  101(h)(3) May 11, 2005 119 Stat. 305  (3) The amendment made by subsection (e) [amending this section] shall take effect on the date of the enactment of this division [ May 11, 2005 (4) The amendments made by subsection (f) [amending this section] shall take effect on the date of the enactment of this division [ May 11, 2005 Pub. L. 10913, div. B, title I,  106(b) May 11, 2005 119 Stat. 311 The amendments made by subsection (a) [amending this section] shall take effect upon the date of the enactment of this division [ May 11, 2005 Effective Date of 1996 Amendments Pub. L. 104208, div. C, title III,  306(c) Sept. 30, 1996 110 Stat. 3009612 Pub. L. 104302,  2(1) Oct. 11, 1996 110 Stat. 3657  (1)  In general Subject to paragraph (2), the amendments made by subsections (a) and (b) [amending this section and section 1231 of this title section 1105a of this title 8 U.S.C. 1101 8 U.S.C. 1252(g) 8 U.S.C. 1101 (2)  Limitation Paragraph (1) shall not be considered to invalidate or to require the reconsideration of any judgment or order entered under section 106 of the Immigration and Nationality Act [former 8 U.S.C. 1105a section 440 of Public Law 104132 [ Pub. L. 104302,  2 Oct. 11, 1996 110 Stat. 3657 section 306(c)(1) of Pub. L. 104208 Sept. 30, 1996 Pub. L. 104208, div. C, title III,  306(d) Sept. 30, 1996 110 Stat. 3009612 Pub. L. 104132 Amendment by section 308(g)(10)(H) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 371(b)(6) of Pub. L. 104208 Sept. 30, 1996 section 371(d)(1) of Pub. L. 104208 section 1101 of this title For delayed effective date of amendment by section 440(c) of Pub. L. 104132 section 303(b)(2) of Pub. L. 104208 section 1226 of this title Pub. L. 104132, title IV,  436(b)(3) Apr. 24, 1996 110 Stat. 1275 The amendments made by this subsection [amending this section and provisions set out as a note under section 1101 of this title Public Law 103416 Effective Date of 1994 Amendments Amendment by section 219(h) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Pub. L. 103416, title II,  224(c) Oct. 25, 1994 108 Stat. 4324 The amendments made by this section [amending this section and section 1252a of this title Oct. 25, 1994 Pub. L. 103322, title II,  20301(b) Sept. 13, 1994 108 Stat. 1824 The amendment made by subsection (a) [amending this section] shall take effect October 1, 1994 Effective Date of 1991 Amendment Amendment by section 306(a)(4), (c)(7) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  307(m) Dec. 12, 1991 105 Stat. 1757 section 307(m)(2) of Pub. L. 102232 Pub. L. 101649 Effective Date of 1990 Amendment Pub. L. 101649, title V,  504(c) Nov. 29, 1990 104 Stat. 5050 The amendments made by this section [amending this section and section 1226 of this title Nov. 29, 1990 Pub. L. 101649, title V,  545(g) Nov. 29, 1990 104 Stat. 5066 Pub. L. 104208, div. C, title III,  308(b)(6)(B) Sept. 30, 1996 110 Stat. 3009623  (1)  Notice-related provisions. (A) Subsections (a), (b), (c), and (e)(1) of section 242B of the Immigration and Nationality Act [former 8 U.S.C. 1252b(a) (B) The Attorney General shall certify to the Congress when the central address file system (described in section 239(a)(4) [probably means 239(a)(3)] of the Immigration and Nationality Act) [ 8 U.S.C. 1229(a)(3) (C) The Comptroller General shall submit to Congress, within 3 months after the date of the Attorney Generals certification under subparagraph (B), a report on the adequacy of such system. (2)  Certain limits on discretionary relief; sanctions for frivolous behavior Subsections (d), (e)(2), and (e)(3) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)) shall be effective on the date of the enactment of this Act [ Nov. 29, 1990 (3)  Limits on discretionary relief for failure to appear in asylum hearing Subsection (e)(4) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)) shall be effective on February 1, 1991 (4)  Consolidation of relief in judicial review The amendments made by subsection (b) [amending section 1105a of this title January 1, 1991 Amendment by section 603(b)(2) of Pub. L. 101649 Mar. 1, 1991 section 602(d) of Pub. L. 101649 section 1227 of this title Effective Date of 1988 Amendment Pub. L. 100690, title VII,  7343(c) Nov. 18, 1988 102 Stat. 4470 The amendments made by subsections (a) and (b) [amending this section and section 1254 of this title Nov. 18, 1988 Effective Date of 1984 Amendment Amendment by Pub. L. 98473 Nov. 1, 1987 section 235(a)(1) of Pub. L. 98473 section 3551 of Title 18 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Regulations Pub. L. 101649, title V,  545(d) Nov. 29, 1990 104 Stat. 5066  Within 6 months after the date of the enactment of this Act [ Nov. 29, 1990 (1) the period of time in which motions to reopen and to reconsider may be offered in deportation proceedings, which regulations include a limitation on the number of such motions that may be filed and a maximum time period for the filing of such motions; and (2) the time period for the filing of administrative appeals in deportation proceedings and for the filing of appellate and reply briefs, which regulations include a limitation on the number of administrative appeals that may be made, a maximum time period for the filing of such motions and briefs, the items to be included in the notice of appeal, and the consolidation of motions to reopen or to reconsider with the appeal of the order of deportation.  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Transfer of Cases Pub. L. 10913, div. B, title I,  106(c) May 11, 2005 119 Stat. 311 If an aliens case, brought under section 2241 of title 28 May 11, 2005 8 U.S.C. 1252 Pub. L. 104208, div. C 8 U.S.C. 1101 Transitional Rule Cases Pub. L. 10913, div. B, title I,  106(d) May 11, 2005 119 Stat. 311 A petition for review filed under former section 106(a) of the Immigration and Nationality Act [ 8 U.S.C. 1105a(a) Pub. L. 104208, div. C 8 U.S.C. 1252 8 U.S.C. 1252 section 2241 of title 28 References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title Authority To Accept Certain Assistance Pub. L. 103322, title XIII,  130008 Sept. 13, 1994 108 Stat. 2029  (a)  In General Subject to subsection (b) and notwithstanding any other provision of law, the Attorney General, in the discretion of the Attorney General, may accept, hold, administer, and utilize gifts of property and services (which may not include cash assistance) from State and local governments for the purpose of assisting the Immigration and Naturalization Service in the transportation of deportable aliens who are arrested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary departure under safeguards. Any property acquired pursuant to this section shall be acquired in the name of the United States. (b)  Limitation The Attorney General shall terminate or rescind the exercise of the authority under subsection (a) if the Attorney General determines that the exercise of such authority has resulted in discrimination by law enforcement officials on the basis of race, color, or national origin.  1252a. Transferred  Editorial Notes Codification Section 1252a, act June 27, 1952, ch. 477, title II Nov. 18, 1988 Pub. L. 100690, title VII,  7347(a) 102 Stat. 4471 June 27, 1952 Pub. L. 104208, div. C, title III,  308(b)(5) Sept. 30, 1996 110 Stat. 3009615 section 1228 of this title  1252b. Repealed. Pub. L. 104208, div. C, title III,  308(b)(6) Sept. 30, 1996 110 Stat. 3009615   Section, act June 27, 1952, ch. 477, title II Nov. 29, 1990 Pub. L. 101649, title V,  545(a) 104 Stat. 5061 Dec. 12, 1991 Pub. L. 102232, title III,  306(c)(6) 105 Stat. 1753 Oct. 25, 1994 Pub. L. 103416, title II,  219(i) 108 Stat. 4317 Sept. 30, 1996 Pub. L. 104208, div. C, title III,  371(b)(7) 110 Stat. 3009645 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens (a) In general Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States. (b) Cooperation The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials. ( Pub. L. 104132, title IV,  439 Apr. 24, 1996 110 Stat. 1276  Editorial Notes Codification This section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1253. Penalties related to removal (a) Penalty for failure to depart (1) In general Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 1227(a) of this title (A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the aliens departure, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the aliens departure pursuant to such, or (D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title (2) Exception It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the aliens release from incarceration or custody. (3) Suspension The court may for good cause suspend the sentence of an alien under this subsection and order the aliens release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as (A) the age, health, and period of detention of the alien; (B) the effect of the aliens release upon the national security and public peace or safety; (C) the likelihood of the aliens resuming or following a course of conduct which made or would make the alien deportable; (D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the aliens removal is directed to expedite the aliens departure from the United States; (E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; and (F) the eligibility of the alien for discretionary relief under the immigration laws. (b) Willful failure to comply with terms of release under supervision An alien who shall willfully fail to comply with regulations or requirements issued pursuant to section 1231(a)(3) of this title (c) Penalties relating to vessels and aircraft (1) Civil penalties (A) Failure to carry out certain orders If the Attorney General is satisfied that a person has violated subsection (d) or (e) of section 1231 of this title (B) Failure to remove alien stowaways If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section 1231(d)(2) of this title (C) No compromise The Attorney General may not compromise the amount of such penalty under this paragraph. (2) Clearing vessels and aircraft (A) Clearance before decision on liability A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner. (B) Prohibition on clearance while penalty unpaid A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid. (d) Discontinuing granting visas to nationals of country denying or delaying accepting alien On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien. ( June 27, 1952, ch. 477 66 Stat. 212 Pub. L. 89236,  11(f) Oct. 3, 1965 79 Stat. 918 Pub. L. 95549, title I,  104 Oct. 30, 1978 92 Stat. 2066 Pub. L. 96212, title II,  203(e) Mar. 17, 1980 94 Stat. 107 Pub. L. 97116,  18(i) Dec. 29, 1981 95 Stat. 1620 Pub. L. 101649, title V,  515(a)(2) Nov. 29, 1990 104 Stat. 5053 Pub. L. 104132, title IV,  413(a) Apr. 24, 1996 110 Stat. 1269 Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612  Editorial Notes Amendments 1996 Pub. L. 104208 Subsec. (h)(2). Pub. L. 104132,  413(a) section 1251(a)(4)(B) of this title Subsec. (h)(3). Pub. L. 104132,  413(f) (A) such aliens life or freedom would be threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, membership in a particular social group, or political opinion; and (B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations Protocol Relating to the Status of Refugees. 1990Subsec. (h)(1). Pub. L. 101649,  603(b)(3) Subsec. (h)(2). Pub. L. 101649,  515(a)(2) 1981Subsec. (a). Pub. L. 97116 1980Subsec. (h). Pub. L. 96212 1978Subsec. (h). Pub. L. 95549 section 1251(a) of this title 1965Subsec. (h). Pub. L. 89236 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendments Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104132, title IV,  413(g) Apr. 24, 1996 110 Stat. 1269 The amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall take effect on the date of the enactment of this Act [ Apr. 24, 1996 Effective Date of 1990 Amendment Amendment by section 515(a)(2) of Pub. L. 101649 Nov. 29, 1990 section 515(b)(2) of Pub. L. 101649 section 1158 of this title Amendment by section 603(b)(3) of Pub. L. 101649 Mar. 1, 1991 section 602(d) of Pub. L. 101649 section 1227 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96212 Mar. 17, 1980 Oct. 1, 1979 section 204 of Pub. L. 96212 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title Sense of Congress Respecting Treatment of Cuban Political Prisoners Pub. L. 99603, title III,  315(c) Nov. 6, 1986 100 Stat. 3440 Pub. L. 104208, div. C, title III,  308(g)(7)(C)(i) Sept. 30, 1996 110 Stat. 3009623 It is the sense of the Congress that the Secretary of State should provide for the issuance of visas to nationals of Cuba who are or were imprisoned in Cuba for political activities without regard to section 243(d) of the Immigration and Nationality Act ( 8 U.S.C. 1253(d)  1254. Repealed. Pub. L. 104208, div. C, title III,  308(b)(7) Sept. 30, 1996 110 Stat. 3009615   Section, acts June 27, 1952, ch. 477 66 Stat. 214 Oct. 24, 1962 Pub. L. 87885,  4 76 Stat. 1247 Oct. 3, 1965 Pub. L. 89236,  12 79 Stat. 918 Oct. 20, 1976 Pub. L. 94571,  7(f) 90 Stat. 2706 Oct. 30, 1978 Pub. L. 95549, title I,  105 92 Stat. 2066 Mar. 17, 1980 Pub. L. 96212, title II,  203(d) 94 Stat. 107 Dec. 29, 1981 Pub. L. 97116 95 Stat. 1616 Nov. 6, 1986 Pub. L. 99603, title III,  315(b) 100 Stat. 3439 Oct. 24, 1988 Pub. L. 100525,  2(q)(1) 102 Stat. 2613 Nov. 18, 1988 Pub. L. 100690, title VII,  7343(b) 102 Stat. 4470 Nov. 29, 1990 Pub. L. 101649, title I,  162(e)(2) 104 Stat. 5011 Dec. 12, 1991 Pub. L. 102232, title III,  307(m)(1) 105 Stat. 1757 Sept. 13, 1994 Pub. L. 103322, title IV,  40703 108 Stat. 1955 Apr. 24, 1996 Pub. L. 104132, title IV,  413(b) 110 Stat. 1269 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  1254a. Temporary protected status (a) Granting of status (1) In general In the case of an alien who is a national of a foreign state designated under subsection (b) (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), the Attorney General, in accordance with this section (A) may grant the alien temporary protected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect, and (B) shall authorize the alien to engage in employment in the United States and provide the alien with an employment authorized endorsement or other appropriate work permit. (2) Duration of work authorization Work authorization provided under this section shall be effective throughout the period the alien is in temporary protected status under this section. (3) Notice (A) Upon the granting of temporary protected status under this section, the Attorney General shall provide the alien with information concerning such status under this section. (B) If, at the time of initiation of a removal proceeding against an alien, the foreign state (of which the alien is a national) is designated under subsection (b), the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section. (C) If, at the time of designation of a foreign state under subsection (b), an alien (who is a national of such state) is in a removal proceeding under this subchapter, the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section. (D) Notices under this paragraph shall be provided in a form and language that the alien can understand. (4) Temporary treatment for eligible aliens (A) In the case of an alien who can establish a prima facie case of eligibility for benefits under paragraph (1), but for the fact that the period of registration under subsection (c)(1)(A)(iv) has not begun, until the alien has had a reasonable opportunity to register during the first 30 days of such period, the Attorney General shall provide for the benefits of paragraph (1). (B) In the case of an alien who establishes a prima facie case of eligibility for benefits under paragraph (1), until a final determination with respect to the aliens eligibility for such benefits under paragraph (1) has been made, the alien shall be provided such benefits. (5) Clarification Nothing in this section shall be construed as authorizing the Attorney General to deny temporary protected status to an alien based on the aliens immigration status or to require any alien, as a condition of being granted such status, either to relinquish nonimmigrant or other status the alien may have or to execute any waiver of other rights under this chapter. The granting of temporary protected status under this section shall not be considered to be inconsistent with the granting of nonimmigrant status under this chapter. (b) Designations (1) In general The Attorney General, after consultation with appropriate agencies of the Government, may designate any foreign state (or any part of such foreign state) under this subsection only if (A) the Attorney General finds that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state to that state (or to the part of the state) would pose a serious threat to their personal safety; (B) the Attorney General finds that (i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected, (ii) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state, and (iii) the foreign state officially has requested designation under this subparagraph; or (C) the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States. A designation of a foreign state (or part of such foreign state) under this paragraph shall not become effective unless notice of the designation (including a statement of the findings under this paragraph and the effective date of the designation) is published in the Federal Register. In such notice, the Attorney General shall also state an estimate of the number of nationals of the foreign state designated who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section and their immigration status in the United States. (2) Effective period of designation for foreign states The designation of a foreign state (or part of such foreign state) under paragraph (1) shall (A) take effect upon the date of publication of the designation under such paragraph, or such later date as the Attorney General may specify in the notice published under such paragraph, and (B) shall remain in effect until the effective date of the termination of the designation under paragraph (3)(B). For purposes of this section, the initial period of designation of a foreign state (or part thereof) under paragraph (1) is the period, specified by the Attorney General, of not less than 6 months and not more than 18 months. (3) Periodic review, terminations, and extensions of designations (A) Periodic review At least 60 days before end of the initial period of designation, and any extended period of designation, of a foreign state (or part thereof) under this section the Attorney General, after consultation with appropriate agencies of the Government, shall review the conditions in the foreign state (or part of such foreign state) for which a designation is in effect under this subsection and shall determine whether the conditions for such designation under this subsection continue to be met. The Attorney General shall provide on a timely basis for the publication of notice of each such determination (including the basis for the determination, and, in the case of an affirmative determination, the period of extension of designation under subparagraph (C)) in the Federal Register. (B) Termination of designation If the Attorney General determines under subparagraph (A) that a foreign state (or part of such foreign state) no longer continues to meet the conditions for designation under paragraph (1), the Attorney General shall terminate the designation by publishing notice in the Federal Register of the determination under this subparagraph (including the basis for the determination). Such termination is effective in accordance with subsection (d)(3), but shall not be effective earlier than 60 days after the date the notice is published or, if later, the expiration of the most recent previous extension under subparagraph (C). (C) Extension of designation If the Attorney General does not determine under subparagraph (A) that a foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1), the period of designation of the foreign state is extended for an additional period of 6 months (or, in the discretion of the Attorney General, a period of 12 or 18 months). (4) Information concerning protected status at time of designations At the time of a designation of a foreign state under this subsection, the Attorney General shall make available information respecting the temporary protected status made available to aliens who are nationals of such designated foreign state. (5) Review (A) Designations There is no judicial review of any determination of the Attorney General with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection. (B) Application to individuals The Attorney General shall establish an administrative procedure for the review of the denial of benefits to aliens under this subsection. Such procedure shall not prevent an alien from asserting protection under this section in removal proceedings if the alien demonstrates that the alien is a national of a state designated under paragraph (1). (c) Aliens eligible for temporary protected status (1) In general (A) Nationals of designated foreign states Subject to paragraph (3), an alien, who is a national of a state designated under subsection (b)(1) (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state), meets the requirements of this paragraph only if (i) the alien has been continuously physically present in the United States since the effective date of the most recent designation of that state; (ii) the alien has continuously resided in the United States since such date as the Attorney General may designate; (iii) the alien is admissible as an immigrant, except as otherwise provided under paragraph (2)(A), and is not ineligible for temporary protected status under paragraph (2)(B); and (iv) to the extent and in a manner which the Attorney General establishes, the alien registers for the temporary protected status under this section during a registration period of not less than 180 days. (B) Registration fee The Attorney General may require payment of a reasonable fee as a condition of registering an alien under subparagraph (A)(iv) (including providing an alien with an employment authorized endorsement or other appropriate work permit under this section). The amount of any such fee shall not exceed $50. In the case of aliens registered pursuant to a designation under this section made after July 17, 1991 section 3302 of title 31 (2) Eligibility standards (A) Waiver of certain grounds for inadmissibility In the determination of an aliens admissibility for purposes of subparagraph (A)(iii) of paragraph (1) (i) the provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title (ii) except as provided in clause (iii), the Attorney General may waive any other provision of section 1182(a) of this title (iii) the Attorney General may not waive (I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section, (II) paragraph (2)(C) of such section (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 marijuana, or (III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide). (B) Aliens ineligible An alien shall not be eligible for temporary protected status under this section if the Attorney General finds that (i) the alien has been convicted of any felony or 2 or more misdemeanors committed in the United States, or (ii) the alien is described in section 1158(b)(2)(A) of this title (3) Withdrawal of temporary protected status The Attorney General shall withdraw temporary protected status granted to an alien under this section if (A) the Attorney General finds that the alien was not in fact eligible for such status under this section, (B) except as provided in paragraph (4) and permitted in subsection (f)(3), the alien has not remained continuously physically present in the United States from the date the alien first was granted temporary protected status under this section, or (C) the alien fails, without good cause, to register with the Attorney General annually, at the end of each 12-month period after the granting of such status, in a form and manner specified by the Attorney General. (4) Treatment of brief, casual, and innocent departures and certain other absences (A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be considered to have failed to maintain continuous physical presence in the United States by virtue of brief, casual, and innocent absences from the United States, without regard to whether such absences were authorized by the Attorney General. (B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual, and innocent absence described in subparagraph (A) or due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien. (5) Construction Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for temporary protected status under this section. (6) Confidentiality of information The Attorney General shall establish procedures to protect the confidentiality of information provided by aliens under this section. (d) Documentation (1) Initial issuance Upon the granting of temporary protected status to an alien under this section, the Attorney General shall provide for the issuance of such temporary documentation and authorization as may be necessary to carry out the purposes of this section. (2) Period of validity Subject to paragraph (3), such documentation shall be valid during the initial period of designation of the foreign state (or part thereof) involved and any extension of such period. The Attorney General may stagger the periods of validity of the documentation and authorization in order to provide for an orderly renewal of such documentation and authorization and for an orderly transition (under paragraph (3)) upon the termination of a designation of a foreign state (or any part of such foreign state). (3) Effective date of terminations If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B), such termination shall only apply to documentation and authorization issued or renewed after the effective date of the publication of notice of the determination under that subsection (or, at the Attorney Generals option, after such period after the effective date of the determination as the Attorney General determines to be appropriate in order to provide for an orderly transition). (4) Detention of alien An alien provided temporary protected status under this section shall not be detained by the Attorney General on the basis of the aliens immigration status in the United States. (e) Relation of period of temporary protected status to cancellation of removal With respect to an alien granted temporary protected status under this section, the period of such status shall not be counted as a period of physical presence in the United States for purposes of section 1229b(a) of this title (f) Benefits and status during period of temporary protected status During a period in which an alien is granted temporary protected status under this section (1) the alien shall not be considered to be permanently residing in the United States under color of law; (2) the alien may be deemed ineligible for public assistance by a State (as defined in section 1101(a)(36) of this title (3) the alien may travel abroad with the prior consent of the Attorney General; and (4) for purposes of adjustment of status under section 1255 of this title section 1258 of this title (g) Exclusive remedy Except as otherwise specifically provided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deportable or have been paroled into the United States to remain in the United States temporarily because of their particular nationality or region of foreign state of nationality. (h) Limitation on consideration in Senate of legislation adjusting status (1) In general Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, resolution, or amendment that (A) provides for adjustment to lawful temporary or permanent resident alien status for any alien receiving temporary protected status under this section, or (B) has the effect of amending this subsection or limiting the application of this subsection. (2) Supermajority required Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). (3) Rules Paragraphs (1) and (2) are enacted (A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the matters described in paragraph (1) and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and (B) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner as in the case of any other rule of the Senate. (i) Annual report and review (1) Annual report Not later than March 1 of each year (beginning with 1992), the Attorney General, after consultation with the appropriate agencies of the Government, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the operation of this section during the previous year. Each report shall include (A) a listing of the foreign states or parts thereof designated under this section, (B) the number of nationals of each such state who have been granted temporary protected status under this section and their immigration status before being granted such status, and (C) an explanation of the reasons why foreign states or parts thereof were designated under subsection (b)(1) and, with respect to foreign states or parts thereof previously designated, why the designation was terminated or extended under subsection (b)(3). (2) Committee report No later than 180 days after the date of receipt of such a report, the Committee on the Judiciary of each House of Congress shall report to its respective House such oversight findings and legislation as it deems appropriate. ( June 27, 1952, ch. 477 Pub. L. 101649, title III,  302(a) Nov. 29, 1990 104 Stat. 5030 Pub. L. 102232, title III l Dec. 12, 1991 105 Stat. 1749 Pub. L. 103416, title II,  219(j) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title III,  308(b)(7) Sept. 30, 1996 110 Stat. 3009615  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(5), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a)(1)(A). Pub. L. 104208,  308(e)(11) Subsec. (a)(3)(B), (C). Pub. L. 104208,  308(e)(1)(G) Subsec. (b)(5)(B). Pub. L. 104208,  308(e)(1)(G) Subsec. (c)(2)(B)(ii). Pub. L. 104208,  308(g)(7)(E)(i) Subsec. (e). Pub. L. 104208,  308(g)(8)(A)(i) Pub. L. 104208,  308(e)(11) 1994Subsec. (c)(1)(B). Pub. L. 103416,  219(z)(2) Pub. L. 102232,  304(b)(2) Subsec. (c)(2)(A)(iii)(III). Pub. L. 103416,  219(j) 1991Subsec. (a)(1). Pub. L. 102232,  304(b)(1) Subsec. (c)(1)(A). Pub. L. 102232,  304(b)(3) Subsec. (c)(1)(B). Pub. L. 102232,  304(b)(2) Pub. L. 103416,  219(z)(2) July 17, 1991 Subsec. (c)(2)(A)(iii)(I). Pub. L. 102232,  307 l Subsec. (c)(2)(A)(iii)(III). Pub. L. 102232,  307 l 1990Subsec. (c)(2)(A)(i). Pub. L. 101649,  603(a)(24)(A) Subsec. (c)(2)(A)(iii)(I). Pub. L. 101649,  603(a)(24)(B) Subsec. (c)(2)(A)(iii)(II). Pub. L. 101649,  603(a)(24)(C) Subsec. (c)(2)(A)(iii)(III). Pub. L. 101649,  603(a)(24)(D) Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101649,  603(a)(24)(E) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendment Amendment by section 219(j) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Pub. L. 103416, title II,  219(z) Oct. 25, 1994 108 Stat. 4318 Pub. L. 102232 Effective Date of 1991 Amendment Amendment by section 304(b) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l Pub. L. 101649 Effective Date of 1990 Amendment Amendment by section 603(a)(24) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Limitation on Suspension of Deportation The Attorney General may not suspend deportation and adjust status under this section of more than 4,000 aliens in any fiscal year, beginning after Sept. 30, 1996 section 309(c)(7) of Pub. L. 104208 section 1101 of this title Aliens Authorized To Travel Abroad Temporarily Pub. L. 102232, title III,  304(c) Dec. 12, 1991 105 Stat. 1749 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622  (1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization (A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if (i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990 [ Pub. L. 101649 section 1255a of this title (ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244(c)(2)(A)(iii) of the Immigration and Nationality Act [ 8 U.S.C. 1254a(c)(2)(A)(iii) (B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 240A(a) of the Immigration and Nationality Act [ 8 U.S.C. 1229b(a) (2) Aliens described in this paragraph are the following: (A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity). (B) Aliens provided temporary protected status under section 244 of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990 [ Pub. L. 101649 Effect on Executive Order 12711 Pub. L. 101649, title III,  302(c) Nov. 29, 1990 104 Stat. 5036 Pub. L. 102232, title III,  304(a) Dec. 12, 1991 105 Stat. 1749 Pub. L. 103416, title II,  219(y) Oct. 25, 1994 108 Stat. 4318 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622 Notwithstanding subsection (g) of section 244 of the Immigration and Nationality Act [ 8 U.S.C. 1254a(g) April 11, 1990 8 U.S.C. 1101 Special Temporary Protected Status for Salvadorans Pub. L. 101649, title III,  303 Nov. 29, 1990 104 Stat. 5036 Pub. L. 10265,  1 July 2, 1991 105 Stat. 322 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622  (a)  Designation. (1)  In general El Salvador is hereby designated under section 244(b) of the Immigration and Nationality Act [ 8 U.S.C. 1254a(b) (2)  Period of designation Such designation shall take effect on the date of the enactment of this section [ Nov. 29, 1990 January 1, 1991 (b)  Aliens Eligible. (1)  In general In applying section 244 of the Immigration and Nationality Act [ 8 U.S.C. 1254a (A) the alien has been continuously physically present in the United States since September 19, 1990 (B) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and (C) in a manner which the Attorney General shall establish, the alien registers for temporary protected status under this section during the registration period beginning January 1, 1991 October 31, 1991 (2)  Registration fee The Attorney General shall require payment of a reasonable fee as a condition of registering an alien under paragraph (1)(C) (including providing an alien with an employment authorized endorsement or other appropriate work permit under this section). The amount of the fee shall be sufficient to cover the costs of administration of this section. Notwithstanding section 3302 of title 31 (c)  Application of Certain Provisions. (1)  In general Except as provided in this subsection, the provisions of section 244 of the Immigration and Nationality Act [ 8 U.S.C. 1254a (2)  Provisions not applicable Subsections (b)(1), (b)(2), (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such section 244 shall not apply under this section. (3) 6- month period of registration and work authorization Notwithstanding section 244(a)(2) of the Immigration and Nationality Act, the work authorization provided under this section shall be effective for periods of 6 months. In applying section 244(c)(3)(C) of such Act under this section, semiannually, at the end of each 6-month period shall be substituted for annually, at the end of each 12-month period and, notwithstanding section 244(d)(2) of such Act, the period of validity of documentation under this section shall be 6 months. (4)  Reentry permitted after departure for emergency circumstances In applying section 244(f)(3) of the Immigration and Nationality Act under this section, the Attorney General shall provide for advance parole in the case of an alien provided special temporary protected status under this section if the alien establishes to the satisfaction of the Attorney General that emergency and extenuating circumstances beyond the control of the alien requires the alien to depart for a brief, temporary trip abroad. (d)  Enforcement of Requirement to Depart at Time of Termination of Designation. (1)  Show cause order at time of final registration At the registration occurring under this section closest to the date of termination of the designation of El Salvador under subsection (a), the Immigration and Naturalization Service shall serve on the alien granted temporary protected status an order to show cause that establishes a date for deportation proceedings which is after the date of such termination of designation. If El Salvador is subsequently designated under section 244(b) of the Immigration and Nationality Act [ 8 U.S.C. 1254a (2)  Sanction for failure to appear If an alien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, the alien may be deported in absentia under section 240(b)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1229a(b)(5)  1254b. Collection of fees under temporary protected status program (a) In addition to collection of registration fees described in section 1254a(c)(1)(B) of this title section 1254a of this title (b) Subsection (a) shall be construed to apply for fiscal year 1998 and each fiscal year thereafter. ( Pub. L. 11183, title V,  549 Oct. 28, 2009 123 Stat. 2177  Editorial Notes Codification This section was enacted as part of the Department of Homeland Security Appropriations Act, 2010, and not as part of the Immigration and Nationality Act which comprises this chapter.  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 The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. (b) Record of lawful admission for permanent residence; reduction of preference visas Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the aliens lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 1152 and 1153 of this title within the class to which the alien is chargeable for the fiscal year then current. (c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title section 1182(d)(4)(C) of this title section 1151(b) of this title l section 1187 of this title section 1101(a)(15)(S) of this title 1 1 section 1227(a)(4)(B) of this title section 1153(b) of this title section 1324a(h)(3) of this title (d) Alien admitted for permanent residence on conditional basis; fiancee or fiance of citizen The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 1186a of this title section 1101(a)(15)(K) of this title section 1186a of this title section 1101(a)(15)(K) of this title (e) Restriction on adjustment of status based on marriages entered while in admissibility or deportation proceedings; bona fide marriage exception (1) Except as provided in paragraph (3), an alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the aliens status adjusted under subsection (a). (2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the aliens right to be admitted or remain in the United States. (3) Paragraph (1) and section 1154(g) of this title section 1154(a) of this title 2 2 section 1184 of this title (f) Limitation on adjustment of status The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 1186b of this title (g) Special immigrants In applying this section to a special immigrant described in section 1101(a)(27)(K) of this title (h) Application with respect to special immigrants In applying this section to a special immigrant described in section 1101(a)(27)(J) of this title (1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and (2) in determining the aliens admissibility as an immigrant (A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title (B) the Attorney General may waive other paragraphs of section 1182(a) of this title The relationship between an alien and the aliens natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 1101(a)(27)(J) of this title (i) Adjustment in status of certain aliens physically present in United States (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States (A) who (i) entered the United States without inspection; or (ii) is within one of the classes enumerated in subsection (c) of this section; (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 1153(d) of this title (i) a petition for classification under section 1154 of this title April 30, 2001 (ii) an application for a labor certification under section 1182(a)(5)(A) of this title (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998 December 21, 2000 may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such application a sum equalling $1,000 as of the date of receipt of the application, but such sum shall not be required from a child under the age of seventeen, or an alien who is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986 at any date, who (i) as of May 5, 1988 (ii) entered the United States before May 5, 1988 May 5, 1988 (iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section. (2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if (A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (B) an immigrant visa is immediately available to the alien at the time the application is filed. (3) (A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and ( o section 1356 of this title (B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Breached Bond/Detention Fund established under section 1356(r) of this title January 14, 1998 section 1356(m) of this title (j) Adjustment to permanent resident status (1) If, in the opinion of the Attorney General (A) a nonimmigrant admitted into the United States under section 1101(a)(15)(S)(i) of this title (B) the provision of such information has substantially contributed to the success of an authorized criminal investigation or the prosecution of an individual described in subclause (III) of that section, the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 1182(a)(3)(E) of this title (2) If, in the sole discretion of the Attorney General (A) a nonimmigrant admitted into the United States under section 1101(a)(15)(S)(ii) of this title (B) the provision of such information has substantially contributed to (i) the prevention or frustration of an act of terrorism against a United States person or United States property, or (ii) the success of an authorized criminal investigation of, or the prosecution of, an individual involved in such an act of terrorism, and (C) the nonimmigrant has received a reward under section 2708(a) of title 22 the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under such section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 1182(a)(3)(E) of this title (3) Upon the approval of adjustment of status under paragraph (1) or (2), the Attorney General shall record the aliens lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 1151(d) and 1153(b)(4) of this title for the fiscal year then current. (k) Inapplicability of certain provisions for certain employment-based immigrants An alien who is eligible to receive an immigrant visa under paragraph (1), (2), (3), or (5) of section 1153(b) of this title section 1101(a)(27)(C) of this title section 1153(b)(4) of this title (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission; (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days (A) failed to maintain, continuously, a lawful status; (B) engaged in unauthorized employment; or (C) otherwise violated the terms and conditions of the aliens admission. (l) Adjustment of status for victims of trafficking (1) If, in the opinion of the Secretary of Homeland Security, or in the case of subparagraph (C)(i), in the opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate 3 3 section 1101(a)(15)(T)(i) of this title (A) has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under section 1101(a)(15)(T)(i) of this title (B) subject to paragraph (6), has, throughout such period, been a person of good moral character; and (C) (i) has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking; (ii) the alien 4 4 (iii) was younger than 18 years of age at the time of the victimization qualifying the alien for relief under section 1101(a)(15)(T) of this title 5 5 the Secretary of Homeland Security may adjust the status of the alien (and any person admitted under section 1101(a)(15)(T)(ii) of this title (2) Paragraph (1) shall not apply to an alien admitted under section 1101(a)(15)(T) of this title section 1182 of this title 6 6 (A) paragraphs (1) and (4) of section 1182(a) of this title (B) any other provision of such section (excluding paragraphs (3), (10)(C), and (10(E)), 7 7 section 1101(a)(15)(T)(i)(I) of this title (3) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days, unless (A) the absence was necessary to assist in the investigation or prosecution described in paragraph (1)(A); or (B) an official involved in the investigation or prosecution certifies that the absence was otherwise justified. (4) (A) The total number of aliens whose status may be adjusted under paragraph (1) during any fiscal year may not exceed 5,000. (B) The numerical limitation of subparagraph (A) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, or parents of such aliens. (5) Upon the approval of adjustment of status under paragraph (1), the Secretary of Homeland Security shall record the aliens lawful admission for permanent residence as of the date of such approval. (6) For purposes of paragraph (1)(B), the Secretary of Homeland Security may waive consideration of a disqualification from good moral character with respect to an alien if the disqualification was caused by, or incident to, the trafficking described in section 1101(a)(15)(T)(i)(I) of this title (7) The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application for relief through final adjudication of the adjustment of status for a VAWA self-petitioner and for relief under sections 1101(a)(15)(T), 1101(a)(15)(U), 1105a, 1229b(b)(2), and 1254a(a)(3) of this title (as in effect on March 31, 1997 (m) Adjustment of status for victims of crimes against women (1) The Secretary of Homeland Security may adjust the status of an alien admitted into the United States (or otherwise provided nonimmigrant status) under section 1101(a)(15)(U) of this title section 1182(a)(3)(E) of this title (A) the alien has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under clause (i) or (ii) of section 1101(a)(15)(U) of this title (B) in the opinion of the Secretary of Homeland Security, the aliens continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest. (2) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days unless the absence is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified. (3) Upon approval of adjustment of status under paragraph (1) of an alien described in section 1101(a)(15)(U)(i) of this title section 1101(a)(15)(U)(ii) of this title (4) Upon the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland Security shall record the aliens lawful admission for permanent residence as of the date of such approval. (5) (A) The Secretary of Homeland Security shall consult with the Attorney General, as appropriate, in making a determination under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title (B) Nothing in paragraph (1)(B) may be construed to prevent the Secretary from consulting with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State or local law enforcement official, State or local prosecutor, State or local judge, or other State or local authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title (n) Concurrent or subsequent filing of application for adjustment of status based on visa petition approval If the approval of a petition for classification under section 1153(b)(5) of this title ( June 27, 1952, ch. 477 66 Stat. 217 Pub. L. 85700,  1 Aug. 21, 1958 72 Stat. 699 Pub. L. 86648,  10 July 14, 1960 74 Stat. 505 Pub. L. 89236,  13 Oct. 3, 1965 79 Stat. 918 Pub. L. 94571,  6 Oct. 20, 1976 90 Stat. 2705 Pub. L. 97116,  5(d)(2) Dec. 29, 1981 95 Stat. 1614 Pub. L. 99603, title I,  117 Nov. 6, 1986 100 Stat. 3384 Pub. L. 99639 Nov. 10, 1986 100 Stat. 3542 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2611 Pub. L. 101649, title I Nov. 29, 1990 104 Stat. 5011 Pub. L. 102110,  2(c) Oct. 1, 1991 105 Stat. 556 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1744 Pub. L. 103317, title V,  506(b) Aug. 26, 1994 108 Stat. 1765 Pub. L. 103322, title XIII,  130003(c) Sept. 13, 1994 108 Stat. 2025 Pub. L. 103416, title II,  219(k) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104132, title IV,  413(d) Apr. 24, 1996 110 Stat. 1269 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009621 Pub. L. 105119, title I Nov. 26, 1997 111 Stat. 2458 Pub. L. 106386, div. A,  107(f) Oct. 28, 2000 114 Stat. 1479 Pub. L. 106553,  1(a)(2) [title XI,  1102(c), (d)(2), 1103(c)(3)] Dec. 21, 2000 114 Stat. 2762 Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502] Dec. 21, 2000 114 Stat. 2763 Pub. L. 108193 Dec. 19, 2003 117 Stat. 2879 Pub. L. 109162, title VIII,  803 Jan. 5, 2006 119 Stat. 3054 Pub. L. 109271,  6(f) Aug. 12, 2006 120 Stat. 763 Pub. L. 110457, title II Dec. 23, 2008 122 Stat. 5053 Pub. L. 117103, div. BB,  102(d) Mar. 15, 2022 136 Stat. 1075  Editorial Notes  References in Text Subsection (p) of section 1184 of this title Pub. L. 108193,  8(a)(3) Dec. 19, 2003 117 Stat. 2886 Section 202 of the Immigration Reform and Control Act of 1986, referred to in subsec. (i)(1), is section 202 of Pub. L. 99603 section 1255a of this title Section 301 of the Immigration Act of 1990, referred to in subsec. (i)(1)(iii), is section 301 of Pub. L. 101649 section 1255a of this title Amendments 2022Subsec. (k). Pub. L. 117103,  102(d)(1) Subsec. (n). Pub. L. 117103,  102(d)(2) 2008Subsec. (h)(2)(A). Pub. L. 110457,  235(d)(3) section 1182(a) of this title Subsec. ( l Pub. L. 110457,  201(d)(1)(C)(ii) Pub. L. 110457,  201(d)(1)(A) Subsec. ( l Pub. L. 110457,  201(d)(1)(B) Subsec. ( l Pub. L. 110457,  201(d)(1)(C)(i) Subsec. ( l Pub. L. 110457,  201(d)(1)(C)(iii) Subsec. ( l Pub. L. 110457,  201(d)(2) Subsec. ( l Pub. L. 110457,  201(d)(3) Subsec. (m)(1). Pub. L. 110457,  201(e)(1) Subsec. (m)(5). Pub. L. 110457,  201(e)(2) 2006Subsec. (a). Pub. L. 109271,  6(f)(1) section 1154(a)(1) of this title Subsec. (c). Pub. L. 109271,  6(f)(2) section 1154(a)(1) of this title Subsec. ( l Pub. L. 109162,  803(a)(1)(A) Subsec. ( l Pub. L. 109162,  803(a)(1)(B) Subsec. ( l Pub. L. 109162,  803(a)(2) Subsec. ( l Pub. L. 109162,  803(a)(3) Subsec. (m)(1). Pub. L. 109162,  803(b)(1)(A) Subsec. (m)(1)(B). Pub. L. 109162,  803(b)(1)(B) Subsec. (m)(3). Pub. L. 109162,  803(b)(2) Subsec. (m)(4). Pub. L. 109162,  803(b)(3) 2003Subsec. ( l Pub. L. 108193,  8(a)(4)(B) l Subsec. ( l Pub. L. 108193,  4(b)(3)(A) section 1101(a)(15)(T)(ii) of this title Subsec. ( l Pub. L. 108193,  8(a)(4)(A) Subsec. ( l Pub. L. 108193,  8(a)(4)(A) Subsec. ( l Pub. L. 108193,  4(b)(3)(B) Subsec. ( l Pub. L. 108193,  8(a)(4)(A) Subsec. (m). Pub. L. 108193,  8(a)(4)(B) l 2000Subsec. (a). Pub. L. 106386,  1506(a)(1)(A) section 1154(a)(1) of this title Subsec. (c). Pub. L. 106386,  1506(a)(1)(B) section 1154(a)(1) of this title Subsec. (d). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(b)(2)] Pub. L. 106553,  1(a)(2) [title XI,  1103(c)(3)(A)] Pub. L. 106553,  1(a)(2) [title XI,  1102(d)(2)(A)] Subsec. (e)(1). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(b)(2)] Pub. L. 106553,  1(a)(2) [title XI,  1102(d)(2)(B)] Subsec. (e)(3). Pub. L. 106553,  1(a)(2) [title XI,  1103(c)(3)(B)] section 1154(a) of this title section 1184 of this title Subsec. (f). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(b)(2)] Pub. L. 106553,  1(a)(2) [title XI,  1102(d)(2)(A)] Subsec. (i)(1)(B)(i). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(a)(1)(B)] April 30, 2001 January 14, 1998 Subsec. (i)(1)(C). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(a)(1)(A), (C), (D)] Subsec. (i)(3)(B). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(a)(2)] January 14, 1998 section 1356(m) of this title Subsec. ( l Pub. L. 106386,  1513(f) l Pub. L. 106386,  107(f) l Subsec. (m). Pub. L. 106554,  1(a)(4) [div. B, title XV,  1502(b)(1)] section 1101(a)(15)(V) of this title July 1, 2000 Oct. 1, 2000 Pub. L. 106553,  1(a)(2) [title XI,  1102(c)] 1997Subsec. (c)(2). Pub. L. 105119,  111(c)(1) Subsec. (i)(1). Pub. L. 105119,  111(a) (A) entered the United States without inspection; or (B) is within one of the classes enumerated in subsection (c) of this section, may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. Subsec. (i)(3)(B). Pub. L. 105119,  110(3) section 1356(r) of this title section 1356(s) of this title Subsec. (k). Pub. L. 105119,  111(c)(2) 1996Subsec. (c)(6). Pub. L. 104208,  308(g)(10)(B) Pub. L. 104132 Subsec. (c)(7), (8). Pub. L. 104208,  375 Subsec. (e)(2). Pub. L. 104208,  308(f)(2)(C) Subsec. (e)(3). Pub. L. 104208,  308(f)(1)(O) Subsec. (i). Pub. L. 104208,  671(a)(4)(A) Subsec. (i)(1). Pub. L. 104208,  376(a)(1) Subsec. (i)(3). Pub. L. 104208,  376(a)(2) o Subsec. (j). Pub. L. 104208,  671(a)(4)(A) Subsec. (j)(3). Pub. L. 104208,  671(a)(5) 1994Subsec. (c)(5). Pub. L. 103322,  130003(c)(2) Subsec. (h)(2)(B). Pub. L. 103416 Subsec. (i). Pub. L. 103322,  130003(c)(1) Pub. L. 103317,  506(b) 1991Subsec. (b). Pub. L. 102232,  302(e)(7) Subsec. (c)(2). Pub. L. 102232,  302(d)(2)(A) Pub. L. 102110,  2(c)(1) Subsec. (e)(3). Pub. L. 102232,  308(a) Subsec. (g). Pub. L. 102110,  2(c)(2) Subsec. (h). Pub. L. 102232,  302(d)(2)(B) 1990Subsec. (b). Pub. L. 101649,  162(e)(3) Subsec. (e)(1). Pub. L. 101649,  702(a)(1) Subsec. (e)(3). Pub. L. 101649,  702(a)(2) Subsec. (f). Pub. L. 101649,  121(b)(4) 1988Subsec. (c)(2). Pub. L. 100525,  2(f)(1) Subsec. (c)(4). Pub. L. 100525,  2(p)(3) Pub. L. 99603,  313(c) Subsec. (d). Pub. L. 100525,  7(b) Pub. L. 99639,  3(b) 1986Subsec. (c). Pub. L. 99639,  5(a)(1) Subsec. (c)(2). Pub. L. 99603,  117 Subsec. (c)(4). Pub. L. 99603,  313(c) Pub. L. 100525,  2(p)(3) Subsec. (d). Pub. L. 99639,  3(b) Pub. L. 100525,  7(b) section 1101(a)(15)(K) of this title section 1186a of this title section 1101(a)(15)(K) of this title Pub. L. 99639,  2(e) Subsec. (e). Pub. L. 99639,  5(a)(2) 1981Subsec. (c)(2). Pub. L. 97116 section 1101(a)(27)(H) of this title section 1151(b) of this title 1976Subsec. (a). Pub. L. 94571 Subsec. (b). Pub. L. 94571 section 1152(e) of this title Subsec. (c). Pub. L. 94571 1965Subsec. (b). Pub. L. 89236,  13(a) section 1152 of this title section 1153(a) of this title Subsec. (c). Pub. L. 89236,  13(b) 1960Subsec. (a). Pub. L. 86648 1958 Pub. L. 85700 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by section 201 of Pub. L. 110457 Dec. 23, 2008 Dec. 23, 2008 section 201(f) of Pub. L. 110457 section 1101 of this title Effective Date of 2000 Amendments Pub. L. 106554,  1(a)(4) [div. B, title XV,  1506] Dec. 21, 2000 114 Stat. 2763 This title [amending this section, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section 1101 of this title section 1101 of this title Amendment by section 1(a)(2) [title XI,  1102(c), (d)(2)] of Pub. L. 106553 Dec. 21, 2000 section 1154 of this title Dec. 21, 2000 Pub. L. 106553 section 1101 of this title Amendment by section 1(a)(2) [title XI,  1103(c)(3)] of Pub. L. 106553 Dec. 21, 2000 section 1154 of this title Dec. 21, 2000 Pub. L. 106553 section 1101 of this title Pub. L. 106386, div. B, title V,  1506(a)(2) Oct. 28, 2000 114 Stat. 1527 The amendments made by paragraph (1) [amending this section] shall apply to applications for adjustment of status pending on or made on or after January 14, 1998 Effective Date of 1996 Amendments Amendment by section 308(f)(1)(O), (2)(C), (g)(10)(B) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  376(c) Sept. 30, 1996 110 Stat. 3009649 The amendments made by this section [amending this section and section 1356 of this title Sept. 30, 1996 Amendment by section 671(a)(4)(A), (5) of Pub. L. 104208 Pub. L. 103322 section 671(a)(7) of Pub. L. 104208 section 1101 of this title Amendment by Pub. L. 104132 Apr. 24, 1996 section 413(g) of Pub. L. 104132 section 1253 of this title Effective Date of 1994 Amendments Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Amendment by Pub. L. 103317 Oct. 1, 1994 section 506(c) of Pub. L. 103317 section 1182 of this title Effective Date of 1991 Amendments Amendment by section 302(d)(2), (e)(7) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  308(a) Dec. 12, 1991 105 Stat. 1757 Oct. 1, 1991 Amendment by Pub. L. 102110 Oct. 1, 1991 section 2(d) of Pub. L. 102110 section 1101 of this title Effective Date of 1990 Amendment Amendment by sections 121(b)(4), 162(e)(3) of Pub. L. 101649 Oct. 1, 1991 section 161(a) of Pub. L. 101649 section 1101 of this title Amendment by section 702(a) of Pub. L. 101649 Nov. 29, 1990 section 702(c) of Pub. L. 101649 section 1154 of this title Effective Date of 1988 Amendment Pub. L. 100525,  2(f)(2) Oct. 24, 1988 102 Stat. 2611 The amendments made by paragraph (1) [amending this section] and by section 117 of IRCA [ section 117 of Pub. L. 99603 November 6, 1986 Amendment by section 2(f)(1), (p)(3) of Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Amendment by section 7(b) of Pub. L. 100525 Pub. L. 99639 section 7(d) of Pub. L. 100525 section 1182 of this title Effective Date of 1986 Amendments Pub. L. 99639,  3(d)(2) Nov. 10, 1986 100 Stat. 3542 The amendment made by subsection (b) [amending this section] shall apply to adjustments occurring on or after the date of the enactment of this Act [ Nov. 10, 1986 Amendment by section 5(a) of Pub. L. 99639 Nov. 10, 1986 section 5(c) of Pub. L. 99639 section 1154 of this title Amendment by section 117 of Pub. L. 99603 Nov. 6, 1986 section 2(f)(2) of Pub. L. 100525 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94571 Oct. 20, 1976 section 10 of Pub. L. 94571 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Liberian Refugee Immigration Fairness Pub. L. 11692, div. F, title LXXVI,  7611 Dec. 20, 2019 133 Stat. 2309 Pub. L. 116260, div. O, title IX,  901 Dec. 27, 2020 134 Stat. 2155  (a)  Definitions In this section: (1)  In general Except as otherwise specifically provided, any term used in this Act [probably should be this section] that is used in the immigration laws shall have the meaning given the term in the immigration laws. (2)  Immigration laws The term immigration laws has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) (3)  Secretary The term Secretary means the Secretary of Homeland Security. (b)  Adjustment of Status. (1)  In general Except as provided in paragraph (3), the Secretary shall adjust the status of an alien described in subsection (c) to that of an alien lawfully admitted for permanent residence if the alien (A) applies for adjustment not later than 2 years after the date of the enactment of this Act [ Dec. 20, 2019 (B) is otherwise eligible to receive an immigrant visa; and (C) subject to paragraph (2), is admissible to the United States for permanent residence. (2)  Applicability of grounds of inadmissibility In determining the admissibility of an alien under paragraph (1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (3)  Exceptions An alien shall not be eligible for adjustment of status under this subsection if the Secretary determines that the alien (A) has been convicted of any aggravated felony; (B) has been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or (C) has 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. (4)  Relationship of application to certain orders. (A)  In general An alien present in the United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 (B)  Separate motion not required An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A). (C)  Effect of decision by secretary. (i)  Grant If the Secretary adjusts the status of an alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph (A) to which the alien has been subject. (ii)  Denial If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made. (c)  Aliens Eligible for Adjustment of Status. (1)  In general The benefits provided under subsection (b) shall apply to any alien who (A) (i) is a national of Liberia; and (ii) has been continuously present in the United States during the period beginning on November 20, 2014 (B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2)  Determination of continuous physical presence For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on one or more absences from the United States for one or more periods amounting, in the aggregate, of not more than 180 days. (d)  Stay of Removal. (1)  In general The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b). (2)  During certain proceedings. (A)  In general Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 (i) is in exclusion, deportation, or removal proceedings under any provision of such Act; and (ii) has submitted an application for adjustment of status under subsection (b). (B)  Exception The Secretary may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien. (3)  Work authorization. (A)  In general The Secretary may (i) authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending; and (ii) provide such alien with an employment authorized endorsement or other appropriate document signifying authorization of employment. (B)  Pending applications If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien. (e)  Record of Permanent Residence On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States. (f)  Availability of Administrative Review The Secretary shall provide applicants for adjustment of status under subsection (b) with the same right to, and procedures for, administrative review as are provided to (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (2) aliens subject to removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a (g)  Limitation on Judicial Review. (1)  In general A determination by the Secretary with respect to the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (2)  Rule of construction Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 704 of title 5 (h)  No Offset in Number of Visas Available The Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 (i)  Application of Immigration and Nationality Act Provisions. (1)  Savings provision Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act ( 8 U.S.C. 1101 (2)  Effect of eligibility for adjustment of status The eligibility of an alien to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible. Adjustment of Status for Certain Haitian Orphans Pub. L. 111293 Dec. 9, 2010 124 Stat. 3175  SECTION 1. SHORT TITLE. This Act may be cited as (1) the Help Haitian Adoptees Immediately to Integrate Act of 2010; or (2) the Help HAITI Act of 2010. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS. (a)  In General The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien (1) was inspected and granted parole into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced by the Secretary of Homeland Security on January 18, 2010 April 15, 2010 (2) is physically present in the United States; (3) is admissible to the United States as an immigrant, except as provided in subsection (c); and (4) files an application for an adjustment of status under this section not later than 3 years after the date of the enactment of this Act [ Dec. 9, 2010 (b)  Numerical Limitation The number of aliens who are granted the status of an alien lawfully admitted for permanent residence under this section shall not exceed 1400. (c)  Grounds of Inadmissibility Section 212(a)(7)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(7)(A) (d)  Visa Availability The Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act ( 8 U.S.C. 1101 (e)  Aliens Deemed To Meet Definition of Child An unmarried alien described in subsection (a) who is under the age of 18 years shall be deemed to satisfy the requirements applicable to adopted children under section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (1) the alien obtained adjustment of status under this section; and (2) a citizen of the United States adopted the alien prior to, on, or after the date of the decision granting such adjustment of status. (f)  No Immigration Benefits for Birth Parents No birth parent of an alien who obtains adjustment of status under this section shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this section or the Immigration and Nationality Act ( 8 U.S.C. 1101 SEC. 3. COMPLIANCE WITH PAYGO. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 [ 2 U.S.C. 931 Permitting Motion to Reopen Pub. L. 106554,  1(a)(4) [div. B, title XV,  1505(a)(2)] Dec. 21, 2000 114 Stat. 2763 Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an aliens conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) section 1101 of this title section 202 of Pub. L. 105100 Dec. 21, 2000 Pub. L. 106554,  1(a)(4) [div. B, title XV,  1505(b)(2)] Dec. 21, 2000 114 Stat. 2763 Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an aliens conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) section 1101 of this title section 101(h) of div. A of Pub. L. 105277 Dec. 21, 2000 Adjustment of Status of Certain Jewish Syrian Nationals Pub. L. 106378 Oct. 27, 2000 114 Stat. 1442 Dec. 31, 1991 Oct. 27, 2000 Oct. 27, 2000 Adjustment of Status of Certain Haitian Nationals Pub. L. 105277, div. A,  101(h) [title IX,  902] Oct. 21, 1998 112 Stat. 2681480 Pub. L. 106386, div. B, title V,  1511(a) Oct. 28, 2000 114 Stat. 1532 Pub. L. 106554,  1(a)(4) [div. B, title XV,  1505(b)(1)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 109162, title VIII,  824(a) Jan. 5, 2006 119 Stat. 3063 Pub. L. 110161, div. H, title I,  1502(d) Dec. 26, 2007 121 Stat. 2250  (a)  Adjustment of Status. (1)  In general. The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien (A) applies for such adjustment before April 1, 2000 (B) is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(4) (2)  Inapplicability of certain provisions In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1231(a)(5) (B) the Attorney General may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act [ 8 U.S.C. 1182(a)(9) In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3)  Relationship of application to certain orders. An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (b)  Aliens Eligible for Adjustment of Status. The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti who (1) was present in the United States on December 31, 1995 (A) filed for asylum before December 31, 1995 (B) was paroled into the United States prior to December 31, 1995 (C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) December 31, 1995 (i) arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival, (ii) became orphaned subsequent to arrival in the United States, or (iii) was abandoned by parents or guardians prior to April 1, 1998 (2) has been physically present in the United States for a continuous period beginning not later than December 31, 1995 (c)  Stay of Removal. (1)  In general. The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2)  During certain proceedings Notwithstanding any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (3)  Work authorization The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d)  Adjustment of Status for Spouses and Children. (1)  In general The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if (A) the alien is a national of Haiti; (B) (i) the alien is the spouse, child, or unmarried son or daughter of an alien who is or was eligible for classification under subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995 (ii) at the time of filing of the application for adjustment under subsection (a), the alien is the spouse or child of an alien who is or was eligible for classification under subsection (a) and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the individual described in subsection (a); and (iii) in acting on applications under this section with respect to spouses or children who have been battered or subjected to extreme cruelty, the Attorney General shall apply the provisions of section 204(a)(1)(J) [ 8 U.S.C. 1154(a)(1)(J) (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(4) (2)  Proof of continuous presence For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (e)  Availability of Administrative Review The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 (2) aliens subject to removal proceedings under section 240 of such Act [ 8 U.S.C. 1229a (f)  Limitation on Judicial Review A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g)  No Offset in Number of Visas Available When an alien is granted the status of having been lawfully admitted for permanent resident pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (h)  Application of Immigration and Nationality Act Provisions. Except as otherwise specifically provided in this title [section 101(h) [title IX] of Pub. L. 105277 section 1101 of this title 8 U.S.C. 1101 (i)  Adjustment of Status Has No Effect On Eligibility For Welfare and Public Benefits No alien whose status has been adjusted in accordance with this section and who was not a qualified alien on the date of enactment of this Act [ Oct. 21, 1998 8 U.S.C. 1641(b) Public Law 10533 111 Stat. 598 42 U.S.C. 1381 42 U.S.C. 1396 (j)  Period of Applicability. Subsection (i) shall not apply after October 1, 2003 [ Pub. L. 109162, title VIII,  824(b) Jan. 5, 2006 119 Stat. 3063 The amendment made by subsection (a)(3) [amending section 101(h) [title IX,  902] of div. A of Pub. L. 105277 Public Law 106386 114 Stat. 1491 [ Pub. L. 106386, div. B, title V,  1511(b) Oct. 28, 2000 114 Stat. 1533 The amendment made by subsection (a) [amending section 101(h) [title IX,  902] of div. A of Pub. L. 105277 section 101(h) of Public Law 105277 112 Stat. 2681538 Adjustment of Status of Certain Nicaraguans and Cubans Pub. L. 105100, title II,  202 Nov. 19, 1997 111 Stat. 2193 Pub. L. 105139,  1(a) Dec. 2, 1997 111 Stat. 2644 Pub. L. 106386, div. B, title V,  1510(a) Oct. 28, 2000 114 Stat. 1531 Pub. L. 106554,  1(a)(4) [div. B, title XV,  1505(a)(1)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 109162, title VIII,  815(a) Jan. 5, 2006 119 Stat. 3060  (a)  Adjustment of Status. (1)  In general The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien (A) applies for such adjustment before April 1, 2000 (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(4) (2)  Rules in applying certain provisions In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1231(a)(5) (B) the Attorney General may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act [ 8 U.S.C. 1182(a)(9) In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3)  Relationship of application to certain orders An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (b)  Aliens Eligible for Adjustment of Status. (1)  In general The benefits provided by subsection (a) shall apply to any alien who is a national of Nicaragua or Cuba and who has been physically present in the United States for a continuous period, beginning not later than December 1, 1995 (2)  Proof of commencement of continuous presence For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than December 1, 1995 (A) shall demonstrate that the alien, prior to December 1, 1995 (i) applied to the Attorney General for asylum; (ii) was issued an order to show cause under section 242 or 242B of the Immigration and Nationality Act [ 8 U.S.C. 1252 April 1, 1997 (iii) was placed in exclusion proceedings under section 236 of such Act [ 8 U.S.C. 1226 (iv) applied for adjustment of status under section 245 of such Act [ 8 U.S.C. 1255 (v) applied to the Attorney General for employment authorization; (vi) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (vii) applied for any other benefit under the Immigration and Nationality Act [ 8 U.S.C. 1101 December 1, 1995 (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c)  Stay of Removal; Work Authorization. (1)  In general The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2)  During certain proceedings Notwithstanding any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (3)  Work authorization The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d)  Adjustment of Status for Spouses and Children. (1)  In general The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if (A) the alien is a national of Nicaragua or Cuba; (B) the alien (i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995 (ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted, or was eligible for adjustment, to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a); (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(4) (E) applies for such adjustment before April 1, 2000 Jan. 5, 2006 (2)  Proof of continuous presence For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien (A) shall demonstrate that such period commenced not later than December 1, 1995 (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (3)  Procedure In acting on an application under this section with respect to a spouse or child who has been battered or subjected to extreme cruelty, the Attorney General shall apply section 204(a)(1)(J) [ 8 U.S.C. 1154(a)(1)(J) (e)  Availability of Administrative Review The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 (2) aliens subject to removal proceedings under section 240 of such Act [ 8 U.S.C. 1229a (f)  Limitation on Judicial Review A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g)  No Offset in Number of Visas Available When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 (h)  Application of Immigration and Nationality Act Provisions Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act [ 8 U.S.C. 1101 [ Pub. L. 109162, title VIII,  815(c) Jan. 5, 2006 119 Stat. 3060 The amendment made by subsection (b) [amending section 202(d)(3) of Pub. L. 105100 Public Law 106386 114 Stat. 1491 Adjustment of Status for Certain Polish and Hungarian Parolees Pub. L. 104208, div. C, title VI,  646 Sept. 30, 1996 110 Stat. 3009709  (a)  In General The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien (1) applies for such adjustment; (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed; (3) is admissible to the United States as an immigrant, except as provided in subsection (c); and (4) pays a fee (determined by the Attorney General) for the processing of such application. (b)  Aliens Eligible for Adjustment of Status The benefits provided in subsection (a) shall only apply to an alien who (1) was a national of Poland or Hungary; and (2) was inspected and granted parole into the United States during the period beginning on November 1, 1989 December 31, 1991 (c)  Waiver of Certain Grounds for Inadmissibility 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) (d)  Date of Approval Upon the approval of such an application for adjustment of status, the Attorney General shall create a record of the aliens admission as an alien lawfully admitted for permanent residence as of the date of the aliens inspection and parole described in subsection (b)(2). (e)  No Offset in Number of Visas Available When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act [ 8 U.S.C. 1101 Fingerprint Checks Pub. L. 103317, title V,  506(d) Aug. 26, 1994 108 Stat. 1766 The Immigration and Naturalization Service shall conduct full fingerprint identification checks through the Federal Bureau of Investigation for all individuals over sixteen years of age adjusting immigration status in the United States pursuant to this section [amending this section and section 1182 of this title section 1182 of this title Adjustment of Status of Certain Nationals of Peoples Republic of China Pub. L. 102404 Oct. 9, 1992 106 Stat. 1969  SECTION 1. SHORT TITLE. This Act may be cited as the Chinese Student Protection Act of 1992. SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLES REPUBLIC OF CHINA. (a)  In General Subject to subsection (c)(1), whenever an alien described in subsection (b) applies for adjustment of status under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 (1) The alien shall be deemed to have had a petition approved under section 204(a) of such Act [ 8 U.S.C. 1154(a) 8 U.S.C. 1153(b)(3)(A)(i) (2) The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed. (3) In determining the aliens admissibility as an immigrant, and the aliens eligibility for an immigrant visa (A) paragraphs (5) and (7)(A) of section 212(a) and section 212(e) of such Act [ 8 U.S.C. 1182(a) (B) the Attorney General may waive any other provision of section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise in the public interest. (4) The numerical level of section 202(a)(2) of such Act [ 8 U.S.C. 1152(a)(2) (5) Section 245(c) of such Act [ 8 U.S.C. 1255(c) (b)  Aliens Covered For purposes of this section, an alien described in this subsection is an alien who (1) is a national of the Peoples Republic of China described in section 1 of Executive Order No. 12711 [ 8 U.S.C. 1101 April 11, 1990 (2) has resided continuously in the United States since April 11, 1990 (3) was not physically present in the Peoples Republic of China for longer than 90 days after such date and before the date of the enactment of this Act [ Oct. 9, 1992 (c)  Condition; Dissemination of Information. (1)  Not applicable if safe return permitted Subsection (a) shall not apply to any alien if the President has determined and certified to Congress, before the first day of the application period, that conditions in the Peoples Republic of China permit aliens described in subsection (b)(1) to return to that foreign state in safety. (2)  Dissemination of information If the President has not made the certification described in paragraph (1) by the first day of the application period, the Attorney General shall, subject to the availability of appropriations, immediately broadly disseminate to aliens described in subsection (b)(1) information respecting the benefits available under this section. To the extent practicable, the Attorney General shall provide notice of these benefits to the last known mailing address of each such alien. (d)  Offset in Per Country Numerical Level. (1)  In general The numerical level under section 202(a)(2) of the Immigration and Nationality Act [ 8 U.S.C. 1152(a)(2) (2)  Allotment if section 202 applies If section 202(e) of the Immigration and Nationality Act is applied to the Peoples Republic of China in an applicable fiscal year, in applying such section (A) 300 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(3)(A)(i) of such Act [ 8 U.S.C. 1153(b)(3)(A)(i) (B) 700 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(5) of such Act in that year. (3)  Applicable fiscal year. (A)  In general In this subsection, the term applicable fiscal year means each fiscal year during the period (i) beginning with the fiscal year in which the application period begins; and (ii) ending with the first fiscal year by the end of which the cumulative number of aliens counted for all fiscal years under subparagraph (B) equals or exceeds the total number of aliens whose status has been adjusted under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 (B)  Number counted each year The number counted under this subparagraph for a fiscal year (beginning during or after the application period) is 1,000, plus the number (if any) by which (i) the immigration level under section 202(a)(2) of the Immigration and Nationality Act for the Peoples Republic of China in the fiscal year (as reduced under this subsection), exceeds (ii) the number of aliens who were chargeable to such level in the year. (e)  Application Period Defined In this section, the term application period means the 12-month period beginning July 1, 1993 Adjustment of Status for Certain H1 Nonimmigrant Nurses Pub. L. 101238,  2 Dec. 18, 1989 103 Stat. 2099 Pub. L. 101649, title I,  162(f)(1) Nov. 29, 1990 104 Stat. 5011 Pub. L. 102232, title III l Dec. 12, 1991 105 Stat. 1746  (a)  In General The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [ 8 U.S.C. 1151 8 U.S.C. 1255 (1) who, as of September 1, 1989 8 U.S.C. 1101(a)(15)(H)(i) (2) who, for at least 3 years before the date of application for adjustment of status (whether or not before, on, or after, the date of the enactment of this Act [ Dec. 18, 1989 (3) whose continued employment as a registered nurse in the United States meets the standards established for the certification described in section 212(a)(5)(A) of such Act [ 8 U.S.C. 1182(a)(5)(A) The Attorney General shall promulgate regulations to carry out this subsection by not later than 90 days after the date of the enactment of this Act. (b)  Transition For purposes of adjustment of status under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 September 1, 1989 8 U.S.C. 1101(a)(15)(H)(i) September 1, 1989 Nov. 29, 1990 Pub. L. 101649 (c)  Application of Immigration and Nationality Act Provisions The definitions contained in the Immigration and Nationality Act [ 8 U.S.C. 1101 (d)  Application Period The alien, and accompanying spouse and children, must apply for such adjustment within the 5-year period beginning on the date the Attorney General promulgates regulations required under subsection (a). [ Pub. L. 102232, title III,  302(e)(10) Dec. 12, 1991 105 Stat. 1746 section 2(b) of Pub. L. 101238 Pub. L. 101238 [ Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l section 2(a)(3) of Pub. L. 101238 Pub. L. 101649 Adjustment of Status for Certain Soviet and Indochinese Parolees Pub. L. 106429,  101(a) [title V,  586] Nov. 6, 2000 114 Stat. 1900 Pub. L. 108447, div. D, title V,  534(m)(1) Dec. 8, 2004 118 Stat. 3007  (a) The status of certain aliens from Vietnam, Cambodia, and Laos described in subsection (b) of this section may be adjusted by the Secretary of Homeland Security, under such regulations as the Secretary of Homeland Security may prescribe, to that of an alien lawfully admitted permanent residence if (1) the alien makes an application for such adjustment and pays the appropriate fee; (2) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence except as described in subsection (c); and (3) the alien had been physically present in the United States prior to October 1, 1997 (b) The benefits provided by subsection (a) shall apply to any alien who is a native or citizen of Vietnam, Laos, or Cambodia and who was inspected and paroled into the United States before October 1, 1997 October 1, 1997 (1) was paroled into the United States from Vietnam under the auspices of the Orderly Departure Program; or (2) was paroled into the United States from a refugee camp in East Asia; or (3) was paroled into the United States from a displaced person camp administered by the United Nations High Commissioner for Refugees in Thailand. (c)  Waiver of Certain Grounds for Inadmissibility The provisions of paragraphs (4), (5), and (7)(A) and (9) of section 212(a) of the Immigration and Nationality Act [ 8 U.S.C. 1182(a)(4) (d)  Date of Approval Upon the approval of such an application for adjustment of status, the Secretary of Homeland Security shall create a record of the aliens admission as a lawful permanent resident as of the date of the aliens inspection and parole described in subsection (b)(1), (b)(2) and (b)(3). (e)  No Offset in Number of Visas Available When an alien is granted the status of having been lawfully admitted for permanent residence under this section the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act [ 8 U.S.C. 1101 (f)  Adjudication of Applications The Secretary of Homeland Security shall (1) adjudicate applications for adjustment under this section, notwithstanding any limitation on the number of adjustments under this section or any deadline for such applications that previously existed in law or regulation; and (2) not charge a fee in addition to any fee that previously was submitted with such application. [ Pub. L. 108447, div. D, title V,  534(m)(7) Dec. 8, 2004 118 Stat. 3007 The amendments made by this subsection [amending section 101(a) [title V,  586] of Pub. L. 106429 Pub. L. 106429 Pub. L. 101167, title V,  599E Nov. 21, 1989 103 Stat. 1263 Pub. L. 101513, title V,  598(b) Nov. 5, 1990 104 Stat. 2063 Pub. L. 101649, title VI,  603(a)(22) Nov. 29, 1990 104 Stat. 5084 Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1757 Pub. L. 102391, title V,  582(a)(2) Oct. 6, 1992 106 Stat. 1686 Pub. L. 102511, title IX,  905(b)(2) Oct. 24, 1992 106 Stat. 3356 Pub. L. 103236, title V,  512(2) Apr. 30, 1994 108 Stat. 466 Pub. L. 103416, title II,  219(bb) Oct. 25, 1994 108 Stat. 4319 Pub. L. 104208, div. A, title I,  101(c) [title V,  575(2)] Sept. 30, 1996 110 Stat. 3009121 Pub. L. 104319, title I,  101(2) Oct. 19, 1996 110 Stat. 3865 Pub. L. 105118, title V,  574(2) Nov. 26, 1997 111 Stat. 2432 Pub. L. 105277, div. A,  101(f) [title VII,  705(2)] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 106113, div. B,  1000(a)(4) [title II,  214(2)] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106554,  1(a)(1) [title II,  212(2)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 107116, title II,  213(2) Jan. 10, 2002 115 Stat. 2200 Pub. L. 1087, div. G, title II,  213(2) Feb. 20, 2003 117 Stat. 324 Pub. L. 108199, div. E, title II,  213(2) Jan. 23, 2004 118 Stat. 253 Pub. L. 108447, div. F, title II,  213(2) Dec. 8, 2004 118 Stat. 3140 Pub. L. 109102, title V,  534(m)(2) Nov. 14, 2005 119 Stat. 2211 Pub. L. 109289, div. B, title II,  20412(b)(2) Pub. L. 1105,  2 Feb. 15, 2007 121 Stat. 25 Pub. L. 110161, div. J, title VI,  634(k)(2) Dec. 26, 2007 121 Stat. 2329 Pub. L. 1118, div. H, title VII,  7034(g)(2) Mar. 11, 2009 123 Stat. 878 Pub. L. 111117, div. F, title VII,  7034(f)(2) Dec. 16, 2009 123 Stat. 3361 Pub. L. 11210, div. B, title XI,  2121(m)(2) Apr. 15, 2011 125 Stat. 186 Pub. L. 11274, div. I, title VII,  7034(r)(2) Dec. 23, 2011 125 Stat. 1218 Pub. L. 1136, div. F, title VII,  1706(h)(2) Mar. 26, 2013 127 Stat. 430 Pub. L. 11376, div. K, title VII,  7034(m)(8)(B) Jan. 17, 2014 128 Stat. 516 Pub. L. 113235, div. J, title VII,  7034 l Dec. 16, 2014 128 Stat. 2625 Pub. L. 114113, div. K, title VII,  7034(k)(8)(B) Dec. 18, 2015 129 Stat. 2765 Pub. L. 11531, div. J, title VII,  7034(k)(5)(B) May 5, 2017 131 Stat. 651 Pub. L. 115141, div. K, title VII,  7034 l Mar. 23, 2018 132 Stat. 895 Pub. L. 1166, div. F, title VII,  7034(m)(5)(B) Feb. 15, 2019 133 Stat. 327 Pub. L. 11694, div. G, title VII,  7034 l Dec. 20, 2019 133 Stat. 2873 Pub. L. 116260, div. K, title VII,  7034 l Dec. 27, 2020 134 Stat. 1750 Pub. L. 117103, div. K, title VII,  7034 l Mar. 15, 2022 136 Stat. 623 Pub. L. 117328, div. K, title VII,  7034 l Dec. 29, 2022 136 Stat. 5033  (a)  In General The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien (1) applies for such adjustment, (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed, (3) is admissible to the United States as an immigrant, except as provided in subsection (c), and (4) pays a fee (determined by the Attorney General) for the processing of such application. (b)  Aliens Eligible for Adjustment of Status The benefits provided in subsection (a) shall only apply to an alien who (1) was a national of an independent state of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and (2) was inspected and granted parole into the United States during the period beginning on August 15, 1988 September 30, 2023 (c)  Waiver of Certain Grounds for Inadmissibility 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) (d)  Date of Approval Upon the approval of such an application for adjustment of status, the Attorney General shall create a record of the aliens admission as a lawful permanent resident as of the date of the aliens inspection and parole described in subsection (b)(2). (e)  No Offset in Number of Visas Available When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act [ 8 U.S.C. 1101 [ Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l section 599E of Pub. L. 101167 Pub. L. 101649 Pub. L. 95145, title I Oct. 28, 1977 91 Stat. 1223 Pub. L. 96212, title II,  203(i) Mar. 17, 1980 94 Stat. 108 Mar. 31, 1975 Jan. 1, 1979 Mar. 31, 1975 Mar. 31, 1975 Oct. 28, 1977 Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin Islands to Permanent Resident Alien Status Pub. L. 97271 Sept. 30, 1982 96 Stat. 1157 Pub. L. 101649, title I,  162(e)(6) Nov. 29, 1990 104 Stat. 5011 section 1101(a)(15)(H)(ii) of this title June 30, 1975 Sept. 30, 1982 Development of Eligibility Criteria for Admission of Refugees From Cambodia Pub. L. 95624,  16 Nov. 9, 1978 92 Stat. 3465 The Attorney General, in consultation with the Congress, shall develop special eligibility criteria under the current United States parole program for Indochina Refugees which would enable a larger number of refugees from Cambodia to qualify for admission to the United States. Cuban Refugees: Adjustment of Status Pub. L. 104208, div. C, title VI,  606 Sept. 30, 1996 110 Stat. 3009695  (a)  In General Public Law 89732 22 U.S.C. 6063(c) Public Law 104114 (b)  Limitation Subsection (a) shall not apply to aliens for whom an application for adjustment of status is pending on such effective date. Pub. L. 89732 Nov. 2, 1966 80 Stat. 1161 Pub. L. 94571,  8 Oct. 20, 1976 90 Stat. 2706 Pub. L. 96212, title II,  203(i) Mar. 17, 1980 94 Stat. 108 Pub. L. 106386, div. B, title V,  1509(a) Oct. 28, 2000 114 Stat. 1530 Pub. L. 109162, title VIII,  823(a) Jan. 5, 2006 119 Stat. 3063  That, notwithstanding the provisions of section 245(c) of the Immigration and Nationality Act [subsec. (c) of this section], the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 section 1154(a)(1)(J) of this title Jan. 5, 2006 Sec. 2. In the case of any alien described in section 1 of this Act who prior to the effective date thereof [ Nov. 2, 1966 Nov. 2, 1966 Sec. 3. Section 13 of the Act entitled An Act to amend the Immigration and Nationality Act, and for other purposes, approved October 3, 1965 Public Law 89236  (c) Nothing contained in subsection (b) of this section [amending subsec. (c) of this section] shall be construed to affect the validity of any application for adjustment under section 245 [this section] filed with the Attorney General prior to December 1, 1965 Pub. L. 89236 Sec. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101(a) and (b) of the Immigration and Nationality Act [section 1101(a), (b) of this title] shall apply in the administration of this Act. 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. Sec. 5. The approval of an application for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of section 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who is physically present in the United States on or before the effective date of the Immigration and Nationality Act Amendments of 1976 [see Effective Date of 1976 Amendment note above]. [ Pub. L. 109162, title VIII,  823(b) Jan. 5, 2006 119 Stat. 3063 The amendment made by subsection (a)(1) [amending Pub. L. 89732 Public Law 106386 114 Stat. 1491 [ Pub. L. 106386, div. B, title V,  1509(b) Oct. 28, 2000 114 Stat. 1531 The amendment made by subsection (a) [amending Pub. L. 89732 Public Law 103322 108 Stat. 1953 [ Pub. L. 96212, title II,  204(b)(1)(C) Mar. 17, 1980 94 Stat. 108 section 1 of Pub. L. 89732 Apr. 1, 1980  1255a. Adjustment of status of certain entrants before January 1, 1982 (a) Temporary resident status The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the alien meets the following requirements: (1) Timely application (A) During application period Except as provided in subparagraph (B), the alien must apply for such adjustment during the 12-month period beginning on a date (not later than 180 days after November 6, 1986 (B) Application within 30 days of show-cause order An alien who, at any time during the first 11 months of the 12-month period described in subparagraph (A), is the subject of an order to show cause issued under section 1252 of this title October 1, 1996 (C) Information included in application Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under section 1154(a) of this title (2) Continuous unlawful residence since 1982 (A) In general The alien must establish that he entered the United States before January 1, 1982 (B) Nonimmigrants In the case of an alien who entered the United States as a nonimmigrant before January 1, 1982 (C) Exchange visitors If the alien was at any time a nonimmigrant exchange alien (as defined in section 1101(a)(15)(J) of this title section 1182(e) of this title (3) Continuous physical presence since November 6, 1986 (A) In general The alien must establish that the alien has been continuously physically present in the United States since November 6, 1986 (B) Treatment of brief, casual, and innocent absences An alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States. (C) Admissions Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection. (4) Admissible as immigrant The alien must establish that he (A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), (B) has not been convicted of any felony or of three or more misdemeanors committed in the United States, (C) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and (D) is registered or registering under the Military Selective Service Act [ 50 U.S.C. 3801 For purposes of this subsection, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of Public Law 96422 8 U.S.C. 1522 (b) Subsequent adjustment to permanent residence and nature of temporary resident status (1) Adjustment to permanent residence The Attorney General shall adjust the status of any alien provided lawful temporary resident status under subsection (a) to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements: (A) Timely application after one years residence The alien must apply for such adjustment during the 2-year period beginning with the nineteenth month that begins after the date the alien was granted such temporary resident status. (B) Continuous residence (i) In general The alien must establish that he has continuously resided in the United States since the date the alien was granted such temporary resident status. (ii) Treatment of certain absences An alien shall not be considered to have lost the continuous residence referred to in clause (i) by reason of an absence from the United States permitted under paragraph (3)(A). (C) Admissible as immigrant The alien must establish that he (i) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), and (ii) has not been convicted of any felony or three or more misdemeanors committed in the United States. (D) Basic citizenship skills (i) In general The alien must demonstrate that he either (I) meets the requirements of section 1423(a) of this title (II) is satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English and such a knowledge and understanding of the history and government of the United States. (ii) Exception for elderly or developmentally disabled individuals The Attorney General may, in his discretion, waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older or who is developmentally disabled. (iii) Relation to naturalization examination In accordance with regulations of the Attorney General, an alien who has demonstrated under clause (i)(I) that the alien meets the requirements of section 1423(a) of this title (2) Termination of temporary residence The Attorney General shall provide for termination of temporary resident status granted an alien under subsection (a) (A) if it appears to the Attorney General that the alien was in fact not eligible for such status; (B) if the alien commits an act that (i) makes the alien inadmissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), or (ii) is convicted of any felony or three or more misdemeanors committed in the United States; or (C) at the end of the 43rd month beginning after the date the alien is granted such status, unless the alien has filed an application for adjustment of such status pursuant to paragraph (1) and such application has not been denied. (3) Authorized travel and employment during temporary residence During the period an alien is in lawful temporary resident status granted under subsection (a) (A) Authorization of travel abroad The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need. (B) Authorization of employment The Attorney General shall grant the alien authorization to engage in employment in the United States and provide to that alien an employment authorized endorsement or other appropriate work permit. (c) Applications for adjustment of status (1) To whom may be made The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed (A) with the Attorney General, or (B) with a qualified designated entity, but only if the applicant consents to the forwarding of the application to the Attorney General. As used in this section, the term qualified designated entity means an organization or person designated under paragraph (2). (2) Designation of qualified entities to receive applications For purposes of assisting in the program of legalization provided under this section, the Attorney General (A) shall designate qualified voluntary organizations and other qualified State, local, and community organizations, 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 89732 8 U.S.C. 1255 Public Law 95145 8 U.S.C. 1255 (3) Treatment of applications by designated entities Each qualified designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) 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. (4) Limitation on access to information Files and records of qualified designated entities relating to an aliens seeking assistance or information with respect to filing an application 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. (5) Confidentiality of information (A) In general Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may (i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application, for enforcement of paragraph (6), or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986; (ii) make any publication whereby the information furnished by any particular applicant can be identified; or (iii) 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. (B) Required disclosures The Attorney General shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Authorized disclosures The Attorney General may provide, in the Attorney Generals discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13 (D) Construction (i) In general Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source. (ii) Criminal convictions Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes. (E) Crime Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000. (6) Penalties for false statements in applications Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, 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, shall be fined in accordance with title 18 or imprisoned not more than five years, or both. (7) Application fees (A) Fee schedule The Attorney General shall provide for a schedule of fees to be charged for the filing of applications for adjustment under subsection (a) or (b)(1). The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) after the end of the first year of the 2-year period described in subsection (b)(1)(A). (B) Use of fees The Attorney General shall deposit payments received under this paragraph in a separate account and amounts in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this section. (C) Immigration-related unfair employment practices Not to exceed $3,000,000 of the unobligated balances remaining in the account established in subparagraph (B) shall be available in fiscal year 1992 and each fiscal year thereafter for grants, contracts, and cooperative agreements to community-based organizations for outreach programs, to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices: Provided Provided further (d) 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 aliens admissibility under subsections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B) (A) Grounds of exclusion not applicable The provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title (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 (ii) Grounds that may not be waived The following provisions of section 1182(a) of this title (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) Paragraph (3) (relating to security and related grounds). (IV) Paragraph (4) (relating to aliens likely to become public charges) insofar as it relates to an application for adjustment to permanent residence. Subclause (IV) (prohibiting the waiver of section 1182(a)(4) of this title 42 U.S.C. 1382c(a)(1) (iii) 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 (C) Medical examination The alien shall be required, at the aliens 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. (e) Temporary stay of 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)(A) and who can establish a prima facie case of eligibility to have his status adjusted under subsection (a) (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 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 prima facie application for adjustment of status under subsection (a) 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 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. (f) 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) No review for late filings No denial of adjustment of status under this section based on a late filing of an application for such adjustment may be reviewed by a court of the United States or of any State or reviewed in any administrative proceeding of the United States Government. (3) 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 a determination described in paragraph (1). (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. (4) Judicial review (A) Limitation to review of deportation There shall be judicial review of such a denial only in the judicial review of an order of deportation under section 1105a of this title October 1, 1996 (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. (C) Jurisdiction of courts Notwithstanding any other provision of law, no court shall have jurisdiction of any cause of action or claim by or on behalf of any person asserting an interest under this section unless such person in fact filed an application under this section within the period specified by subsection (a)(1), or attempted to file a complete application and application fee with an authorized legalization officer of the Service but had the application and fee refused by that officer. (g) Implementation of section (1) Regulations The Attorney General, after consultation with the Committees on the Judiciary of the House of Representatives and of the Senate, shall prescribe (A) regulations establishing a definition of the term resided continuously, as used in this section, and the evidence needed to establish that an alien has resided continuously in the United States for purposes of this section, and (B) such other regulations as may be necessary to carry out this section. (2) Considerations In prescribing regulations described in paragraph (1)(A) (A) Periods of continuous residence The Attorney General shall specify individual periods, and aggregate periods, of absence from the United States which will be considered to break a period of continuous residence in the United States and shall take into account absences due merely to brief and casual trips abroad. (B) Absences caused by deportation or advanced parole The Attorney General shall provide that (i) an alien shall not be considered to have resided continuously in the United States, if, during any period for which continuous residence is required, the alien was outside the United States as a result of a departure under an order of deportation, and (ii) any period of time during which an alien is outside the United States pursuant to the advance parole procedures of the Service shall not be considered as part of the period of time during which an alien is outside the United States for purposes of this section. (C) Waivers of certain absences The Attorney General may provide for a waiver, in the discretion of the Attorney General, of the periods specified under subparagraph (A) in the case of an absence from the United States due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien. (D) Use of certain documentation The Attorney General shall require that (i) continuous residence and physical presence in the United States must be established through documents, together with independent corroboration of the information contained in such documents, and (ii) the documents provided under clause (i) be employment-related if employment-related documents with respect to the alien are available to the applicant. (3) Interim final regulations Regulations prescribed under this section may be prescribed to take effect on an interim final basis if the Attorney General determines that this is necessary in order to implement this section in a timely manner. (h) Temporary disqualification of newly legalized aliens from receiving certain public welfare assistance (1) In general During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a), and notwithstanding any other provision of law (A) except as provided in paragraphs (2) and (3), the alien is not eligible for (i) any program of financial assistance furnished under Federal law (whether through grant, loan, guarantee, or otherwise) on the basis of financial need, as such programs are identified by the Attorney General in consultation with other appropriate heads of the various departments and agencies of Government (but in any event including the State program of assistance under part A of title IV of the Social Security Act [ 42 U.S.C. 601 (ii) medical assistance under a State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 (iii) assistance under the Food and Nutrition Act of 2008 [ 7 U.S.C. 2011 (B) a State or political subdivision therein may, to the extent consistent with subparagraph (A) and paragraphs (2) and (3), provide that the alien is not eligible for the programs of financial assistance or for medical assistance described in subparagraph (A)(ii) furnished under the law of that State or political subdivision. Unless otherwise specifically provided by this section or other law, an alien in temporary lawful residence status granted under subsection (a) shall not be considered (for purposes of any law of a State or political subdivision providing for a program of financial assistance) to be permanently residing in the United States under color of law. (2) Exceptions Paragraph (1) shall not apply (A) to a Cuban and Haitian entrant (as defined in paragraph (1) or (2)(A) of section 501(e) of Public Law 96422 8 U.S.C. 1255 April 1, 1983 (B) in the case of assistance (other than assistance under a State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 42 U.S.C. 1382c(a)(1) (3) Restricted medicaid benefits (A) Clarification of entitlement Subject to the restrictions under subparagraph (B), for the purpose of providing aliens with eligibility to receive medical assistance (i) paragraph (1) shall not apply, (ii) aliens who would be eligible for medical assistance but for the provisions of paragraph (1) shall be deemed, for purposes of title XIX of the Social Security Act [ 42 U.S.C. 1396 (iii) aliens lawfully admitted for temporary residence under this section, such status not having changed, shall be considered to be permanently residing in the United States under color of law. (B) Restriction of benefits (i) Limitation to emergency services and services for pregnant women Notwithstanding any provision of title XIX of the Social Security Act [ 42 U.S.C. 1396 42 U.S.C. 1396a(a)(10)(B) (I) emergency services (as defined for purposes of section 1916(a)(2)(D) of the Social Security Act [ 42 U.S.C. 1396 o (II) services described in section 1916(a)(2)(B) of such Act (relating to service for pregnant women). (ii) No restriction for exempt aliens and children The restrictions of clause (i) shall not apply to aliens who are described in paragraph (2) or who are under 18 years of age. (C) Definition of medical assistance In this paragraph, the term medical assistance refers to medical assistance under a State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 (4) Treatment of certain programs Assistance furnished under any of the following provisions of law shall not be construed to be financial assistance described in paragraph (1)(A)(i): (A) The Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 (B) The Child Nutrition Act of 1966 [ 42 U.S.C. 1771 (C) The The 1 1 20 U.S.C. 2301 (D) Title I of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 (E) The Headstart-Follow Through Act [ 42 U.S.C. 2921 (F) Title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 (G) Title IV of the Higher Education Act of 1965 [ 20 U.S.C. 1070 (H) The Public Health Service Act [ 42 U.S.C. 201 (I) Titles V, XVI, and XX [ 42 U.S.C. 701 42 U.S.C. 620 42 U.S.C. 301 (5) Adjustment not affecting Fascell-Stone benefits For the purpose of section 501 of the Refugee Education Assistance Act of 1980 ( Public Law 96122 2 2 Public Law 96422 8 U.S.C. 1255 (i) Dissemination of information on legalization program Beginning not later than the date designated by the Attorney General under subsection (a)(1)(A), the Attorney General, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits which aliens may receive under this section and the requirements to obtain such benefits. ( June 27, 1952, ch. 477 Pub. L. 99603, title II,  201(a)(1) Nov. 6, 1986 100 Stat. 3394 Pub. L. 100525,  2(h)(1) Oct. 24, 1988 102 Stat. 2611 Pub. L. 101649, title VI,  603(a)(13) Nov. 29, 1990 104 Stat. 5083 Pub. L. 102140, title I Oct. 28, 1991 105 Stat. 785 Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 Pub. L. 103382, title III,  394(g) Oct. 20, 1994 108 Stat. 4028 Pub. L. 103416, title I,  108(b) l Oct. 25, 1994 108 Stat. 4310 Pub. L. 104132, title IV,  431(a) Apr. 24, 1996 110 Stat. 1273 Pub. L. 104193, title I,  110(s)(2) Aug. 22, 1996 110 Stat. 2175 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009622 Pub. L. 105277, div. A,  101(f) [title VIII,  405(d)(4), (f)(4)] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 105332,  3(a) Oct. 31, 1998 112 Stat. 3125 Pub. L. 10678, title VII,  752(b)(5) Oct. 22, 1999 113 Stat. 1169 Pub. L. 109270,  2(a) Aug. 12, 2006 120 Stat. 746 Pub. L. 110234, title IV,  4002(b)(1)(B) May 22, 2008 122 Stat. 1096 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664 Pub. L. 113128, title V,  512(q) July 22, 2014 128 Stat. 1712  Editorial Notes  References in Text The Military Selective Service Act, referred to in subsec. (a)(4)(D), is act June 24, 1948, ch. 625 62 Stat. 604 Public Law 96422 Pub. L. 96422 Oct. 10, 1980 94 Stat. 1799 section 1522 of this title Public Law 89732 Pub. L. 89732 Nov. 2, 1966 80 Stat. 1161 section 1255 of this title Public Law 95145 Pub. L. 95145 Oct. 28, 1977 91 Stat. 1223 Pub. L. 95145 section 1255 of this title Pub. L. 95145 Pub. L. 9423 section 2601 of Title 22 Pub. L. 96212, title III,  312(c) Mar. 17, 1980 94 Stat. 117 Section 404 of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(5)(A)(i), is section 404 of Pub. L. 99603 Section 1105a of this title Pub. L. 104208, div. C, title III,  306(b) Sept. 30, 1996 110 Stat. 3009612 The Social Security Act, referred to in subsec. (h)(1)(A), (2)(B), (3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Section 301 of the Social Security Amendments of 1972, referred to in subsec. (h)(4)(I), is section 301 of Pub. L. 92603 Oct. 30, 1972 86 Stat. 1465 The Food and Nutrition Act of 2008, referred to in subsec. (h)(1)(A)(iii), is Pub. L. 88525 Aug. 31, 1964 78 Stat. 703 section 2011 of Title 7 The Richard B. Russell National School Lunch Act, referred to in subsec. (h)(4)(A), is act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42 The Child Nutrition Act of 1966, referred to in subsec. (h)(4)(B), is Pub. L. 89642 Oct. 11, 1966 80 Stat. 885 section 1771 of Title 42 The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (h)(4)(C), is Pub. L. 88210 Dec. 18, 1963 77 Stat. 403 Pub. L. 109270,  1(b) Aug. 12, 2006 120 Stat. 683 section 2301 of Title 20 The Elementary and Secondary Education Act of 1965, referred to in subsec. (h)(4)(D), is Pub. L. 8910 Apr. 11, 1965 79 Stat. 27 section 6301 of Title 20 The Headstart-Follow Through Act, referred to in subsec. (h)(4)(E), is title V of Pub. L. 88452 Aug. 20, 1964 78 Stat. 527 Pub. L. 9735, title VI,  683(a) Aug. 13, 1981 95 Stat. 519 The Workforce Innovation and Opportunity Act, referred to in subsec. (h)(4)(F), is Pub. L. 113128 July 22, 2014 128 Stat. 1425 section 3101 of Title 29 The Higher Education Act of 1965, referred to in subsec. (h)(4)(G), is Pub. L. 89329 Nov. 8, 1965 79 Stat. 1219 section 1001 of Title 20 The Public Health Service Act, referred to in subsec. (h)(4)(H), is act July 1, 1944, ch. 373 58 Stat. 682 section 201 of Title 42 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Prior Provisions A prior section 1255a, Pub. L. 85316,  9 Sept. 11, 1957 71 Stat. 641 Sept. 26, 1961 Pub. L. 87301,  24(a)(5) Sept. 26, 1961 75 Stat. 657 Amendments 2014Subsec. (h)(4)(F). Pub. L. 113128 2008Subsec. (h)(1)(A)(iii). Pub. L. 110246,  4002(b)(1)(B) 2006Subsec. (h)(4)(C). Pub. L. 109270 1999Subsec. (h)(4)(A). Pub. L. 10678 1998Subsec. (h)(4)(C). Pub. L. 105332 Subsec. (h)(4)(F). Pub. L. 105277,  101(f) [title VIII,  405(f)(4)] Pub. L. 105277,  101(f) [title VIII,  405(d)(4)] 1996Subsec. (a)(1)(B). Pub. L. 104208,  308(g)(5)(A)(iii) October 1, 1996 section 1252 of this title Subsec. (c)(5). Pub. L. 104208,  623(a) Pub. L. 104208,  384(d)(1) Pub. L. 104132,  431(a)(2) (I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or (II) for criminal law enforcement purposes against the alien whose application is to be disclosed. Pub. L. 104132,  431(a)(1) Subsec. (f)(4)(A). Pub. L. 104208,  308(g)(2)(B) October 1, 1996 section 1105a of this title Subsec. (f)(4)(C). Pub. L. 104208,  377(a) Subsec. (h)(1)(A)(i). Pub. L. 104193,  110(s)(2)(A) Subsec. (h)(2)(B). Pub. L. 104193,  110(s)(2)(B) 1994Subsec. (b)(1)(D)(i)(I), (iii). Pub. L. 103416,  108(b) Subsec. (c)(7)(C). Pub. L. 103416,  219 l Subsec. (h)(4)(D). Pub. L. 103382 1991Subsec. (c)(7)(C). Pub. L. 102140 Subsec. (d)(2)(B)(ii). Pub. L. 102232 1990Subsec. (b)(1)(A). Pub. L. 101649,  703(a)(1) Subsec. (b)(2)(C). Pub. L. 101649,  703(a)(2) Subsec. (c)(7)(A). Pub. L. 101649,  703(b) Subsec. (d)(2)(A). Pub. L. 101649,  603(a)(13)(A) Subsec. (d)(2)(B)(ii). Pub. L. 101649,  603(a)(13)(G) Subsec. (d)(2)(B)(ii)(I). Pub. L. 101649,  603(a)(13)(B) Subsec. (d)(2)(B)(ii)(II). Pub. L. 101649,  603(a)(13)(C) Subsec. (d)(2)(B)(ii)(III). Pub. L. 101649,  603(a)(13)(D) Subsec. (d)(2)(B)(ii)(IV). Pub. L. 101649,  603(a)(13)(E) Subsec. (d)(2)(B)(ii)(V). Pub. L. 101649,  603(a)(13)(F) Subsec. (d)(2)(B)(iii). Pub. L. 101649,  603(a)(13)(H) 1988Subsec. (a)(1)(B). Pub. L. 100525,  2(h)(1)(A) Subsec. (b)(1)(D)(ii). Pub. L. 100525,  2(h)(1)(B) Subsec. (c)(1). Pub. L. 100525,  2(h)(1)(C) Subsec. (c)(5). Pub. L. 100525,  2(h)(1)(D)(ii) section 8 of title 13 Subsec. (c)(5)(A). Pub. L. 100525,  2(h)(1)(D)(i) Subsec. (d)(2)(B)(ii). Pub. L. 100525,  2(h)(1)(E)(ii) section 1182(a)(15) of this title Subsec. (d)(2)(B)(ii)(II). Pub. L. 100525,  2(h)(1)(E)(i) section 212 of Public Law 9366 Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113128 July 22, 2014 July 1, 2015 section 506 of Pub. L. 113128 section 3101 of Title 29 Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Amendment by section 4002(b)(1)(B), (2)(J) of Pub. L. 110246 Oct. 1, 2008 section 4407 of Pub. L. 110246 section 1161 of Title 2 Effective Date of 1998 Amendment Amendment by section 101(f) [title VIII,  405(d)(4)] of Pub. L. 105277 Oct. 21, 1998 Pub. L. 105277 July 1, 2000 Pub. L. 105277 section 3502 of Title 5 Effective Date of 1996 Amendments Amendment by section 308(g)(2)(B), (5)(A)(iii) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  377(b) Sept. 30, 1996 110 Stat. 3009649 The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of the Immigration Reform and Control Act of 1986 [ Pub. L. 99603 Amendment by section 384(d)(1) of Pub. L. 104208 Sept. 30, 1996 section 384(d)(2) of Pub. L. 104208 section 1160 of this title Amendment by Pub. L. 104193 July 1, 1997 section 116 of Pub. L. 104193 section 601 of Title 42 Effective Date of 1994 Amendment Amendment by section 219( l Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l Pub. L. 101649 Effective Date of 1990 Amendment Amendment by section 603(a)(13) of Pub. L. 101649 June 1, 1991 section 601(e)(2) of Pub. L. 101649 section 1101 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Report on Citizenship of Certain Legalized Aliens Pub. L. 103416, title I,  109 Oct. 25, 1994 108 Stat. 4310 June 30, 1996 section 1160 of this title Family Unity Pub. L. 101649, title III,  301 Nov. 29, 1990 104 Stat. 5029 Pub. L. 101649, title VI,  603(a)(23) Nov. 29, 1990 104 Stat. 5084 Pub. L. 103416, title II,  206(a) Oct. 25, 1994 108 Stat. 4311 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009619  (a)  Temporary Stay of Removal and Work Authorization for Certain Eligible Immigrants The Attorney General shall provide that in the case of an alien who is an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988 December 1, 1988 (1) may not be removed or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 237(a) of the Immigration and Nationality Act [ 8 U.S.C. 1227(a) 8 U.S.C. 1182(a) (2) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit. (b)  Eligible Immigrant and Legalized Alien Defined In this section: (1) The term eligible immigrant means a qualified immigrant who is the spouse or unmarried child of a legalized alien. (2) The term legalized alien means an alien lawfully admitted for temporary or permanent residence who was provided (A) temporary or permanent residence status under section 210 of the Immigration and Nationality Act [ 8 U.S.C. 1160 (B) temporary or permanent residence status under section 245A of the Immigration and Nationality Act [ 8 U.S.C. 1255a (C) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [ Pub. L. 99603 (c)  Application of Definitions Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act [ 8 U.S.C. 1101 (d)  Temporary Disqualification From Certain Public Welfare Assistance Aliens provided the benefits of this section by virtue of their relation to a legalized alien described in subsection (b)(2)(A) or (b)(2)(B) shall be ineligible for public welfare assistance in the same manner and for the same period as the legalized alien is ineligible for such assistance under section 245A(h) or 210(f), respectively, of the Immigration and Nationality Act [ 8 U.S.C. 1255a(h) (e)  Exception for Certain Aliens An alien is not eligible for the benefits of this section if the Attorney General finds that (1) the alien has been convicted of a felony or 3 or more misdemeanors in the United States, (2) the alien is described in section 208(b)(2)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1158(b)(2)(A) (3) [the alien] has committed an act of juvenile delinquency which if committed by an adult would be classified as (A) a felony crime of violence that has an element the use or attempted use of physical force against another individual, or (B) a felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense. (f)  Construction Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to obtain benefits under this section. (g)  Effective Date This section shall take effect on October 1, 1991 [ Pub. L. 104208, div. C, title III,  383(b) Sept. 30, 1996 110 Stat. 3009652 The amendments made by subsection (a) [amending section 301 of Pub. L. 101649 Sept. 30, 1996 [ Pub. L. 103416, title II,  206(b) Oct. 25, 1994 108 Stat. 4312 The amendment made by subsection (a) [amending section 301 of Pub. L. 101649 October 1, 1991 Use of Capital Assets by Immigration and Naturalization Service Pub. L. 101162, title II Nov. 21, 1989 103 Stat. 1000 That for fiscal year 1990 and hereafter capital assets acquired by the Immigration Legalization account may be made available for the general use of the Immigration and Naturalization Service after they are no longer needed for immigration legalization purposes. Adjustment to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available Pub. L. 100204, title IX,  902 Dec. 22, 1987 101 Stat. 1400  (a)  Adjustment of Status The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) extended voluntary departure by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987 (1) applies for such adjustment within two years after the date of the enactment of this Act [ Dec. 22, 1987 (2) establishes that (A) the alien entered the United States before July 21, 1984 (3) establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act; (4) in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984 July 21, 1984 (5) meets the requirements of section 245A(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(a)(4) The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act. (b)  Status and Adjustment of Status The provisions of subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section 245A of the Immigration and Nationality Act ( 8 U.S.C. 1255a Similar provisions were contained in Pub. L. 100202,  101(a) [title IX,  901, 902] Dec. 22, 1987 101 Stat. 1329 Procedures for Property Acquisition or Leasing Pub. L. 99603, title II,  201(c)(1) Nov. 6, 1986 100 Stat. 3403 section 201 of Pub. L. 99603 Use of Retired Federal Employees Pub. L. 99603, title II,  201(c)(2) Nov. 6, 1986 100 Stat. 3403 Pub. L. 100525,  2(h)(2) Oct. 24, 1988 102 Stat. 2612 Notwithstanding any other provision of law, the retired or retainer pay of a member or former member of the Armed Forces of the United States or the pay and annuity of a retired employee of the Federal Government who retired on or before January 1, 1986 Cuban-Haitian Adjustment Pub. L. 99603, title II,  202 Nov. 6, 1986 100 Stat. 3404 Pub. L. 100525,  2(i) Oct. 24, 1988 102 Stat. 2612 Nov. 6, 1986 Jan. 1, 1982 Nov. 6, 1986 State Legalization Impact-Assistance Grants Pub. L. 99603, title II,  204 Nov. 6, 1986 100 Stat. 3405 Pub. L. 100525,  2(k) Oct. 24, 1988 102 Stat. 2612 Pub. L. 101166, title II Nov. 21, 1989 103 Stat. 1174 Pub. L. 101238,  6(a) Dec. 18, 1989 103 Stat. 2104 Pub. L. 101517, title II Nov. 5, 1990 104 Stat. 2206 Pub. L. 102170, title II Nov. 26, 1991 105 Stat. 1124 Pub. L. 102394, title II Oct. 6, 1992 106 Stat. 1808 Pub. L. 103333, title II Sept. 30, 1994 108 Stat. 2558 Pub. L. 103416, title II,  219(cc) Oct. 25, 1994 108 Stat. 4319 Pub. L. 104208, div. C, title VI,  671(b)(9) Sept. 30, 1996 110 Stat. 3009722 Pub. L. 105220, title I,  199(a)(1) Aug. 7, 1998 112 Stat. 1058 Application of Certain State Assistance Provisions Pub. L. 99603, title III,  303(c) Nov. 6, 1986 100 Stat. 3431 Pub. L. 100525,  2(n)(3) Oct. 24, 1988 102 Stat. 2613 Reports on Legalization Program Pub. L. 99603, title IV,  404 Nov. 6, 1986 100 Stat. 3442  1255b. Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence Notwithstanding any other provision of law (a) Application Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(A)(i) (b) Record of admission If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the aliens immediate family and that adjustment of the aliens status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act [ 8 U.S.C. 1152 (d) Limitations The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty. ( Pub. L. 85316,  13 Sept. 11, 1957 71 Stat. 642 Pub. L. 97116,  17 Dec. 29, 1981 95 Stat. 1619 Pub. L. 100525,  9(kk) Oct. 24, 1988 102 Stat. 2622 Pub. L. 103416, title II,  207 Oct. 25, 1994 108 Stat. 4312 Pub. L. 104208, div. C, title VI,  671(b)(4) Sept. 30, 1996 110 Stat. 3009721  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (b), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. Amendments 1996Subsec. (c). Pub. L. 104208 Pub. L. 103416,  207(2) 1994Subsec. (c). Pub. L. 103416,  207(1) Pub. L. 103416,  207(2) Pub. L. 104208 1988Subsec. (b). Pub. L. 100525 1981Subsec. (b). Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Pub. L. 103416 section 671(b)(14) of Pub. L. 104208 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  Definitions; Applicability of Section 1101(a) and (b) of This Title The definitions in subsecs. (a) and (b) of section 1101 of this title section 14 of Pub. L. 85316 section 1101 of this title  1256. Rescission of adjustment of status; effect upon naturalized citizen (a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the aliens status prior to commencement of procedures to remove the alien under section 1229a of this title (b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 1451 of this title ( June 27, 1952, ch. 477 66 Stat. 217 Pub. L. 103416, title II,  219(m) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009619  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a). Pub. L. 104208,  378(a) section 1229a of this title Pub. L. 104208,  308(e)(1)(H) 1994Subsec. (a). Pub. L. 103416 section 1254 of this title February 5, 1917 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(e)(1)(H) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  378(b) Sept. 30, 1996 110 Stat. 3009649 The amendment made by subsection (a) [amending this section] shall take effect on the title IIIA effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title Effective Date of 1994 Amendment Pub. L. 103416, title II,  219(m) Oct. 25, 1994 108 Stat. 4317 Oct. 25, 1994  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions (a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title (b) The adjustment of status required by subsection (a) shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101(a) of this title ( June 27, 1952, ch. 477 66 Stat. 218 Pub. L. 104208, div. C, title III,  308(f)(1)(P) Sept. 30, 1996 110 Stat. 3009621  Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1258. Change of nonimmigrant classification (a) The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 1182(a)(9)(B)(i) of this title section 1182(a)(9)(B)(v) of this title (1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of section 1101(a)(15) of this title (2) an alien classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title (3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title section 1182(e) of this title section 1101(a)(15) of this title (4) an alien admitted as a nonimmigrant visitor without a visa under section 1182( l section 1187 of this title (b) The exceptions specified in paragraphs (1) through (4) of subsection (a) shall not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title ( June 27, 1952, ch. 477 66 Stat. 218 Pub. L. 87256,  109(d) Sept. 21, 1961 75 Stat. 535 Pub. L. 97116,  10 Dec. 29, 1981 95 Stat. 1617 Pub. L. 99603, title III,  313(d) Nov. 6, 1986 100 Stat. 3439 Pub. L. 103322, title XIII,  130003(b)(3) Sept. 13, 1994 108 Stat. 2025 Pub. L. 104208, div. C, title III,  301(b)(2) Sept. 30, 1996 110 Stat. 3009578 Pub. L. 109162, title VIII,  821(c)(1) Jan. 5, 2006 119 Stat. 3062  Editorial Notes Amendments 2006 Pub. L. 109162 1996 Pub. L. 104208,  301(b)(2) section 1182(a)(9)(B)(i) of this title section 1182(a)(9)(B)(v) of this title Par. (1). Pub. L. 104208,  671(a)(2) Pub. L. 103322,  130003(b)(3) 1994Par. (1). Pub. L. 103322,  130003(b)(3) Pub. L. 104208,  671(a)(2) 1986Par. (4). Pub. L. 99603 1981 Pub. L. 97116 1961 Pub. L. 87256 section 1101(a) of this title Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 301(b)(2) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 671(a)(2) of Pub. L. 104208 Pub. L. 103322 section 671(a)(7) of Pub. L. 104208 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1259. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972 A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924 section 1182(a)(3)(E) of this title section 1182(a) of this title (a) entered the United States prior to January 1, 1972 (b) has had his residence in the United States continuously since such entry; (c) is a person of good moral character; and (d) is not ineligible to citizenship and is not deportable under section 1227(a)(4)(B) of this title ( June 27, 1952, ch. 477 66 Stat. 219 Pub. L. 85616 Aug. 8, 1958 72 Stat. 546 Pub. L. 89236,  19 Oct. 3, 1965 79 Stat. 920 Pub. L. 99603, title II,  203(a) Nov. 6, 1986 100 Stat. 3405 Pub. L. 100525,  2(j) Oct. 24, 1988 102 Stat. 2612 Pub. L. 101649, title VI,  603(a)(14) Nov. 29, 1990 104 Stat. 5083 Pub. L. 104132, title IV,  413(e) Apr. 24, 1996 110 Stat. 1269 Pub. L. 104208, div. C, title III,  308(g)(10)(C) Sept. 30, 1996 110 Stat. 3009625  Editorial Notes Amendments 1996Par. (d). Pub. L. 104208 Pub. L. 104132 section 1251(a)(4)(B) of this title 1990 Pub. L. 101649 1988 Pub. L. 100525 Pub. L. 99603 1986 Pub. L. 99603 Pub. L. 100525 section 1182(a)(33) of this title January 1, 1972 June 30, 1948 1965 Pub. L. 89236 June 30, 1948 June 28, 1940 1958 Pub. L. 85616 June 28, 1940 July 1, 1924 June 28, 1940 section 1182(a) of this title Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendments Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by Pub. L. 104132 Apr. 24, 1996 section 413(g) of Pub. L. 104132 section 1253 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Applicability of Numerical Limitations Pub. L. 99603, title II,  203(c) Nov. 6, 1986 100 Stat. 3405 The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [ 8 U.S.C. 1151 8 U.S.C. 1259  1260. Removal of aliens falling into distress  The Attorney General may remove from the United States any alien who falls into distress or who needs public aid from causes arising subsequent to his entry, and is desirous of being so removed, to the native country of such alien, or to the country from which he came, or to the country of which he is a citizen or subject, or to any other country to which he wishes to go and which will receive him, at the expense of the appropriation for the enforcement of this chapter. Any alien so removed shall be ineligible to apply for or receive a visa or other documentation for readmission, or to apply for admission to the United States except with the prior approval of the Attorney General. ( June 27, 1952, ch. 477 66 Stat. 219  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Part VI Special Provisions Relating to Alien Crewmen  1281. Alien crewmen (a) Arrival; submission of list; exceptions Upon arrival of any vessel or aircraft in the United States from any place outside the United States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to an immigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliens employed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require. (b) Reports of illegal landings It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to an immigration officer, in writing, as soon as discovered, all cases in which any alien crewman has illegally landed in the United States from the vessel or aircraft, together with a description of such alien and any information likely to lead to his apprehension. (c) Departure; submission of list; exceptions Before the departure of any vessel or aircraft from any port in the United States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to an immigration officer at that port (1) a list containing the names of all alien employees who were not employed thereon at the time of the arrival at that port but who will leave such port thereon at the time of the departure of such vessel or aircraft and the names of those, if any, who have been paid off or discharged, and of those, if any, who have deserted or landed at that port, or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require. (d) Violations In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens, or to report cases of desertion or landing, as required by subsections (a), (b), and (c), such owner, agent, consignee, master, or commanding officer, shall, if required by the Attorney General, pay to the Commissioner the sum of $200 for each alien concerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title section 1288 of this title (e) Regulations The Attorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United States or any port thereof within the meaning of any provision of this part. ( June 27, 1952, ch. 477 66 Stat. 219 Pub. L. 101649, title II,  203(b) Nov. 29, 1990 104 Stat. 5018 Pub. L. 102232, title III,  303(a)(3) Dec. 12, 1991 105 Stat. 1746  Editorial Notes Amendments 1991Subsec. (d). Pub. L. 102232 1990Subsec. (d). Pub. L. 101649 section 1101(a)(15)(D)(i) of this title section 1288 of this title Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 203(d) of Pub. L. 101649 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Inapplicability of Amendment by Pub. L. 101649 Amendment by section 203(b) of Pub. L. 101649 section 203(a)(2) of Pub. L. 101649 section 1288 of this title  1282. Conditional permits to land temporarily (a) Period of time No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and sections 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title (1) the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived; (2) twenty-nine days, if the immigration officer is satisfied that the crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived; or (3) 180 days, if the immigration officer determines that the crewman (A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and (B) will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period. (b) Revocation; expenses of detention Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1), take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be removed from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so removed, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 1229a of this title (c) Penalties Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) shall be fined under title 18 or imprisoned not more than 6 months, or both. ( June 27, 1952, ch. 477 66 Stat. 220 Pub. L. 101649, title V,  543(b)(1) Nov. 29, 1990 104 Stat. 5059 Pub. L. 102232, title III,  306(c)(3) Dec. 12, 1991 105 Stat. 1752 Pub. L. 104208, div. C, title III,  308(e)(2)(E) Sept. 30, 1996 110 Stat. 3009620 Pub. L. 117360,  3 Jan. 5, 2023 136 Stat. 6293  Editorial Notes Amendments 2023Subsec. (a)(3). Pub. L. 117360 1996Subsec. (b). Pub. L. 104208,  308(g)(5)(A)(i) Pub. L. 104208,  308(e)(2)(E) 1991Subsec. (c). Pub. L. 102232 1990Subsec. (c). Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title Rule of Construction For purposes of amendment by Pub. L. 117360 section 4 of Pub. L. 117360 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1283. Hospital treatment of alien crewmen afflicted with certain diseases  An alien crewman, including an alien crewman ineligible for a conditional permit to land under section 1282(a) of this title section 1285 of this title ( June 27, 1952, ch. 477 66 Stat. 221  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1284. Control of alien crewmen (a) Penalties for failure The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration officer at the expense of the airline, any alien crewman employed thereon until an immigration officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or (2) to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigration officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under section 1282 of this title (b) Prima facie evidence against transportation line Except as may be otherwise prescribed by regulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove such alien crewman. (c) Removal on other than arriving vessel or aircraft; expenses If the Attorney General finds that removal of an alien crewman under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship to such alien crewman, he may cause the alien crewman to be removed from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracticable. All expenses incurred in connection with such removal, including expenses incurred in transferring an alien crewman from one place in the United States to another under such conditions and safeguards as the Attorney General shall impose, shall be paid by the owner or owners of the vessel or aircraft on which the alien arrived in the United States. The vessel or aircraft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the Attorney General. An alien crewman who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States. ( June 27, 1952, ch. 477 66 Stat. 221 Pub. L. 101649, title V,  543(a)(4) Nov. 29, 1990 104 Stat. 5058 Pub. L. 102232, title III,  306(c)(4)(C) Dec. 12, 1991 105 Stat. 1752 Pub. L. 104208, div. C, title III,  308(e)(1)(I) Sept. 30, 1996 110 Stat. 3009619  Editorial Notes Amendments 1996 Pub. L. 104208 1991Subsec. (a). Pub. L. 102232 1990Subsec. (a). Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1285. Employment on passenger vessels of aliens afflicted with certain disabilities  It shall be unlawful for any vessel or aircraft carrying passengers between a port of the United States and a port outside thereof to have employed on board upon arrival in the United States any alien afflicted with feeble-mindedness, insanity, epilepsy, tuberculosis in any form, leprosy, or any dangerous contagious disease. If it appears to the satisfaction of the Attorney General, from an examination made by a medical officer of the United States Public Health Service, and is so certified by such officer, that any such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel or aircraft and that the existence of such affliction might have been detected by means of a competent medical examination at such time, the owner, commanding officer, agent, consignee, or master thereof shall pay for each alien so afflicted to the Commissioner the sum of $1,000. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Any such fine may, in the discretion of the Attorney General, be mitigated or remitted. ( June 27, 1952, ch. 477 66 Stat. 222 Pub. L. 101649, title V,  543(a)(5) Nov. 29, 1990 104 Stat. 5058  Editorial Notes Amendments 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1286. Discharge of alien crewmen; penalties  It shall be unlawful for any person, including the owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft, to pay off or discharge any alien crewman, except an alien lawfully admitted for permanent residence, employed on board a vessel or aircraft arriving in the United States without first having obtained the consent of the Attorney General. If it shall appear to the satisfaction of the Attorney General that any alien crewman has been paid off or discharged in the United States in violation of the provisions of this section, such owner, agent, consignee, charterer, master, commanding officer, or other person, shall pay to the Commissioner the sum of $3,000 for each such violation. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $1,500 for each violation, upon such terms as he shall think proper. ( June 27, 1952, ch. 477 66 Stat. 223 Pub. L. 101649, title V,  543(a)(6) Nov. 29, 1990 104 Stat. 5058  Editorial Notes Amendments 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1287. Alien crewmen brought into the United States with intent to evade immigration laws; penalties  Any person, including the owner, agent, consignee, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof, who shall knowingly sign on the vessels articles, or bring to the United States as one of the crew of such vessel or aircraft, any alien, with intent to permit or assist such alien to enter or land in the United States in violation of law, or who shall falsely and knowingly represent to a consular officer at the time of application for visa, or to the immigration officer at the port of arrival in the United States, that such alien is a bona fide member of the crew employed in any capacity regularly required for normal operation and services aboard such vessel or aircraft, shall be liable to a penalty not exceeding $10,000 for each such violation, for which sum such vessel or aircraft shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. ( June 27, 1952, ch. 477 66 Stat. 223 Pub. L. 101649, title V,  543(a)(7) Nov. 29, 1990 104 Stat. 5058  Editorial Notes Amendments 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1288. Limitations on performance of longshore work by alien crewmen (a) In general For purposes of section 1101(a)(15)(D)(i) of this title (b) Longshore work defined (1) In general In this section, except as provided in paragraph (2), the term longshore work means any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof. (2) Exception for safety and environmental protection The term longshore work does not include the loading or unloading of any cargo for which the Secretary of Transportation has, under the authority contained in chapter 37 of title 46 (relating to Carriage of Liquid Bulk Dangerous Cargoes), section 1321 of title 33 (A) the handling or stowage of such cargo, (B) the manning of vessels and the duties, qualifications, and training of the officers and crew of vessels carrying such cargo, and (C) the reduction or elimination of discharge during ballasting, tank cleaning, handling of such cargo. (3) Construction Nothing in this section shall be construed as broadening, limiting, or otherwise modifying the meaning or scope of longshore work for purposes of any other law, collective bargaining agreement, or international agreement. (c) Prevailing practice exception (1) Subsection (a) shall not apply to a particular activity of longshore work in and about a local port if (A) (i) there is in effect in the local port one or more collective bargaining agreements each covering at least 30 percent of the number of individuals employed in performing longshore work and (ii) each such agreement (covering such percentage of longshore workers) permits the activity to be performed by alien crewmen under the terms of such agreement; or (B) there is no collective bargaining agreement in effect in the local port covering at least 30 percent of the number of individuals employed in performing longshore work, and an employer of alien crewmen (or the employers designated agent or representative) has filed with the Secretary of Labor at least 14 days before the date of performance of the activity (or later, if necessary due to an unanticipated emergency, but not later than the date of performance of the activity) an attestation setting forth facts and evidence to show that (i) the performance of the activity by alien crewmen is permitted under the prevailing practice of the particular port as of the date of filing of the attestation and that the use of alien crewmen for such activity (I) is not during a strike or lockout in the course of a labor dispute, and (II) is not intended or designed to influence an election of a bargaining representative for workers in the local port; and (ii) notice of the attestation has been provided by the owner, agent, consignee, master, or commanding officer to the bargaining representative of longshore workers in the local port, or, where there is no such bargaining representative, notice of the attestation has been provided to longshore workers employed at the local port. In applying subparagraph (B) in the case of a particular activity of longshore work consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel, the attestation shall be required to be filed only if the Secretary of Labor finds, based on a preponderance of the evidence which may be submitted by any interested party, that the performance of such particular activity is not described in clause (i) of such subparagraph. (2) Subject to paragraph (4), an attestation under paragraph (1) shall (A) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and (B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each list under section 1281 of this title (3) An owner, agent, consignee, master, or commanding officer may meet the requirements under this subsection with respect to more than one alien crewman in a single list. (4) (A) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying owners, agents, consignees, masters, or commanding officers which have filed lists for nonimmigrants described in section 1101(a)(15)(D)(i) of this title (B) (i) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an entitys failure to meet conditions attested to, an entitys misrepresentation of a material fact in an attestation, or, in the case described in the last sentence of paragraph (1), whether the performance of the particular activity is or is not described in paragraph (1)(B)(i). (ii) 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). (iii) The Secretary shall promptly conduct an investigation under this subparagraph if there is reasonable cause to believe that an entity fails to meet conditions attested to, an entity has misrepresented a material fact in the attestation, or, in the case described in the last sentence of paragraph (1), the performance of the particular activity is not described in paragraph (1)(B)(i). (C) (i) If the Secretary determines that reasonable cause exists to conduct an investigation with respect to an attestation, a complaining party may request that the activities attested to by the employer cease during the hearing process described in subparagraph (D). If such a request is made, the attesting employer shall be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the complaining partys position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in subparagraph (D). (ii) If the Secretary determines that reasonable cause exists to conduct an investigation with respect to a matter under the last sentence of paragraph (1), a complaining party may request that the activities of the employer cease during the hearing process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph (1). If such a request is made, the employer shall be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the complaining partys position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph (1). (D) Under the process established under subparagraph (B), the Secretary shall provide, within 180 days after the date a complaint is filed (or later for good cause shown), for a determination as to whether or not a basis exists to make a finding described in subparagraph (E). The Secretary shall provide 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. (E) (i) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an entity has failed to meet a condition attested to or has made 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 $5,000 for each alien crewman performing unauthorized longshore work) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not permit the vessels owned or chartered by such entity to enter any port of the United States during a period of up to 1 year. (ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, that, in the case described in the last sentence of paragraph (1), the performance of the particular activity is not described in subparagraph (B)(i), the Secretary shall notify the Attorney General of such finding and, thereafter, the attestation described in paragraph (1) shall be required of the employer for the performance of the particular activity. (F) A finding by the Secretary of Labor under this paragraph that the performance of an activity by alien crewmen is not permitted under the prevailing practice of a local port shall preclude for one year the filing of a subsequent attestation concerning such activity in the port under paragraph (1). (5) Except as provided in paragraph (5) of subsection (d), this subsection shall not apply to longshore work performed in the State of Alaska. (d) State of Alaska exception (1) Subsection (a) shall not apply to a particular activity of longshore work at a particular location in the State of Alaska if an employer of alien crewmen has filed an attestation with the Secretary of Labor at least 30 days before the date of the first performance of the activity (or anytime up to 24 hours before the first performance of the activity, upon a showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that time) setting forth facts and evidence to show that (A) the employer will make a bona fide request for United States longshore workers who are qualified and available in sufficient numbers to perform the activity at the particular time and location from the parties to whom notice has been provided under clauses (ii) and (iii) of subparagraph (D), except that (i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement with a single labor organization described in subparagraph (D)(i), the employer may request longshore workers from only one of such contract stevedoring companies, and (ii) a request for longshore workers to an operator of a private dock may be made only for longshore work to be performed at that dock and only if the operator meets the requirements of section 932 of title 33 (B) the employer will employ all those United States longshore workers made available in response to the request made pursuant to subparagraph (A) who are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location; (C) the use of alien crewmembers for such activity is not intended or designed to influence an election of a bargaining representative for workers in the State of Alaska; and (D) notice of the attestation has been provided by the employer to (i) labor organizations which have been recognized as exclusive bargaining representatives of United States longshore workers within the meaning of the National Labor Relations Act [ 29 U.S.C. 151 (ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and (iii) operators of private docks at which the employer will use longshore workers. (2) (A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while at 1 1 (B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the employers obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such notice. (3) (A) In no case shall an employer filing an attestation be required (i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity; (ii) to provide overnight accommodations for the longshore workers while employed; or (iii) to provide transportation to the place of work, except where (I) surface transportation is available; (II) such transportation may be safely accomplished; (III) travel time to the vessel does not exceed one-half hour each way; and (IV) travel distance to the vessel from the point of embarkation does not exceed 5 miles. (B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, the travel times and travel distances specified in subclauses (III) and (IV) of subparagraph (A)(iii) shall be extended to 45 minutes and 712 miles, respectively, unless the party responding to the request for longshore workers agrees to the lesser time and distance limitations specified in those subclauses. (4) Subject to subparagraphs (A) through (D) of subsection (c)(4), attestations filed under paragraph (1) of this subsection shall (A) expire at the end of the 1-year period beginning on the date the employer anticipates the longshore work to begin, as specified in the attestation filed with the Secretary of Labor, and (B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each list under section 1281 of this title (5) (A) Except as otherwise provided by subparagraph (B), subsection (c)(3) and subparagraphs (A) through (E) of subsection (c)(4) shall apply to attestations filed under this subsection. (B) The use of alien crewmen to perform longshore work in Alaska consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed by the provisions of subsection (c). (6) For purposes of this subsection (A) the term contract stevedoring companies means those stevedoring companies licensed to do business in the State of Alaska that meet the requirements of section 932 of title 33 (B) the term employer includes any agent or representative designated by the employer; and (C) the terms qualified and available in sufficient numbers shall be defined by reference to industry standards in the State of Alaska, including safety considerations. (e) Reciprocity exception (1) In general Subject to the determination of the Secretary of State pursuant to paragraph (2), the Attorney General shall permit an alien crewman to perform an activity constituting longshore work if (A) the vessel is registered in a country that by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels; and (B) nationals of a country (or countries) which by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels hold a majority of the ownership interest in the vessel. (2) Establishment of list The Secretary of State shall, in accordance with section 553 of title 5 November 29, 1990 November 29, 1990 (3) In practice defined For purposes of this subsection, the term in practice refers to an activity normally performed in such country during the one-year period preceding the arrival of such vessel into the United States or coastal waters thereof. ( June 27, 1952, ch. 477 Pub. L. 101649, title II,  203(a)(1) Nov. 29, 1990 104 Stat. 5015 Pub. L. 102232, title III,  303(a)(4) Dec. 12, 1991 105 Stat. 1747 Pub. L. 103198,  8(a) Dec. 17, 1993 107 Stat. 2313 Pub. L. 103206, title III,  323(a) Dec. 20, 1993 107 Stat. 2428 Pub. L. 103416, title II,  219(f) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title VI,  671(e)(4)(B) Sept. 30, 1996 110 Stat. 3009723  Editorial Notes  References in Text Section 4106 of the Oil Pollution Act of 1990, referred to in subsec. (b)(2), is section 4106 of Pub. L. 101380 Aug. 18, 1990 104 Stat. 513 section 1228 of Title 33 The National Labor Relations Act, referred to in subsec. (d)(1)(D)(i), is act July 5, 1935, ch. 372 49 Stat. 452 section 167 of Title 29 Amendments 1996Subsec. (b)(2). Pub. L. 104208 1994Subsecs. (a), (c)(4)(A), (5). Pub. L. 103416,  219(gg) Pub. L. 103198,  8(b) Pub. L. 103206,  323(b) Subsec. (d). Pub. L. 103416,  219(gg) Pub. L. 103198,  8(a) Pub. L. 103206,  323(a) Subsec. (d)(3)(B). Pub. L. 103416,  219(f) Subsec. (e). Pub. L. 103416,  219(gg) Pub. L. 103198,  8(a) Pub. L. 103206,  323(a) 1993Subsec. (a). Pub. L. 103206,  323(b)(1) Pub. L. 103198,  8(b)(1) Pub. L. 103416,  219(gg) Subsec. (c)(4)(A). Pub. L. 103206,  323(b)(2) Pub. L. 103198,  8(b)(2) Pub. L. 103416,  219(gg) Subsec. (c)(5). Pub. L. 103206,  323(b)(3) Pub. L. 103198,  8(b)(3) Pub. L. 103416,  219(gg) Subsecs. (d), (e). Pub. L. 103206,  323(a) Pub. L. 103198,  8(a) Pub. L. 103416,  219(gg) 1991Subsec. (c)(2)(B). Pub. L. 102232 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date Section applicable to services performed on or after 180 days after Nov. 29, 1990 section 203(d) of Pub. L. 101649 section 1101 of this title Regulations Pub. L. 103206, title III,  323(c) Dec. 20, 1993 107 Stat. 2430  (1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section [amending this section]. (2) Attestations filed pursuant to section 258(c) ( 8 U.S.C. 1288(c) Dec. 20, 1993 Similar provisions were contained in Pub. L. 103198,  8(c) Dec. 17, 1993 107 Stat. 2315 Pub. L. 103416, title II,  219(gg) Oct. 25, 1994 108 Stat. 4319  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Inapplicability of Amendment by Pub. L. 101649 Pub. L. 101649, title II,  203(a)(2) Nov. 29, 1990 104 Stat. 5018 This section [enacting this section, amending section 1101 of this title section 1101 of this title Part VII Registration of Aliens  1301. Alien seeking entry; contents  No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with section 1201(b) of this title ( June 27, 1952, ch. 477 66 Stat. 223 Pub. L. 99653,  8 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525,  8(g) Oct. 24, 1988 102 Stat. 2617  Editorial Notes Amendments 1988 Pub. L. 100525 Pub. L. 99653 1986 Pub. L. 99653 Pub. L. 100525 section 1201(b) of this title section 1201(b) of this title Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(b) of Pub. L. 99653 section 1201 of this title  1302. Registration of aliens (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title (b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title (c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b) in the case of any nonimmigrant. ( June 27, 1952, ch. 477 66 Stat. 224 Pub. L. 99653,  9 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525,  8(h) Oct. 24, 1988 102 Stat. 2617 Pub. L. 103416, title II,  219(n) Oct. 25, 1994 108 Stat. 4317  Editorial Notes  References in Text The Alien Registration Act, 1940, referred to in subsecs. (a) and (b), is act June 28, 1940, ch. 439 54 Stat. 670 June 27, 1952 Amendments 1994Subsec. (c). Pub. L. 103416 1988 Pub. L. 100525 Pub. L. 99653 1986 Pub. L. 99653,  9 Pub. L. 100525 Pub. L. 99653,  9 section 1201(b) of this title Pub. L. 100525 Pub. L. 99653,  9 section 1201(b) of this title Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(b) of Pub. L. 99653 section 1201 of this title Effective Date Section effective 180 days after June 27, 1952 June 27, 1952 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1303. Registration of special groups (a) Notwithstanding the provisions of sections 1301 and 1302 of this title, the Attorney General is authorized to prescribe special regulations and forms for the registration and fingerprinting of (1) alien crewmen, (2) holders of border-crossing identification cards, (3) aliens confined in institutions within the United States, (4) aliens under order of removal, (5) aliens who are or have been on criminal probation or criminal parole within the United States, and (6) aliens of any other class not lawfully admitted to the United States for permanent residence. (b) The provisions of section 1302 of this title ( June 27, 1952, ch. 477 66 Stat. 224 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009619  Editorial Notes Amendments 1996Subsec. (a)(4). Pub. L. 104208,  308(e)(1)(J) Subsec. (a)(5), (6). Pub. L. 104208,  323 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(e)(1)(J) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1304. Forms for registration and fingerprinting (a) Preparation; contents The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 1301 of this title section 1302 of this title (b) Confidential nature All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to section 1357(f)(2) of this title (c) Information under oath Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths for such purpose. (d) Certificate of alien registration or alien receipt card Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General. (e) Personal possession of registration or receipt card; penalties Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both. (f) Aliens social security account number Notwithstanding any other provision of law, the Attorney General is authorized to require any alien to provide the aliens social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service. ( June 27, 1952, ch. 477 66 Stat. 224 Pub. L. 99653,  10 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525,  8(i) Oct. 24, 1988 102 Stat. 2617 Pub. L. 101649, title V,  503(b)(2) Nov. 29, 1990 104 Stat. 5049 Pub. L. 104208, div. C, title IV,  415 Sept. 30, 1996 110 Stat. 3009669  Editorial Notes  References in Text The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439 54 Stat. 670 June 27, 1952 This chapter, referred to in subsec. (d), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (f). Pub. L. 104208 1990Subsec. (b). Pub. L. 101649 section 1357(f)(2) of this title 1988Subsec. (a). Pub. L. 100525 Pub. L. 99653 1986Subsec. (a). Pub. L. 99653 Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(b) of Pub. L. 99653 section 1201 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1305. Notices of change of address (a) Notification of change Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation. (b) Current address of natives of any one or more foreign states The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require. (c) Notice to parent or legal guardian In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian. ( June 27, 1952, ch. 477 66 Stat. 225 Pub. L. 97116,  11 Dec. 29, 1981 95 Stat. 1617 Pub. L. 100525,  9 o Oct. 24, 1988 102 Stat. 2620  Editorial Notes Amendments 1988 Pub. L. 100525 1981 Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1306. Penalties (a) Willful failure to register Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both. (b) Failure to notify change of address Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title section 1305 of this title (c) Fraudulent statements Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be removed in the manner provided in part IV of this subchapter. (d) Counterfeiting Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both. ( June 27, 1952, ch. 477 66 Stat. 225 Pub. L. 104208, div. C, title III,  308(e)(2)(G) Sept. 30, 1996 110 Stat. 3009620  Editorial Notes Amendments 1996Subsecs. (b), (c). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Part VIII General Penalty Provisions  1321. Prevention of unauthorized landing of aliens (a) Failure to report; penalties It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in section 1223 of this title section 1284(a) of this title (b) Prima facie evidence Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers. (c) Liability of owners and operators of international bridges and toll roads (1) Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien. (2) (A) At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a). The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose. (B) Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection). ( June 27, 1952, ch. 477 66 Stat. 226 Pub. L. 99603, title I,  114 Nov. 6, 1986 100 Stat. 3383 Pub. L. 101649, title V,  543(a)(8) Nov. 29, 1990 104 Stat. 5058 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622  Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104208 1990Subsec. (a). Pub. L. 101649 1986Subsec. (c). Pub. L. 99603 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1322. Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; person defined (a) Any person who shall bring to the United States an alien (other than an alien crewman) who is inadmissible under section 1182(a)(1) of this title (b) No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the Commissioner. (c) Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the provisions of section 1182(a) of this title (d) As used in this section, the term person means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft. ( June 27, 1952, ch. 477 66 Stat. 226 Pub. L. 89236,  18 Oct. 3, 1965 79 Stat. 920 Pub. L. 101649, title V,  543(a)(9) Nov. 29, 1990 104 Stat. 5058 Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1757 Pub. L. 103416, title II,  219 o Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title III,  308(d)(3)(A) Sept. 30, 1996 110 Stat. 3009617  Editorial Notes Amendments 1996 Pub. L. 104208,  308(d)(4)(I)(i)(I) Subsec. (a). Pub. L. 104208,  308(d)(3)(A) Subsec. (c). Pub. L. 104208,  308(d)(4)(I)(i)(III) 1994Subsec. (a). Pub. L. 103416 1991Subsec. (a). Pub. L. 102232 1990 Pub. L. 101649,  603(a)(15)(D) Subsec. (a). Pub. L. 101649,  603(a)(15)(A) section 1182(a)(1) of this title Pub. L. 101649,  543(a)(9)(A) Subsec. (b). Pub. L. 101649,  603(a)(15)(B) section 1182(a)(7) of this title Pub. L. 101649,  543(a)(9)(B) Subsec. (c). Pub. L. 101649,  603(a)(15)(C) Pub. L. 101649,  543(a)(9)(C) Subsecs. (d), (e). Pub. L. 101649,  603(a)(15)(C) 1965Subsec. (a). Pub. L. 89236 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Pub. L. 102232, title III,  307 l Dec. 12, 1991 105 Stat. 1756 l Pub. L. 101649 Effective Date of 1990 Amendment Amendment by section 543(a)(9) of Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title Amendment by section 603(a)(15) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1965 Amendment Amendment by Pub. L. 89236 Pub. L. 89236 Oct. 3, 1965 section 20 of Pub. L. 89236 section 1151 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1323. Unlawful bringing of aliens into United States (a) Persons liable (1) It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport and an unexpired visa, if a visa was required under this chapter or regulations issued thereunder. (2) It is unlawful for an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft who is bringing an alien (except an alien crewmember) to the United States to take any consideration to be kept or returned contingent on whether an alien is admitted to, or ordered removed from, the United States. (b) Evidence If it appears to the satisfaction of the Attorney General that any alien has been so brought, such person, or transportation company, or the master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the Commissioner a fine of $3,000 for each alien so brought and, except in the case of any such alien who is admitted, or permitted to land temporarily, in addition, an amount equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter fine to be delivered by the Commissioner to the alien on whose account the assessment is made. No vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine or while such fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. (c) Remission or refund Except as provided in subsection (e), such fine shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, commanding officer, agent, charterer, and consignee of the vessel or aircraft, prior to the departure of the vessel or aircraft from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a valid passport or visa was required. (d) Repealed. Pub. L. 104208, div. C, title III,  308(e)(13) Sept. 30, 1996 110 Stat. 3009620 (e) Reduction, refund, or waiver A fine under this section may be reduced, refunded, or waived under such regulations as the Attorney General shall prescribe in cases in which (1) the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures prescribed by the Attorney General, or (2) circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver. ( June 27, 1952, ch. 477 66 Stat. 227 Pub. L. 101649, title II,  201(b) Nov. 29, 1990 104 Stat. 5014 Pub. L. 102232, title III,  306(c)(4)(D) Dec. 12, 1991 105 Stat. 1752 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4312 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009616  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(1), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a). Pub. L. 104208,  308(c)(3) Subsec. (b). Pub. L. 104208,  671(b)(7) Pub. L. 103416,  209(a)(1) Pub. L. 104208,  671(b)(6) Subsec. (d). Pub. L. 104208,  371(b)(8) Pub. L. 104208,  308(e)(13) section 1225 of this title section 1226 of this title 1994Subsec. (b). Pub. L. 103416,  219(p) Pub. L. 103416,  209(a)(1) Pub. L. 104208,  671(b)(7) Pub. L. 103416,  209(a)(2) Subsec. (c). Pub. L. 103416,  209(a)(4) Subsec. (d). Pub. L. 103416,  216 Pub. L. 103416,  209(a)(1) Pub. L. 103416,  209(a)(3) Subsec. (e). Pub. L. 103416,  209(a)(6) 1991Subsec. (b). Pub. L. 102232 1990Subsec. (a). Pub. L. 101649,  201(b)(1) Subsec. (b). Pub. L. 101649,  543(a)(10)(A) Subsec. (c). Pub. L. 101649,  201(b)(2) Subsec. (d). Pub. L. 101649,  543(a)(10)(B) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(c)(3), (e)(13) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 371(b)(8) of Pub. L. 104208 Sept. 30, 1996 section 371(d)(1) of Pub. L. 104208 section 1101 of this title Amendment by section 671(b)(6), (7) of Pub. L. 104208 Pub. L. 103416 section 671(b)(14) of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendment Pub. L. 103416, title II,  209(b) Oct. 25, 1994 108 Stat. 4312 Pub. L. 104208, div. C, title VI,  671(b)(8) Sept. 30, 1996 110 Stat. 3009722 The amendments made by this section [amending this section] shall apply with respect to aliens brought to the United States more than 60 days after the date of enactment of this Act [ Oct. 25, 1994 Amendment by section 219(p) of Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by section 543(a)(10) of Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1324. Bringing in and harboring certain aliens (a) Criminal penalties (1) (A) Any person who (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v) (I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both; (iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18 (iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both. (C) It is not a violation of clauses 1 1 (2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs (A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or (B) in the case of (i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, (ii) an offense done for the purpose of commercial advantage or private financial gain, or (iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years. (3) (A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both. (B) An alien described in this subparagraph is an alien who (i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title (ii) has been brought into the United States in violation of this subsection. (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; and (C) (i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States. (b) Seizure and forfeiture (1) In general Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General. (3) Prima facie evidence in determinations of violations In determining whether a violation of subsection (a) has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: (A) Records of any judicial or administrative proceeding in which that aliens status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (C) Testimony, by an immigration officer having personal knowledge of the facts concerning that aliens status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (c) Authority to arrest No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (d) Admissibility of videotaped witness testimony Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence. (e) Outreach program The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section. ( June 27, 1952, ch. 477 66 Stat. 228 Pub. L. 95582,  2 Nov. 2, 1978 92 Stat. 2479 Pub. L. 97116,  12 Dec. 29, 1981 95 Stat. 1617 Pub. L. 99603, title I,  112 Nov. 6, 1986 100 Stat. 3381 Pub. L. 100525,  2(d) Oct. 24, 1988 102 Stat. 2610 Pub. L. 103322, title VI,  60024 Sept. 13, 1994 108 Stat. 1981 Pub. L. 104208, div. C, title II Sept. 30, 1996 110 Stat. 3009565 Pub. L. 106185,  18(a) Apr. 25, 2000 114 Stat. 222 Pub. L. 108458, title V,  5401 Dec. 17, 2004 118 Stat. 3737 Pub. L. 10997, title VII,  796 Nov. 10, 2005 119 Stat. 2165  Editorial Notes  References in Text The Federal Rules of Evidence, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Amendments 2005Subsec. (a)(1)(C). Pub. L. 10997 2004Subsec. (a)(4). Pub. L. 108458,  5401(a) Subsec. (e). Pub. L. 108458,  5401(b) 2000Subsec. (b). Pub. L. 106185 1996Subsec. (a)(1). Pub. L. 104208,  671(a)(1) Pub. L. 103322,  60024(1)(F) Subsec. (a)(1)(A)(v). Pub. L. 104208,  203(b)(1) Subsec. (a)(1)(B)(i). Pub. L. 104208,  203(a) Subsec. (a)(1)(B)(ii). Pub. L. 104208,  203(b)(2)(B) Subsec. (a)(1)(B)(iii), (iv). Pub. L. 104208,  203(b)(2)(C) Subsec. (a)(2). Pub. L. 104208,  203(d) Subsec. (a)(2)(B). Pub. L. 104208,  203(b)(3) Subsec. (a)(2)(B)(i). Pub. L. 104208,  203(c) Subsec. (a)(3). Pub. L. 104208,  203(b)(4) Subsec. (d). Pub. L. 104208,  219 1994Subsec. (a)(1). Pub. L. 103322,  60024(1)(F) Pub. L. 104208,  671(a)(1) Pub. L. 103322,  60024(1)(A) Subsec. (a)(2)(B). Pub. L. 103322,  60024(2) 1988Subsec. (a)(1). Pub. L. 100525,  2(d)(1) Subsec. (b)(4)(C), (5). Pub. L. 100525,  2(d)(2) Pub. L. 99603,  112(b)(5) 1986Subsec. (a). Pub. L. 99603,  112(a) (1) brings into or lands in the United States, by any means of transportation or otherwise, or attempts, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise; (2) knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transportation or otherwise, in furtherance of such violation of law; (3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place, including any building or any means of transportation; or (4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection occurs: Provided, however Subsec. (b)(1). Pub. L. 99603,  112(b)(1) Subsec. (b)(2). Pub. L. 99603,  112(b)(3) Subsec. (b)(3). Pub. L. 99603,  112(b)(4) Subsec. (b)(4)(C). Pub. L. 99603,  112(b)(5) Pub. L. 100525,  2(d)(2)(A) section 484(i) of title 40 Subsec. (b)(4)(D). Pub. L. 99603,  112(b)(6) Subsec. (b)(5). Pub. L. 99603,  112(b)(7) Pub. L. 100525,  2(d)(2)(B) Provided 1981Subsec. (b). Pub. L. 97116 1978Subsecs. (b), (c). Pub. L. 95582 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106185,  21 Apr. 25, 2000 114 Stat. 225 Except as provided in section 14(c) [set out as an Effective Date note under section 2466 of title 28 section 981 of Title 18 Apr. 25, 2000 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title II,  203(f) Sept. 30, 1996 110 Stat. 3009567 This section [amending this section and enacting provisions set out as a note under section 994 of Title 28 Sept. 30, 1996 Amendment by section 671(a)(1) of Pub. L. 104208 Pub. L. 103322 section 671(a)(7) of Pub. L. 104208 section 1101 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1324a. Unlawful employment of aliens (a) Making employment of unauthorized aliens unlawful (1) In general It is unlawful for a person or other entity (A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or (B) (i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29 (2) Continuing employment It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment. (3) Defense A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral. (4) Use of labor through contract For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986 (5) Use of State employment agency documentation For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individuals referral. (6) Treatment of documentation for certain employees (A) In general For purposes of this section, if (i) an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and (ii) within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5). (B) Period The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States. (C) Liability (i) In general If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States. (ii) Rebuttal of presumption The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States. (iii) Exception Clause (i) shall not apply in any prosecution under subsection (f)(1). (7) Application to Federal Government For purposes of this section, the term entity includes an entity in any branch of the Federal Government. (b) Employment verification system The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs: (1) Attestation after examination of documentation (A) In general The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining (i) a document described in subparagraph (B), or (ii) a document described in subparagraph (C) and a document described in subparagraph (D). Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document. (B) Documents establishing both employment authorization and identity A document described in this subparagraph is an individuals (i) United States passport; 1 1 (ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document (I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, (II) is evidence of authorization of employment in the United States, and (III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (C) Documents evidencing employment authorization A document described in this subparagraph is an individuals (i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or (ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section. (D) Documents establishing identity of individual A document described in this subparagraph is an individuals (i) drivers license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or (ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a drivers license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification. (E) Authority to prohibit use of certain documents If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection. (2) Individual attestation of employment authorization The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this chapter or by the Attorney General to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a hand-written or an electronic signature. (3) Retention of verification form After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending (A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and (B) in the case of the hiring of an individual (i) three years after the date of such hiring, or (ii) one year after the date the individuals employment is terminated, whichever is later. (4) Copying of documentation permitted Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection. (5) Limitation on use of attestation form A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this chapter and sections 1001, 1028, 1546, and 1621 of title 18. (6) Good faith compliance (A) In general Except as provided in subparagraphs (B) and (C), a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. (B) Exception if failure to correct after notice Subparagraph (A) shall not apply if (i) the Service (or another enforcement agency) has explained to the person or entity the basis for the failure, (ii) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure, and (iii) the person or entity has not corrected the failure voluntarily within such period. (C) Exception for pattern or practice violators Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2). (c) No authorization of national identification cards Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (d) Evaluation and changes in employment verification system (1) Presidential monitoring and improvements in system (A) Monitoring The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose. (B) Improvements to establish secure system To the extent that the system established under subsection (b) is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2). (2) Restrictions on changes in system Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements: (A) Reliable determination of identity The system must be capable of reliably determining whether (i) a person with the identity claimed by an employee or prospective employee is eligible to work, and (ii) the employee or prospective employee is claiming the identity of another individual. (B) Using of counterfeit-resistant documents If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering. (C) Limited use of system Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien. (D) Privacy of information The system must protect the privacy and security of personal information and identifiers utilized in the system. (E) Limited denial of verification A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien. (F) Limited use for law enforcement purposes The system may not be used for law enforcement purposes, other than for enforcement of this chapter or sections 1001, 1028, 1546, and 1621 of title 18. (G) Restriction on use of new documents If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this chapter (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18) nor to be carried on ones person. (3) Notice to Congress before implementing changes (A) In general The President may not implement any change under paragraph (1) unless at least (i) 60 days, (ii) one year, in the case of a major change described in subparagraph (D)(iii), or (iii) two years, in the case of a major change described in clause (i) or (ii) of subparagraph (D), before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress. (B) Contents of report In any report under subparagraph (A) the President shall include recommendations for the establishment of civil and criminal sanctions for unauthorized use or disclosure of the information or identifiers contained in such system. (C) Congressional review of major changes (i) Hearings and review 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 any major change described in subparagraph (D), shall hold hearings respecting the feasibility and desirability of implementing such a change, and, within the two year period before implementation, shall report to their respective Houses findings on whether or not such a change should be implemented. (ii) Congressional action No major change may be implemented unless the Congress specifically provides, in an appropriations or other Act, for funds for implementation of the change. (D) Major changes defined As used in this paragraph, the term major change means a change which would (i) require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, (ii) provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal official information concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or (iii) require any change in any card used for accounting purposes under the Social Security Act [ 42 U.S.C. 301 42 U.S.C. 405(c)(2)(D) (E) General revenue funding of social security card changes Any costs incurred in developing and implementing any change described in subparagraph (D)(iii) for purposes of this subsection shall not be paid for out of any trust fund established under the Social Security Act [ 42 U.S.C. 301 (4) Demonstration projects (A) Authority The President may undertake demonstration projects (consistent with paragraph (2)) of different changes in the requirements of subsection (b). No such project may extend over a period of longer than five years. (B) Reports on projects The President shall report to the Congress on the results of demonstration projects conducted under this paragraph. (e) Compliance (1) Complaints and investigations The Attorney General shall establish procedures (A) for individuals and entities to file written, signed complaints respecting potential violations of subsection (a) or (g)(1), (B) for the investigation of those complaints which, on their face, have a substantial probability of validity, (C) for the investigation of such other violations of subsection (a) or (g)(1) as the Attorney General determines to be appropriate, and (D) for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) or (g)(1) under this subsection. (2) Authority in investigations In conducting investigations and hearings under this subsection (A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated, (B) administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing, and (C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the filing of a complaint in a case under paragraph (2). In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof. (3) Hearing (A) In general Before imposing an order described in paragraph (4), (5), or (6) against a person or entity under this subsection for a violation of subsection (a) or (g)(1), the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation. (B) Conduct of hearing Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5 (C) Issuance of orders If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated subsection (a) or (g)(1), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (4), (5), or (6). (4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations With respect to a violation of subsection (a)(1)(A) or (a)(2), the order under this subsection (A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of (i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred, (ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or (iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and (B) may require the person or entity (i) to comply with the requirements of subsection (b) (or subsection (d) if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and (ii) to take such other remedial action as is appropriate. In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity. (5) Order for civil money penalty for paperwork violations With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations. (6) Order for prohibited indemnity bonds With respect to a violation of subsection (g)(1), the order under this subsection may provide for the remedy described in subsection (g)(2). (7) Administrative appellate review The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless either (A) within 30 days, an official delegated by regulation to exercise review authority over the decision and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the Attorney General pursuant to regulations, in which case the decision and order of the Attorney General shall become the final agency decision and order under this subsection. The Attorney General may not delegate the Attorney Generals authority under this paragraph to any entity which has review authority over immigration-related matters. (8) Judicial review A person or entity adversely affected by a final order respecting an assessment may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order. (9) Enforcement of orders If a person or entity fails to comply with a final order issued under this subsection against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review. (f) Criminal penalties and injunctions for pattern or practice violations (1) Criminal penalty Any person or entity which engages in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) shall be fined not more than $3,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than six months for the entire pattern or practice, or both, notwithstanding the provisions of any other Federal law relating to fine levels. (2) Enjoining of pattern or practice violations Whenever the Attorney General has reasonable cause to believe that a person or entity is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the person or entity, as the Attorney General deems necessary. (g) Prohibition of indemnity bonds (1) Prohibition It is unlawful for a person or other entity, in the hiring, recruiting, or referring for employment of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual. (2) Civil penalty Any person or entity which is determined, after notice and opportunity for an administrative hearing under subsection (e), to have violated paragraph (1) shall be subject to a civil penalty of $1,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury. (h) Miscellaneous provisions (1) Documentation In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) authorized to be employed in the United States, the Attorney General shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement. (2) Preemption The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens. (3) Definition of unauthorized alien As used in this section, the term unauthorized alien means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this chapter or by the Attorney General. ( June 27, 1952, ch. 477 Pub. L. 99603, title I,  101(a)(1) Nov. 6, 1986 100 Stat. 3360 Pub. L. 100525,  2(a)(1) Oct. 24, 1988 102 Stat. 2609 Pub. L. 101649, title V Nov. 29, 1990 104 Stat. 5053 Pub. L. 102232, title III Dec. 12, 1991 105 Stat. 1752 Pub. L. 103416, title II Oct. 25, 1994 108 Stat. 4314 Pub. L. 104208, div. C, title III,  379(a) Sept. 30, 1996 110 Stat. 3009649 Pub. L. 108390,  1(a) Oct. 30, 2004 118 Stat. 2242  Editorial Notes  References in Text This chapter, referred to in subsecs. (b)(2), (5), (d)(2)(F), (G), and (h)(3), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title The Social Security Act, referred to in subsec. (d)(3)(D)(iii), (E), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Amendments 2004Subsec. (b)(1)(A). Pub. L. 108390,  1(a)(1) Subsec. (b)(2). Pub. L. 108390,  1(a)(2) Subsec. (b)(3). Pub. L. 108390,  1(a)(3) 1996Subsec. (a)(6). Pub. L. 104208,  412(b) Subsec. (a)(7). Pub. L. 104208,  412(d) Subsec. (b)(1)(B). Pub. L. 104208,  412(a)(1)(A) (ii) certificate of United States citizenship; (iii) certificate of naturalization; (iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney General authorizing the individuals employment in the United States; or. Subsec. (b)(1)(B)(ii). Pub. L. 104208,  412(a)(1)(C) Subsec. (b)(1)(C). Pub. L. 104208,  412(a)(2) Subsec. (b)(1)(E). Pub. L. 104208,  412(a)(3) Subsec. (b)(6). Pub. L. 104208,  411(a) Subsec. (e)(2)(C). Pub. L. 104208,  416 Subsec. (e)(7). Pub. L. 104208,  379(a)(2) Pub. L. 104208,  379(a)(1) Subsecs. (i) to (n). Pub. L. 104208,  412(c) l 1994Subsec. (b)(3). Pub. L. 103416,  219(z)(4) Pub. L. 102232,  306(b)(2) Subsec. (d)(4)(A). Pub. L. 103416,  213 1991Subsec. (b)(1)(D)(ii). Pub. L. 102232,  309(b)(11) Subsec. (b)(3). Pub. L. 102232,  306(b)(2) Pub. L. 103416,  219(z)(4) Pub. L. 101649,  538(a) 1990Subsec. (a)(1). Pub. L. 101649,  521(a) section 1802 of title 29 Subsec. (b)(3). Pub. L. 101649,  538(a) Pub. L. 102232,  306(b)(2) Pub. L. 103416,  219(z)(4) 1988Subsec. (b)(1)(A). Pub. L. 100525,  2(a)(1)(A) Subsec. (d)(3)(D). Pub. L. 100525,  2(a)(1)(B) Subsec. (e)(1). Pub. L. 100525,  2(a)(1)(C)(i) Subsec. (e)(3). Pub. L. 100525,  2(a)(1)(C)(i) Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100525,  2(a)(1)(D) Subsec. (e)(6) to (9). Pub. L. 100525,  2(a)(1)(C)(iii) Subsec. (g)(2). Pub. L. 100525,  2(a)(1)(E) Subsec. (i)(3)(B)(iii). Pub. L. 100525,  2(a)(1)(F) Subsec. (j)(1). Pub. L. 100525,  2(a)(1)(G) November 6, 1986 Subsec. (j)(2). Pub. L. 100525,  2(a)(1)(H) Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108390,  1(b) Oct. 30, 2004 118 Stat. 2242  The amendments made by subsection (a) [amending this section] shall take effect on the earlier of (1) the date on which final regulations implementing such amendments take effect; or (2) 180 days after the date of the enactment of this Act [ Oct. 30, 2004 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title III,  379(b) Sept. 30, 1996 110 Stat. 3009650 The amendments made by subsection (a) [amending this section and section 1324c of this title Sept. 30, 1996 Pub. L. 104208, div. C, title IV,  411(b) Sept. 30, 1996 110 Stat. 3009666 The amendment made by subsection (a) [amending this section] shall apply to failures occurring on or after the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104208, div. C, title IV,  412(e) Sept. 30, 1996 110 Stat. 3009668 Pub. L. 10554,  3(a) Oct. 6, 1997 111 Stat. 1175 Pub. L. 108156,  3(d) Dec. 3, 2003 117 Stat. 1945  (1) The amendments made by subsection (a) [amending this section] shall apply with respect to hiring (or recruitment or referral) occurring on or after such date (not later than 18 months after the date of the enactment of this Act [ Sept. 30, 1996 (2) The amendment made by subsection (b) [amending this section] shall apply to individuals hired on or after 60 days after the date of the enactment of this Act. (3) The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act. (4) The amendment made by subsection (d) [amending this section] applies to hiring occurring before, on, or after the date of the enactment of this Act, but no penalty shall be imposed under subsection (e) or (f) of section 274A of the Immigration and Nationality Act [subsecs. (e) and (f) of this section] for such hiring occurring before such date. [ Pub. L. 10554,  3(b) Oct. 6, 1997 111 Stat. 1176 The amendment made by subsection (a) [amending section 412(e) of div. C of Pub. L. 104208 Pub. L. 104208 Effective Date of 1994 Amendment Pub. L. 103416, title II,  219(z) Oct. 25, 1994 108 Stat. 4318 Pub. L. 102232 Effective Date of 1991 Amendment Amendment by section 306(b)(2) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Pub. L. 101649, title V,  521(b) Nov. 29, 1990 104 Stat. 5053 The amendments made by subsection (a) [amending this section] shall apply to recruiting and referring occurring on or after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  538(b) Nov. 29, 1990 104 Stat. 5056 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 29, 1990 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title Date of Enactment of This Section for Aliens Employed Under Section 8704 of Title 46 Date of enactment of this section with respect to aliens deemed employed under section 8704 of Title 46 Jan. 11, 1988 section 5(f)(3) of Pub. L. 100239 section 8704 of Title 46  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  Delegation of Authority Authority of President under subsec. (d)(4) of this section to undertake demonstration projects of different changes in requirements of employment verification system delegated to Attorney General by section 2 of Ex. Ord. No. 12781, Nov. 20, 1991 section 301 of Title 3 Pilot Programs for Employment Eligibility Confirmation Pub. L. 104208, div. C, title IV Sept. 30, 1996 110 Stat. 3009655 Pub. L. 107128,  2 Jan. 16, 2002 115 Stat. 2407 Pub. L. 108156 Dec. 3, 2003 117 Stat. 1944 Pub. L. 11183, title V Oct. 28, 2009 123 Stat. 2177 Pub. L. 112176,  2 Sept. 28, 2012 126 Stat. 1325  SEC. 401. ESTABLISHMENT OF PROGRAMS. (a)  In General The Secretary of Homeland Security shall conduct 3 pilot programs of employment eligibility confirmation under this subtitle. (b)  Implementation Deadline; Termination The Secretary of Homeland Security shall implement the pilot programs in a manner that permits persons and other entities to have elections under section 402 of this division made and in effect no later than 1 year after the date of the enactment of this Act [ Sept. 30, 1996 September 30, 2015 (c)  Scope of Operation of Pilot Programs The Secretary of Homeland Security shall provide for the operation (1) of the E-Verify Program (described in section 403(a) of this division) in, at a minimum, 5 of the 7 States with the highest estimated population of aliens who are not lawfully present in the United States, and the Secretary of Homeland Security shall expand the operation of the program to all 50 States not later than December 1, 2004 (2) of the citizen attestation pilot program (described in section 403(b) of this division) in at least 5 States (or, if fewer, all of the States) that meet the condition described in section 403(b)(2)(A) of this division; and (3) of the machine-readable-document pilot program (described in section 403(c) of this division) in at least 5 States (or, if fewer, all of the States) that meet the condition described in section 403(c)(2) of this division. (d)  References in Subtitle In this subtitle (1)  Pilot program references The terms program or pilot program refer to any of the 3 pilot programs provided for under this subtitle. (2)  Confirmation system The term confirmation system means the confirmation system established under section 404 of this division. (3)  References to section 274a Any reference in this subtitle to section 274A (or a subdivision of such section) is deemed a reference to such section (or subdivision thereof) of the Immigration and Nationality Act [ 8 U.S.C. 1324a (4) I9 or similar form The term I9 or similar form means the form used for purposes of section 274A(b)(1)(A) or such other form as the Secretary of Homeland Security determines to be appropriate. (5)  Limited application to recruiters and referrers Any reference to recruitment or referral (or a recruiter or referrer) in relation to employment is deemed a reference only to such recruitment or referral (or recruiter or referrer) that is subject to section 274A(a)(1)(B)(ii). (6)  United states citizenship The term United States citizenship includes United States nationality. (7)  State The term State has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(36) SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM. (a)  Voluntary Election Subject to subsection (c)(3)(B), any person or other entity that conducts any hiring (or recruitment or referral) in a State in which a pilot program is operating may elect to participate in that pilot program. Except as specifically provided in subsection (e), the Secretary of Homeland Security may not require any person or other entity to participate in a pilot program. (b)  Benefit of Rebuttable Presumption. (1)  In general If a person or other entity is participating in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an individual for employment in the United States, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(1)(A) with respect to such hiring (or such recruitment or referral). (2)  Construction Paragraph (1) shall not be construed as preventing a person or other entity that has an election in effect under subsection (a) from establishing an affirmative defense under section 274A(a)(3) if the person or entity complies with the requirements of section 274A(a)(1)(B) but fails to obtain confirmation under paragraph (1). (c)  General Terms of Elections. (1)  In general An election under subsection (a) shall be in such form and manner, under such terms and conditions, and shall take effect, as the Secretary of Homeland Security shall specify. The Secretary of Homeland Security may not impose any fee as a condition of making an election or participating in a pilot program. (2)  Scope of election. (A)  In general Subject to paragraph (3), any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect) (i) to all its hiring (and all recruitment or referral) in the State (or States) in which the pilot program is operating, or (ii) to its hiring (or recruitment or referral) in one or more pilot program States or one or more places of hiring (or recruitment or referral, as the case may be) in the pilot program States. (B)  Application of programs in non-pilot program states In addition, the Secretary of Homeland Security may permit a person or entity electing the citizen attestation pilot program (described in 403(b) of this division) or the machine-readable-document pilot program (described in section 403(c) of this division) to provide that the election applies to its hiring (or recruitment or referral) in one or more States or places of hiring (or recruitment or referral) in which the pilot program is not otherwise operating but only if such States meet the requirements of 403(b)(2)(A) and 403(c)(2) of this division, respectively. (3)  Termination of elections The Secretary of Homeland Security may terminate an election by a person or other entity under this section because the person or entity has substantially failed to comply with its obligations under the pilot program. A person or other entity may terminate an election in such form and manner as the Secretary of Homeland Security shall specify. (d)  Consultation, Education, and Publicity. (1)  Consultation The Secretary of Homeland Security shall closely consult with representatives of employers (and recruiters and referrers) in the development and implementation of the pilot programs, including the education of employers (and recruiters and referrers) about such programs. (2)  Publicity The Secretary of Homeland Security shall widely publicize the election process and pilot programs, including the voluntary nature of the pilot programs and the advantages to employers (and recruiters and referrers) of making an election under this section. (3)  Assistance through district offices The Secretary of Homeland Security shall designate one or more individuals in each District office of the Immigration and Naturalization Service for a Service District in which a pilot program is being implemented (A) to inform persons and other entities that seek information about pilot programs of the voluntary nature of such programs, and (B) to assist persons and other entities in electing and participating in any pilot programs in effect in the District, in complying with the requirements of section 274A, and in facilitating confirmation of the identity and employment eligibility of individuals consistent with such section. (e)  Select Entities Required to Participate in a Pilot Program. (1)  Federal government. (A)  Executive departments. (i)  In general Each Department of the Federal Government shall elect to participate in a pilot program and shall comply with the terms and conditions of such an election. (ii)  Election Subject to clause (iii), the Secretary of each such Department (I) shall elect the pilot program (or programs) in which the Department shall participate, and (II) may limit the election to hiring occurring in certain States (or geographic areas) covered by the program (or programs) and in specified divisions within the Department, so long as all hiring by such divisions and in such locations is covered. (iii)  Role of secretary of homeland security The Secretary of Homeland Security shall assist and coordinate elections under this subparagraph in such manner as assures that (I) a significant portion of the total hiring within each Department within States covered by a pilot program is covered under such a program, and (II) there is significant participation by the Federal Executive branch in each of the pilot programs. (B)  Legislative branch Each Member of Congress, each officer of Congress, and the head of each agency of the legislative branch, that conducts hiring in a State in which a pilot program is operating shall elect to participate in a pilot program, may specify which pilot program or programs (if there is more than one) in which the Member, officer, or agency will participate, and shall comply with the terms and conditions of such an election. (2)  Application to certain violators An order under section 274A(e)(4) or section 274B(g) of the Immigration and Nationality Act [ 8 U.S.C. 1324a(e)(4) (3)  Consequence of failure to participate If a person or other entity is required under this subsection to participate in a pilot program and fails to comply with the requirements of such program with respect to an individual (A) such failure shall be treated as a violation of section 274A(a)(1)(B) with respect to that individual, and (B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A). Subparagraph (B) shall not apply in any prosecution under section 274A(f)(1). (f)  Construction This subtitle shall not affect the authority of the Secretary of Homeland Security under any other law (including section 274A(d)(4)) to conduct demonstration projects in relation to section 274A. SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS. (a)  E-Verify Program A person or other entity that elects to participate in the E-Verify Program described in this subsection agrees to conform to the following procedures in the case of the hiring (or recruitment or referral) for employment in the United States of each individual covered by the election: (1)  Provision of additional information The person or entity shall obtain from the individual (and the individual shall provide) and shall record on the I9 or similar form (A) the individuals social security account number, if the individual has been issued such a number, and (B) if the individual does not attest to United States citizenship under section 274A(b)(2), such identification or authorization number established by the Immigration and Naturalization Service for the alien as the Secretary of Homeland Security shall specify, and shall retain the original form and make it available for inspection for the period and in the manner required of I9 forms under section 274A(b)(3). (2)  Presentation of documentation. (A)  In general The person or other entity, and the individual whose identity and employment eligibility are being confirmed, shall, subject to subparagraph (B), fulfill the requirements of section 274A(b) with the following modifications: (i) A document referred to in section 274A(b)(1)(B)(ii) (as redesignated by section 412(a) of this division) must be designated by the Secretary of Homeland Security as suitable for the purpose of identification in a pilot program. (ii) A document referred to in section 274A(b)(1)(D) must contain a photograph of the individual. (iii) The person or other entity has complied with the requirements of section 274A(b)(1) with respect to examination of a document if the document reasonably appears on its face to be genuine and it reasonably appears to pertain to the individual whose identity and work eligibility is being confirmed. (B)  Limitation of requirement to examine documentation If the Secretary of Homeland Security finds that a pilot program would reliably determine with respect to an individual whether (i) the person with the identity claimed by the individual is authorized to work in the United States, and (ii) the individual is claiming the identity of another person, if a person or entity could fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(1) by examining a document specified in either subparagraph (B) or (D) of such section, the Secretary of Homeland Security may provide that, for purposes of such requirement, only such a document need be examined. In such case, any reference in section 274A(b)(1)(A) to a verification that an individual is not an unauthorized alien shall be deemed to be a verification of the individuals identity. (3)  Seeking confirmation. (A)  In general The person or other entity shall make an inquiry, as provided in section 404(a)(1) of this division, using the confirmation system to seek confirmation of the identity and employment eligibility of an individual, by not later than the end of 3 working days (as specified by the Secretary of Homeland Security) after the date of the hiring (or recruitment or referral, as the case may be). (B)  Extension of time period If the person or other entity in good faith attempts to make an inquiry during such 3 working days and the confirmation system has registered that not all inquiries were received during such time, the person or entity can make an inquiry in the first subsequent working day in which the confirmation system registers that it has received all inquiries. If the confirmation system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (4)  Confirmation or nonconfirmation. (A)  Confirmation upon initial inquiry If the person or other entity receives an appropriate confirmation of an individuals identity and work eligibility under the confirmation system within the time period specified under section 404(b) of this division, the person or entity shall record on the I9 or similar form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. (B)  Nonconfirmation upon initial inquiry and secondary verification. (i)  Nonconfirmation If the person or other entity receives a tentative nonconfirmation of an individuals identity or work eligibility under the confirmation system within the time period specified under 404(b) of this division, the person or entity shall so inform the individual for whom the confirmation is sought. (ii)  No contest If the individual does not contest the nonconfirmation within the time period specified in section 404(c) of this division, the nonconfirmation shall be considered final. The person or entity shall then record on the I9 or similar form an appropriate code which has been provided under the system to indicate a tentative nonconfirmation. (iii)  Contest If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under section 404(c) of this division. The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the confirmation system within the time period specified in such section. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. (iv)  Recording of conclusion on form If a final confirmation or nonconfirmation is provided by the confirmation system under section 404(c) of this division regarding an individual, the person or entity shall record on the I9 or similar form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (C)  Consequences of nonconfirmation. (i)  Termination or notification of continued employment If the person or other entity has received a final nonconfirmation regarding an individual under subparagraph (B), the person or entity may terminate employment (or recruitment or referral) of the individual. If the person or entity does not terminate employment (or recruitment or referral) of the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the confirmation system or in such other manner as the Secretary of Homeland Security may specify. (ii)  Failure to notify If the person or entity fails to provide notice with respect to an individual as required under clause (i), the failure is deemed to constitute a violation of section 274A(a)(1)(B) with respect to that individual and the applicable civil monetary penalty under section 274A(e)(5) shall be (notwithstanding the amounts specified in such section) no less than $500 and no more than $1,000 for each individual with respect to whom such violation occurred. (iii)  Continued employment after final nonconfirmation If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A). The previous sentence shall not apply in any prosecution under section 274A(f)(1). (b)  Citizen Attestation Pilot Program. (1)  In general Except as provided in paragraphs (3) through (5), the procedures applicable under the citizen attestation pilot program under this subsection shall be the same procedures as those under the E-Verify Program under subsection (a). (2)  Restrictions. (A)  State document requirement to participate in pilot program The Secretary of Homeland Security may not provide for the operation of the citizen attestation pilot program in a State unless each drivers license or similar identification document described in section 274A(b)(1)(D)(i) issued by the State (i) contains a photograph of the individual involved, and (ii) has been determined by the Secretary of Homeland Security to have security features, and to have been issued through application and issuance procedures, which make such document sufficiently resistant to counterfeiting, tampering, and fraudulent use that it is a reliable means of identification for purposes of this section. (B)  Authorization to limit employer participation The Secretary of Homeland Security may restrict the number of persons or other entities that may elect to participate in the citizen attestation pilot program under this subsection as the Secretary of Homeland Security determines to be necessary to produce a representative sample of employers and to reduce the potential impact of fraud. (3)  No confirmation required for certain individuals attesting to u.s. citizenship In the case of a person or other entity hiring (or recruiting or referring) an individual under the citizen attestation pilot program, if the individual attests to United States citizenship (under penalty of perjury on an I9 or similar form which form states on its face the criminal and other penalties provided under law for a false representation of United States citizenship) (A) the person or entity may fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(1) by examining a document specified in either subparagraph (B)(i) or (D) of such section; and (B) the person or other entity is not required to comply with respect to such individual with the procedures described in paragraphs (3) and (4) of subsection (a), but only if the person or entity retains the form and makes it available for inspection in the same manner as in the case of an I9 form under section 274A(b)(3). (4)  Waiver of document presentation requirement in certain cases. (A)  In general In the case of a person or entity that elects, in a manner specified by the Secretary of Homeland Security consistent with subparagraph (B), to participate in the pilot program under this paragraph, if an individual being hired (or recruited or referred) attests (in the manner described in paragraph (3)) to United States citizenship and the person or entity retains the form on which the attestation is made and makes it available for inspection in the same manner as in the case of an I9 form under section 274A(b)(3), the person or entity is not required to comply with the procedures described in section 274A(b). (B)  Restriction The Secretary of Homeland Security shall restrict the election under this paragraph to no more than 1,000 employers and, to the extent practicable, shall select among employers seeking to make such election in a manner that provides for such an election by a representative sample of employers. (5)  Nonreviewable determinations The determinations of the Secretary of Homeland Security under paragraphs (2) and (4) are within the discretion of the Secretary of Homeland Security and are not subject to judicial or administrative review. (c)  Machine-Readable-Document Pilot Program. (1)  In general Except as provided in paragraph (3), the procedures applicable under the machine-readable-document pilot program under this subsection shall be the same procedures as those under the E-Verify Program under subsection (a). (2)  State document requirement to participate in pilot program The Secretary of Homeland Security may not provide for the operation of the machine-readable-document pilot program in a State unless drivers licenses and similar identification documents described in section 274A(b)(1)(D)(i) issued by the State include a machine-readable social security account number. (3)  Use of machine-readable documents If the individual whose identity and employment eligibility must be confirmed presents to the person or entity hiring (or recruiting or referring) the individual a license or other document described in paragraph (2) that includes a machine-readable social security account number, the person or entity must make an inquiry through the confirmation system by using a machine-readable feature of such document. If the individual does not attest to United States citizenship under section 274A(b)(2), the individuals identification or authorization number described in subsection (a)(1)(B) shall be provided as part of the inquiry. (d)  Protection From Liability for Actions Taken on the Basis of Information Provided by the Confirmation System No person or entity participating in a pilot program shall be civilly or criminally liable under any law for any action taken in good faith reliance on information provided through the confirmation system. SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM. (a)  In General The Secretary of Homeland Security shall establish a pilot program confirmation system through which the Secretary of Homeland Security (or a designee of the Secretary of Homeland Security, which may be a nongovernmental entity) (1) responds to inquiries made by electing persons and other entities (including those made by the transmittal of data from machine-readable documents under the machine-readable pilot program) at any time through a toll-free telephone line or other toll-free electronic media concerning an individuals identity and whether the individual is authorized to be employed, and (2) maintains records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under the pilot programs. To the extent practicable, the Secretary of Homeland Security shall seek to establish such a system using one or more nongovernmental entities. (b)  Initial Response The confirmation system shall provide confirmation or a tentative nonconfirmation of an individuals identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the confirmation system shall provide an appropriate code indicating such confirmation or such nonconfirmation. (c)  Secondary Verification Process in Case of Tentative Nonconfirmation In cases of tentative nonconfirmation, the Secretary of Homeland Security shall specify, in consultation with the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation within 10 working days after the date of the tentative nonconfirmation. When final confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation. (d)  Design and Operation of System The confirmation system shall be designed and operated (1) to maximize its reliability and ease of use by persons and other entities making elections under section 402(a) of this division consistent with insulating and protecting the privacy and security of the underlying information; (2) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (3) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and (4) to have reasonable safeguards against the systems resulting in unlawful discriminatory practices based on national origin or citizenship status, including (A) the selective or unauthorized use of the system to verify eligibility; (B) the use of the system prior to an offer of employment; or (C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants. (e)  Responsibilities of the Commissioner of Social Security As part of the confirmation system, the Commissioner of Social Security, in consultation with the entity responsible for administration of the system, shall establish a reliable, secure method, which, within the time periods specified under subsections (b) and (c), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation). (f)  Responsibilities of the Commissioner of the Immigration and Naturalization Service As part of the confirmation system, the Commissioner of the Immigration and Naturalization Service, in consultation with the entity responsible for administration of the system, shall establish a reliable, secure method, which, within the time periods specified under subsections (b) and (c), compares the name and alien identification or authorization number described in section 403(a)(1)(B) of this division which are provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided, the correspondence of the name and number, and whether the alien is authorized to be employed in the United States. (g)  Updating Information The Commissioners of Social Security and the Immigration and Naturalization Service shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in subsection (c). (h)  Limitation on Use of the Confirmation System and Any Related Systems. (1)  In general Notwithstanding any other provision of law, nothing in this subtitle shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this subtitle for any other purpose other than as provided for under this subtitle. (2)  No national identification card Nothing in this subtitle shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. SEC. 405. REPORTS. (a)  In General The Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate reports on the pilot programs within 3 months after the end of the third and fourth years in which the programs are in effect. Such reports shall (1) assess the degree of fraudulent attesting of United States citizenship, (2) include recommendations on whether or not the pilot programs should be continued or modified, and (3) assess the benefits of the pilot programs to employers and the degree to which they assist in the enforcement of section 274A. (b)  Report on Expansion Not later than June 1, 2004 (1) evaluating whether the problems identified by the report submitted under subsection (a) have been substantially resolved; and (2) describing what actions the Secretary of Homeland Security shall take before undertaking the expansion of the E-Verify Program to all 50 States in accordance with section 401(c)(1), in order to resolve any outstanding problems raised in the report filed under subsection (a). [ Pub. L. 117328, div. O, title III,  301 Dec. 29, 2022 136 Stat. 5227 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2023 September 30, 2015 [ Pub. L. 117103, div. O, title II,  201 Mar. 15, 2022 136 Stat. 787 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2022 September 30, 2015 [ Pub. L. 116260, div. O, title I,  101 Dec. 27, 2020 134 Stat. 2148 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2021 September 30, 2015 [ Pub. L. 11694, div. I, title I,  101 Dec. 20, 2019 133 Stat. 3019 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2020 September 30, 2015 [ Pub. L. 1166, div. H, title I,  101 Feb. 15, 2019 133 Stat. 475 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2019 September 30, 2015 [ Pub. L. 115141, div. M, title II,  201 Mar. 23, 2018 132 Stat. 1049 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2018 September 30, 2015 [ Pub. L. 11531, div. F, title V,  539 May 5, 2017 131 Stat. 432 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2017 September 30, 2015 [ Pub. L. 114113, div. F, title V,  572 Dec. 18, 2015 129 Stat. 2525 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2016 Public Law 11453 Dec. 11, 2015 Pub. L. 11453, div. B,  130 Sept. 30, 2015 129 Stat. 509 [ Pub. L. 110329, div. A,  143 Sept. 30, 2008 122 Stat. 3580 Pub. L. 1118, div. J,  101 Mar. 11, 2009 123 Stat. 988 Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [ Pub. L. 104208 8 U.S.C. 1324a September 30, 2009 [ Pub. L. 107128,  3 Jan. 16, 2002 115 Stat. 2407 The amendment made by this Act [amending section 401(b) of Pub. L. 104208 Jan. 16, 2002 Report on Additional Authority or Resources Needed for Enforcement of Employer Sanctions Provisions Pub. L. 104208, div. C, title IV,  413(a) Sept. 30, 1996 110 Stat. 3009668 Pub. L. 108156,  3(d) Dec. 3, 2003 117 Stat. 1945 Sept. 30, 1996 section 1324a of this title Pilot Projects for Secure Documents Pub. L. 101238,  5 Dec. 18, 1989 103 Stat. 2104  (a)  Consultation Before June 1, 1991 8 U.S.C. 1324a September 1, 1991 (b)  Assistance for State Initiatives After such consultation described in subsection (a), the Attorney General shall make grants to, and enter into contracts with (to such extent or in such amounts as are provided in an appropriation Act), the State of California and at least 2 other States with large immigrant populations to promote any State initiatives to improve the security of State or local documents which would satisfy the requirements of section 274A(b)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1324a(b)(1) (c)  Authorization of Appropriations There are authorized to be appropriated to the Attorney General $10,000,000 for fiscal year 1992 to carry out subsection (b). (d)  Report Required The Attorney General shall report to the Committees on the Judiciary of the Senate and House of Representatives not later than August 1, 1993 8 U.S.C. 1324a Interim Regulations Pub. L. 99603, title I,  101(a)(2) Nov. 6, 1986 100 Stat. 3372 The Attorney General shall, not later than the first day of the seventh month beginning after the date of the enactment of this Act [ Nov. 6, 1986 section 1802 of Title 29 section 405 of Title 42 Grandfather Provision for Current Employees Pub. L. 99603, title I,  101(a)(3) Nov. 6, 1986 100 Stat. 3372  (A) Section 274A(a)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1324a(a)(1) Nov. 6, 1986 (B) Section 274A(a)(2) of the Immigration and Nationality Act shall not apply to continuing employment of an alien who was hired before the date of the enactment of this Act. Study of Use of Telephone Verification System for Determining Employment Eligibility of Aliens Pub. L. 99603, title I,  101(d) Nov. 6, 1986 100 Stat. 3373  (1) The Attorney General, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall conduct a study for use by the Department of Justice in determining employment eligibility of aliens in the United States. Such study shall concentrate on those data bases that are currently available to the Federal Government which through the use of a telephone and computation capability could be used to verify instantly the employment eligibility status of job applicants who are aliens. (2) Such study shall be conducted in conjunction with any existing Federal program which is designed for the purpose of providing information on the resident or employment status of aliens for employers. The study shall include an analysis of costs and benefits which shows the differences in costs and efficiency of having the Federal Government or a contractor perform this service. Such comparisons should include reference to such technical capabilities as processing techniques and time, verification techniques and time, back up safeguards, and audit trail performance. (3) Such study shall also concentrate on methods of phone verification which demonstrate the best safety and service standards, the least burden for the employer, the best capability for effective enforcement, and procedures which are within the boundaries of the Privacy Act of 1974 [ 5 U.S.C. 552a (4) Such study shall be conducted within twelve months of the date of enactment of this Act [ Nov. 6, 1986 (5) The Attorney General shall prepare and transmit to the Congress a report (A) not later than six months after the date of enactment of this Act, describing the status of such study; and (B) not later than twelve months after such date, setting forth the findings of such study. Feasibility Study of Social Security Number Validation System Pub. L. 99603, title I,  101(e) Nov. 6, 1986 100 Stat. 3373 The Secretary of Health and Human Services, acting through the Social Security Administration and in cooperation with the Attorney General and the Secretary of Labor, shall conduct a study of the feasibility and costs of establishing a social security number validation system to assist in carrying out the purposes of section 274A of the Immigration and Nationality Act [ 8 U.S.C. 1324a Nov. 6, 1986 Reports on Unauthorized Alien Employment Pub. L. 99603, title IV,  402 Nov. 6, 1986 100 Stat. 3441  The President shall transmit to Congress annual reports on the implementation of section 274A of the Immigration and Nationality Act [ 8 U.S.C. 1324a (1) an analysis of the adequacy of the employment verification system provided under subsection (b) of that section; (2) a description of the status of the development and implementation of changes in that system under subsection (d) of that section, including the results of any demonstration projects conducted under paragraph (4) of such subsection; and (3) an analysis of the impact of the enforcement of that section on (A) the employment, wages, and working conditions of United States workers and on the economy of the United States, (B) the number of aliens entering the United States illegally or who fail to maintain legal status after entry, and (C) the violation of terms and conditions of nonimmigrant visas by foreign visitors. [Functions of President under section 402 of Pub. L. 99603 Feb. 10, 1992 section 1364 of this title Executive Documents  Ex. Ord. No. 12989. Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligibility Verification System Ex. Ord. No. 12989, Feb. 13, 1996 Feb. 28, 2003 June 6, 2008 This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers. Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard. I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement. NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including sub section 121(a) of title 40 section 301 of title 3 Section 8 U.S.C. 1324a(a)(1)(A) (b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies may not enter into contracts with employers that do not use the best available means to confirm the work authorization of their workforce. (c) It is the policy of the executive branch to enforce fully the antidiscrimination provisions of the INA. Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the INA ( 8 U.S.C. 1324b (d) All discretion under this order shall be exercised consistent with the policies set forth in this section. Sec Sec 8 U.S.C. 1324a(e) (b) the Secretary of Homeland Security shall receive and may investigate complaints by employees of any entity covered under section 3(a) of this order where such complaints allege noncompliance with the INA employment provisions; and (c) the Attorney General shall hold such hearings as are required under 8 U.S.C. 1324a(e) Sec (b) The head of the contracting agency may debar the contractor or an organizational unit thereof based on the determination of the Secretary of Homeland Security or the Attorney General that it is not in compliance with the INA employment provisions. Such determination shall not be reviewable in the debarment proceedings. (c) The scope of the debarment generally should be limited to those organizational units of a Federal contractor that the Secretary of Homeland Security or the Attorney General finds are not in compliance with the INA employment provisions. (d) The period of the debarment shall be for 1 year and may be extended for additional periods of 1 year if, using the procedures established pursuant to 8 U.S.C. 1324a(e) (e) The Administrator of General Services shall list a debarred contractor or an organizational unit thereof on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs and the contractor or an organizational unit thereof shall be ineligible to participate in any procurement or nonprocurement activities. Sec (b) The Secretary of Homeland Security: (i) shall administer, maintain, and modify as necessary and appropriate the electronic employment eligibility verification system designated by the Secretary under subsection (a) of this section; and (ii) may establish with respect to such electronic employment verification system: (A) terms and conditions for use of the system; and (B) procedures for monitoring the use, failure to use, or improper use of the system. (c) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies under this order. (d) Except to the extent otherwise specified by law or this order, the Secretary of Homeland Security and the Attorney General: (i) shall administer and enforce this order; and (ii) may, after consultation to the extent appropriate with the Secretary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of such other departments or agencies as may be appropriate, issue such rules, regulations, or orders, or establish such requirements, as may be necessary and appropriate to implement this order. Sec Sec Sec (b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure. Sec (i) authority granted by law to a department or agency or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.  Delegation of Authority To Report to the Congress and To Publish in the Federal Register Proposed Changes in the Social Security Number Card Memorandum of President of the United States, Feb. 10, 1992 Memorandum for the Secretary of Health and Human Services Section 205(c)(2)(F) of the Social Security Act ( section 405(c)(2)(F) of title 42 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 274A(d)(3)(A) of the Immigration and Nationality Act (the Act) ( section 1324a(d)(3)(A) of title 8 section 301 of title 3 8 U.S.C. 1101 (1) Authorize you to prepare and transmit, to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives and to the Committee on the Judiciary and the Committee on Finance of the Senate, a written report regarding the substance of any proposed change in Social Security number cards, to the extent required by section 274A(d)(3)(A) of the Act, and (2) Authorize you to cause to have printed in the Federal Register the substance of any change in the Social Security number card so proposed and reported to the designated congressional committees, to the extent required by section 274A(d)(3)(A) of the Act. The authority delegated by this memorandum may be further redelegated within the Department of Health and Human Services. You are hereby authorized and directed to publish this memorandum in the Federal Register.  George Bush.  1324b. Unfair immigration-related employment practices (a) Prohibition of discrimination based on national origin or citizenship status (1) General rule It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a(h)(3) of this title (A) because of such individuals national origin, or (B) in the case of a protected individual (as defined in paragraph (3)), because of such individuals citizenship status. (2) Exceptions Paragraph (1) shall not apply to (A) a person or other entity that employs three or fewer employees, (B) a persons or entitys discrimination because of an individuals national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [ 42 U.S.C. 2000e2 (C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government. (3) Protected individual defined As used in paragraph (1), the term protected individual means an individual who (A) is a citizen or national of the United States, or (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a) or 1255a(a)(1) of this title, is admitted as a refugee under section 1157 of this title section 1158 of this title November 6, 1986 (4) Additional exception providing right to prefer equally qualified citizens Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified. (5) Prohibition of intimidation or retaliation It is also an unfair immigration-related employment practice for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. An individual so intimidated, threatened, coerced, or retaliated against shall be considered, for purposes of subsections (d) and (g), to have been discriminated against. (6) Treatment of certain documentary practices as employment practices A persons or other entitys request, for purposes of satisfying the requirements of section 1324a(b) of this title (b) Charges of violations (1) In general Except as provided in paragraph (2), any person alleging that the person is adversely affected directly by an unfair immigration-related employment practice (or a person on that persons behalf) or an officer of the Service alleging that an unfair immigration-related employment practice has occurred or is occurring may file a charge respecting such practice or violation with the Special Counsel (appointed under subsection (c)). Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Special Counsel by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged unfair immigration-related employment practice) on the person or entity involved within 10 days. (2) No overlap with EEOC complaints No charge may be filed respecting an unfair immigration-related employment practice described in subsection (a)(1)(A) if a charge with respect to that practice based on the same set of facts has been filed with the Equal Employment Opportunity Commission under title VII of the Civil Rights Act of 1964 [ 42 U.S.C. 2000e (c) Special Counsel (1) Appointment The President shall appoint, by and with the advice and consent of the Senate, a Special Counsel for Immigration-Related Unfair Employment Practices (hereinafter in this section referred to as the Special Counsel) within the Department of Justice to serve for a term of four years. In the case of a vacancy in the office of the Special Counsel the President may designate the officer or employee who shall act as Special Counsel during such vacancy. (2) Duties The Special Counsel shall be responsible for investigation of charges and issuance of complaints under this section and in respect of the prosecution of all such complaints before administrative law judges and the exercise of certain functions under subsection (j)(1). (3) Compensation The Special Counsel is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS17 of the General Schedule, under section 5332 of title 5 (4) Regional offices The Special Counsel, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary to carry out his duties. (d) Investigation of charges (1) By Special Counsel The Special Counsel shall investigate each charge received and, within 120 days of the date of the receipt of the charge, determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Special Counsel may, on his own initiative, conduct investigations respecting unfair immigration-related employment practices and, based on such an investigation and subject to paragraph (3), file a complaint before such a judge. (2) Private actions If the Special Counsel, after receiving such a charge respecting an unfair immigration-related employment practice which alleges knowing and intentional discriminatory activity or a pattern or practice of discriminatory activity, has not filed a complaint before an administrative law judge with respect to such charge within such 120-day period, the Special Counsel shall notify the person making the charge of the determination not to file such a complaint during such period and the person making the charge may (subject to paragraph (3)) file a complaint directly before such a judge within 90 days after the date of receipt of the notice. The Special Counsels failure to file such a complaint within such 120-day period shall not affect the right of the Special Counsel to investigate the charge or to bring a complaint before an administrative law judge during such 90-day period. (3) Time limitations on complaints No complaint may be filed respecting any unfair immigration-related employment practice occurring more than 180 days prior to the date of the filing of the charge with the Special Counsel. This subparagraph shall not prevent the subsequent amending of a charge or complaint under subsection (e)(1). (e) Hearings (1) Notice Whenever a complaint is made that a person or entity has engaged in or is engaging in any such unfair immigration-related employment practice, an administrative law judge shall have power to issue and cause to be served upon such person or entity a copy of the complaint and a notice of hearing before the judge at a place therein fixed, not less than five days after the serving of the complaint. Any such complaint may be amended by the judge conducting the hearing, upon the motion of the party filing the complaint, in the judges discretion at any time prior to the issuance of an order based thereon. The person or entity so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. (2) Judges hearing cases Hearings on complaints under this subsection shall be considered before administrative law judges who are specially designated by the Attorney General as having special training respecting employment discrimination and, to the extent practicable, before such judges who only consider cases under this section. (3) Complainant as party Any person filing a charge with the Special Counsel respecting an unfair immigration-related employment practice shall be considered a party to any complaint before an administrative law judge respecting such practice and any subsequent appeal respecting that complaint. In the discretion of the judge conducting the hearing, any other person may be allowed to intervene in the proceeding and to present testimony. (f) Testimony and authority of hearing officers (1) Testimony The testimony taken by the administrative law judge shall be reduced to writing. Thereafter, the judge, in his discretion, upon notice may provide for the taking of further testimony or hear argument. (2) Authority of administrative law judges In conducting investigations and hearings under this subsection 1 1 (g) Determinations (1) Order The administrative law judge shall issue and cause to be served on the parties to the proceeding an order, which shall be final unless appealed as provided under subsection (i). (2) Orders finding violations (A) In general If, upon the preponderance of the evidence, an administrative law judge determines that any person or entity named in the complaint has engaged in or is engaging in any such unfair immigration-related employment practice, then the judge shall state his findings of fact and shall issue and cause to be served on such person or entity an order which requires such person or entity to cease and desist from such unfair immigration-related employment practice. (B) Contents of order Such an order also may require the person or entity (i) to comply with the requirements of section 1324a(b) of this title (ii) to retain for the period referred to in clause (i) and only for purposes consistent with section 1324a(b)(5) of this title (iii) to hire individuals directly and adversely affected, with or without back pay; (iv) (I) except as provided in subclauses (II) through (IV), to pay a civil penalty of not less than $250 and not more than $2,000 for each individual discriminated against, (II) except as provided in subclauses (III) and (IV), in the case of a person or entity previously subject to a single order under this paragraph, to pay a civil penalty of not less than $2,000 and not more than $5,000 for each individual discriminated against, (III) except as provided in subclause (IV), in the case of a person or entity previously subject to more than one order under this paragraph, to pay a civil penalty of not less than $3,000 and not more than $10,000 for each individual discriminated against, and (IV) in the case of an unfair immigration-related employment practice described in subsection (a)(6), to pay a civil penalty of not less than $100 and not more than $1,000 for each individual discriminated against; (v) to post notices to employees about their rights under this section and employers obligations under section 1324a of this title (vi) to educate all personnel involved in hiring and complying with this section or section 1324a of this title (vii) to remove (in an appropriate case) a false performance review or false warning from an employees personnel file; and (viii) to lift (in an appropriate case) any restrictions on an employees assignments, work shifts, or movements. (C) Limitation on back pay remedy In providing a remedy under subparagraph (B)(iii), back pay liability shall not accrue from a date more than two years prior to the date of the filing of a charge with the Special Counsel. Interim earnings or amounts earnable with reasonable diligence by the individual or individuals discriminated against shall operate to reduce the back pay otherwise allowable under such paragraph. No order shall require the hiring of an individual as an employee or the payment to an individual of any back pay, if the individual was refused employment for any reason other than discrimination on account of national origin or citizenship status. (D) Treatment of distinct entities In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity. (3) Orders not finding violations If upon the preponderance of the evidence an administrative law judge determines that the person or entity named in the complaint has not engaged and is not engaging in any such unfair immigration-related employment practice, then the judge shall state his findings of fact and shall issue an order dismissing the complaint. (h) Awarding of attorneys fees In any complaint respecting an unfair immigration-related employment practice, an administrative law judge, in the judges discretion, may allow a prevailing party, other than the United States, a reasonable attorneys fee, if the losing partys argument is without reasonable foundation in law and fact. (i) Review of final orders (1) In general Not later than 60 days after the entry of such final order, any person aggrieved by such final order may seek a review of such order in the United States court of appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business. (2) Further review Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28 (j) Court enforcement of administrative orders (1) In general If an order of the agency is not appealed under subsection (i)(1), the Special Counsel (or, if the Special Counsel fails to act, the person filing the charge) may petition the United States district court for the district in which a violation of the order is alleged to have occurred, or in which the respondent resides or transacts business, for the enforcement of the order of the administrative law judge, by filing in such court a written petition praying that such order be enforced. (2) Court enforcement order Upon the filing of such petition, the court shall have jurisdiction to make and enter a decree enforcing the order of the administrative law judge. In such a proceeding, the order of the administrative law judge shall not be subject to review. (3) Enforcement decree in original review If, upon appeal of an order under subsection (i)(1), the United States court of appeals does not reverse such order, such court shall have the jurisdiction to make and enter a decree enforcing the order of the administrative law judge. (4) Awarding of attorneys fees In any judicial proceeding under subsection (i) or this subsection, the court, in its discretion, may allow a prevailing party, other than the United States, a reasonable attorneys fee as part of costs but only if the losing partys argument is without reasonable foundation in law and fact. (k) Termination dates (1) This section shall not apply to discrimination in hiring, recruiting, or referring, or discharging of individuals occurring after the date of any termination of the provisions of section 1324a of this title l 2 2 (2) The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under section 1324a(j) 2 (A) the Comptroller General determines, and so reports in such report that (i) no significant discrimination has resulted, against citizens or nationals of the United States or against any eligible workers seeking employment, from the implementation of section 1324a of this title (ii) such section has created an unreasonable burden on employers hiring such workers; and (B) there has been enacted, within such period of 30 calendar days, a joint resolution stating in substance that the Congress approves the findings of the Comptroller General contained in such report. The provisions of subsections (m) and (n) 2 section 1324a of this title l 2 (l) Dissemination of information concerning anti-discrimination provisions (1) Not later than 3 months after November 29, 1990 42 U.S.C. 2000e (2) In order to carry out the campaign under this subsection, the Special Counsel (A) may, to the extent deemed appropriate and subject to the availability of appropriations, contract with public and private organizations for outreach activities under the campaign, and (B) shall consult with the Secretary of Labor, the chairman of the Equal Employment Opportunity Commission, and the heads of such other agencies as may be appropriate. (3) There are authorized to be appropriated to carry out this subsection $10,000,000 for each fiscal year (beginning with fiscal year 1991). ( June 27, 1952, ch. 477 Pub. L. 99603, title I,  102(a) Nov. 6, 1986 100 Stat. 3374 Pub. L. 100525,  2(b) Oct. 24, 1988 102 Stat. 2610 Pub. L. 101649, title V Nov. 29, 1990 104 Stat. 50545056 Pub. L. 102232, title III,  306(b)(1) Dec. 12, 1991 105 Stat. 1752 Pub. L. 103416, title II,  219(q) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title IV,  421(a) Sept. 30, 1996 110 Stat. 3009670  Editorial Notes  References in Text The Civil Rights Act of 1964, referred to in subsecs. (b)(2) and ( l Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000a of Title 42 Subsections (j), ( l section 1324a of this title Pub. L. 104208, div. C, title IV,  412(c) Sept. 30, 1996 110 Stat. 3009668 Amendments 1996Subsec. (a)(3)(B). Pub. L. 104208,  671(d)(1)(B) Subsec. (a)(6). Pub. L. 104208,  421(a) 1994Subsec. (g)(2)(C). Pub. L. 103416 1991Subsec. (g)(2)(B)(iv)(II). Pub. L. 102232,  306(b)(1) Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102232,  306(b)(3)(A) Subsec. (g)(2)(B)(v), (vi). Pub. L. 102232,  306(b)(3)(B) Subsec. (g)(2)(B)(vii). Pub. L. 102232,  306(b)(3)(C) Subsec. (g)(2)(B)(viii). Pub. L. 102232,  306(b)(3)(E) Subsec. (g)(2)(D). Pub. L. 102232,  306(c)(1) 1990Subsec. (a)(1)(B). Pub. L. 101649,  533(a)(1) Subsec. (a)(3). Pub. L. 101649,  533(a)(2) Subsec. (a)(3)(B). Pub. L. 101649,  533(a)(4) section 1157 of this title section 1158 of this title (i) is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as a refugee under section 1157 of this title section 1158 of this title (ii) evidences an intention to become a citizen of the United States through completing a declaration of intention to become a citizen; but does not, and in closing provisions substituted (i) and (ii) for (I) and (II), respectively. Pub. L. 101649,  532(a) Subsec. (a)(5). Pub. L. 101649,  534(a) Subsec. (a)(6). Pub. L. 101649,  535(a) Subsec. (d)(2). Pub. L. 101649,  537(a) Subsec. (g)(2)(B)(iii). Pub. L. 101649,  539(a)(1) Subsec. (g)(2)(B)(iv). Pub. L. 101649,  539(a)(2) Pub. L. 101649,  536(a) Pub. L. 101649,  536(a) (I) except as provided in subclause (II), to pay a civil penalty of not more than $1,000 for each individual discriminated against, and (II) in the case of a person or entity previously subject to such an order, to pay a civil penalty of not more than $2,000 for each individual discriminated against. Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101649,  539(a)(3) Subsec. ( l Pub. L. 101649,  531 l 1988Subsec. (a)(1). Pub. L. 100525,  2(b)(1) section 1324a(h)(3) of this title Subsec. (e)(3). Pub. L. 100525,  2(b)(2) Subsec. (g)(2)(A). Pub. L. 100525,  2(b)(3) Subsec. (g)(2)(B)(ii). Pub. L. 100525,  2(b)(4) Subsec. (g)(3). Pub. L. 100525,  2(b)(5) Subsec. (h). Pub. L. 100525,  2(b)(6) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. C, title IV,  421(b) Sept. 30, 1996 110 Stat. 3009670 The amendments made by subsection (a) [amending this section] shall apply to requests made on or after the date of the enactment of this Act [ Sept. 30, 1996 Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Pub. L. 101649, title V,  532(b) Nov. 29, 1990 104 Stat. 5054 The amendment made by subsection (a) [amending this section] shall apply to actions occurring on or after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  533(b) Nov. 29, 1990 104 Stat. 5055 The amendments made by subsection (a) [amending this section] shall apply to unfair immigration-related employment practices occurring before, on, or after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  534(b) Nov. 29, 1990 104 Stat. 5055 The amendment made by subsection (a) [amending this section] shall apply to actions occurring on or after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  535(b) Nov. 29, 1990 104 Stat. 5055 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  536(b) Nov. 29, 1990 104 Stat. 5056 The amendments made by this section [amending this section] shall apply to unfair immigration-related employment practices occurring after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  537(b) Nov. 29, 1990 104 Stat. 5056 The amendments made by subsection (a) [amending this section] shall apply to charges received on or after the date of the enactment of this Act [ Nov. 29, 1990 Pub. L. 101649, title V,  539(b) Nov. 29, 1990 104 Stat. 5057 The amendments made by subsection (a) [amending this section] shall apply to orders with respect to unfair immigration-related employment practices occurring on or after the date of the enactment of this Act [ Nov. 29, 1990 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 No Effect on EEOC Authority Pub. L. 99603, title I,  102(b) Nov. 6, 1986 100 Stat. 3379 Except as may be specifically provided in this section, nothing in this section shall be construed to restrict the authority of the Equal Employment Opportunity Commission to investigate allegations, in writing and under oath or affirmation, of unlawful employment practices, as provided in section 706 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e5  1324c. Penalties for document fraud (a) Activities prohibited It is unlawful for any person or entity knowingly (1) to forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter or to obtain a benefit under this chapter, (2) to use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this chapter or to obtain a benefit under this chapter, (3) to use or attempt to use or to provide or attempt to provide any document lawfully issued to or with respect to a person other than the possessor (including a deceased individual) for the purpose of satisfying a requirement of this chapter or obtaining a benefit under this chapter, (4) to accept or receive or to provide any document lawfully issued to or with respect to a person other than the possessor (including a deceased individual) for the purpose of complying with section 1324a(b) of this title (5) to prepare, file, or assist another in preparing or filing, any application for benefits under this chapter, or any document required under this chapter, or any document submitted in connection with such application or document, with knowledge or in reckless disregard of the fact that such application or document was falsely made or, in whole or in part, does not relate to the person on whose behalf it was or is being submitted, or (6) (A) to present before boarding a common carrier for the purpose of coming to the United States a document which relates to the aliens eligibility to enter the United States, and (B) to fail to present such document to an immigration officer upon arrival at a United States port of entry. (b) Exception This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of title 18. (c) Construction Nothing in this section shall be construed to diminish or qualify any of the penalties available for activities prohibited by this section but proscribed as well in title 18. (d) Enforcement (1) Authority in investigations In conducting investigations and hearings under this subsection (A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated, (B) administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing, and (C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the filing of a complaint in a case under paragraph (2). In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof. (2) Hearing (A) In general Before imposing an order described in paragraph (3) against a person or entity under this subsection for a violation of subsection (a), the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation. (B) Conduct of hearing Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5 (C) Issuance of orders If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has violated subsection (a), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (3). (3) Cease and desist order with civil money penalty With respect to a violation of subsection (a), the order under this subsection shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of (A) not less than $250 and not more than $2,000 for each document that is the subject of a violation under subsection (a), or (B) in the case of a person or entity previously subject to an order under this paragraph, not less than $2,000 and not more than $5,000 for each document that is the subject of a violation under subsection (a). In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity. (4) Administrative appellate review The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless either (A) within 30 days, an official delegated by regulation to exercise review authority over the decision and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the Attorney General pursuant to regulations, in which case the decision and order of the Attorney General shall become the final agency decision and order under this subsection. (5) Judicial review A person or entity adversely affected by a final order under this section may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order. (6) Enforcement of orders If a person or entity fails to comply with a final order issued under this section against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review. (7) Waiver by Attorney General The Attorney General may waive the penalties imposed by this section with respect to an alien who knowingly violates subsection (a)(6) if the alien is granted asylum under section 1158 of this title section 1231(b)(3) of this title (e) Criminal penalties for failure to disclose role as document preparer (1) Whoever, in any matter within the jurisdiction of the Service, knowingly and willfully fails to disclose, conceals, or covers up the fact that they have, on behalf of any person and for a fee or other remuneration, prepared or assisted in preparing an application which was falsely made (as defined in subsection (f)) for immigration benefits, shall be fined in accordance with title 18, imprisoned for not more than 5 years, or both, and prohibited from preparing or assisting in preparing, whether or not for a fee or other remuneration, any other such application. (2) Whoever, having been convicted of a violation of paragraph (1), knowingly and willfully prepares or assists in preparing an application for immigration benefits pursuant to this chapter, or the regulations promulgated thereunder, whether or not for a fee or other remuneration and regardless of whether in any matter within the jurisdiction of the Service, shall be fined in accordance with title 18, imprisoned for not more than 15 years, or both, and prohibited from preparing or assisting in preparing any other such application. (f) Falsely make For purposes of this section, the term falsely make means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted. ( June 27, 1952, ch. 477 Pub. L. 101649, title V,  544(a) Nov. 29, 1990 104 Stat. 5059 Pub. L. 102232, title III,  306(c)(5)(A) Dec. 12, 1991 105 Stat. 1752 Pub. L. 103416, title II,  219(r) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title II Sept. 30, 1996 110 Stat. 3009570  Editorial Notes  References in Text This chapter, referred to in subsecs. (a) and (e)(2), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a)(1). Pub. L. 104208,  212(a)(1) Subsec. (a)(2). Pub. L. 104208,  212(a)(2) Subsec. (a)(3). Pub. L. 104208,  212(a)(3) Subsec. (a)(4). Pub. L. 104208,  212(a)(4) section 1324a(b) of this title Subsec. (a)(5), (6). Pub. L. 104208,  212(a)(5) Subsec. (d)(1)(C). Pub. L. 104208,  220 Subsec. (d)(3)(A), (B). Pub. L. 104208,  212(c) Subsec. (d)(4). Pub. L. 104208,  379(a)(2) Pub. L. 104208,  379(a)(1) Subsec. (d)(7). Pub. L. 104208,  308(g)(10)(D) section 1231(b)(3) of this title section 1253(h) of this title Pub. L. 104208,  212(d) Subsec. (e). Pub. L. 104208,  213 Subsec. (f). Pub. L. 104208,  212(b) 1994Subsec. (b). Pub. L. 103416 1991Subsec. (a)(2) to (4). Pub. L. 102232 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. C, title II,  212(e) Sept. 30, 1996 110 Stat. 3009571 Section 274C(f) of the Immigration and Nationality Act [ 8 U.S.C. 1324c(f) Sept. 30, 1996 Amendment by section 308(g)(10)(D) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 379(a) of Pub. L. 104208 Sept. 30, 1996 section 379(b) of Pub. L. 104208 section 1324a of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date Section applicable to persons or entities that have committed violations on or after Nov. 29, 1990 section 544(d) of Pub. L. 101649 section 1227 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1324d. Civil penalties for failure to depart (a) In general Any alien subject to a final order of removal who (1) willfully fails or refuses to (A) depart from the United States pursuant to the order, (B) make timely application in good faith for travel or other documents necessary for departure, or (C) present for removal at the time and place required by the Attorney General; or (2) conspires to or takes any action designed to prevent or hamper the aliens departure pursuant to the order, shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. (b) Construction Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 1253(a) of this title ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title III,  380(a) Sept. 30, 1996 110 Stat. 3009650  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries Effective Date Pub. L. 104208, div. C, title III,  380(c) Sept. 30, 1996 110 Stat. 3009650 The amendment made by subsection (a) [enacting this section] shall apply to actions occurring on or after the title IIIA effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1325. Improper entry by alien (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both. (b) Improper time or place; civil penalties Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of (1) at least $50 and not more than $250 for each such entry (or attempted entry); or (2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection. Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed. (c) Marriage fraud Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. (d) Immigration-related entrepreneurship fraud Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both. ( June 27, 1952, ch. 477 66 Stat. 229 Pub. L. 99639,  2(d) Nov. 10, 1986 100 Stat. 3542 Pub. L. 101649, title I,  121(b)(3) Nov. 29, 1990 104 Stat. 4994 Pub. L. 102232, title III,  306(c)(3) Dec. 12, 1991 105 Stat. 1752 Pub. L. 104208, div. C, title I,  105(a) Sept. 30, 1996 110 Stat. 3009556  Editorial Notes Amendments 1996Subsecs. (b) to (d). Pub. L. 104208 1991Subsec. (a). Pub. L. 102232 1990Subsec. (a). Pub. L. 101649,  543(b)(2) Subsec. (c). Pub. L. 101649,  121(b)(3) 1986 Pub. L. 99639 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. C, title I,  105(b) Sept. 30, 1996 110 Stat. 3009556 The amendments made by subsection (a) [amending this section] shall apply to illegal entries or attempts to enter occurring on or after the first day of the sixth month beginning after the date of the enactment of this Act [ Sept. 30, 1996 Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment Amendment by section 121(b)(3) of Pub. L. 101649 Oct. 1, 1991 section 161(a) of Pub. L. 101649 section 1101 of this title Amendment by section 543(b)(2) of Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1326. Reentry of removed aliens (a) In general Subject to subsection (b), any alien who (1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such aliens reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than 2 years, or both. (b) Criminal penalties for reentry of certain removed aliens Notwithstanding subsection (a), in the case of any alien described in such subsection (1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; (2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both; (3) who has been excluded from the United States pursuant to section 1225(c) of this title section 1182(a)(3)(B) of this title 1 1 (4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title For the purposes of this subsection, the term removal includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. (c) Reentry of alien deported prior to completion of term of imprisonment Any alien deported pursuant to section 1252(h)(2) 2 2 (d) Limitation on collateral attack on underlying deportation order In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that (1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair. ( June 27, 1952, ch. 477 66 Stat. 229 Pub. L. 100690, title VII,  7345(a) Nov. 18, 1988 102 Stat. 4471 Pub. L. 101649, title V,  543(b)(3) Nov. 29, 1990 104 Stat. 5059 Pub. L. 103322, title XIII,  130001(b) Sept. 13, 1994 108 Stat. 2023 Pub. L. 104132, title IV Apr. 24, 1996 110 Stat. 1267 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009606  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(2), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 1252 of this title Pub. L. 104208, div. C, title III,  306(a)(2) Sept. 30, 1996 110 Stat. 3009607 section 1252(h)(2) of this title section 1231(a)(4) of this title Amendments 1996 Pub. L. 104208,  308(e)(14)(A) Subsec. (a)(1). Pub. L. 104208,  308(d)(4)(J)(i) Pub. L. 104208,  324(a) Subsec. (a)(2)(B). Pub. L. 104208,  308(d)(4)(J)(ii) Subsec. (b). Pub. L. 104208,  324(b) Pub. L. 104208,  308(e)(1)(K) Subsec. (b)(2). Pub. L. 104208,  305(b)(1) Subsec. (b)(3). Pub. L. 104208,  305(b)(2) Pub. L. 104132,  401(c) Subsec. (b)(4). Pub. L. 104208,  305(b)(3) Subsec. (c). Pub. L. 104132,  438(b) Subsec. (d). Pub. L. 104132,  441(a) 1994Subsec. (b). Pub. L. 103322 1990Subsec. (a). Pub. L. 101649 1988 Pub. L. 100690 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendments Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  324(c) Sept. 30, 1996 110 Stat. 3009629 The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [ Sept. 30, 1996 Pub. L. 104132, title IV,  401(f) Apr. 24, 1996 110 Stat. 1268 The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title Apr. 24, 1996 Pub. L. 104132, title IV,  441(b) Apr. 24, 1996 110 Stat. 1279 The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [ Apr. 24, 1996 Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title Effective Date of 1988 Amendment Pub. L. 100690, title VII,  7345(b) Nov. 18, 1988 102 Stat. 4471 The amendments made by subsection (a) [amending this section] shall apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act [ Nov. 18, 1988  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1327. Aiding or assisting certain aliens to enter  Any person who knowingly aids or assists any alien inadmissible under section 1182(a)(2) (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be fined under title 18, or imprisoned not more than 10 years, or both. ( June 27, 1952, ch. 477 66 Stat. 229 Pub. L. 100690, title VII,  7346(a) Nov. 18, 1988 102 Stat. 4471 Pub. L. 101649, title V,  543(b)(4) Nov. 29, 1990 104 Stat. 5059 Pub. L. 104208, div. C, title III,  308(d)(3)(A) Sept. 30, 1996 110 Stat. 3009617  Editorial Notes Amendments 1996 Pub. L. 104208 1990 Pub. L. 101649,  603(a)(16) Pub. L. 101649,  543(b)(4) 1988 Pub. L. 100690 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1990 Amendment Amendment by section 543(b)(4) of Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title Amendment by section 603(a)(16) of Pub. L. 101649 June 1, 1991 section 601(e)(1) of Pub. L. 101649 section 1101 of this title Effective Date of 1988 Amendment Pub. L. 100690, title VII,  7346(b) Nov. 18, 1988 102 Stat. 4471 The amendment made by subsection (a) [amending this section] shall apply to any aid or assistance which occurs on or after the date of the enactment of this Act [ Nov. 18, 1988  1328. Importation of alien for immoral purpose  The importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is forbidden. Whoever shall, directly or indirectly, import, or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, any alien, in pursuance of such illegal importation, shall be fined under title 18, or imprisoned not more than 10 years, or both. The trial and punishment of offenses under this section may be in any district to or into which such alien is brought in pursuance of importation by the person or persons accused, or in any district in which a violation of any of the provisions of this section occurs. In all prosecutions under this section, the testimony of a husband or wife shall be admissible and competent evidence against each other. ( June 27, 1952, ch. 477 66 Stat. 230 Pub. L. 101649, title V,  543(b)(5) Nov. 29, 1990 104 Stat. 5059  Editorial Notes Amendments 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 543(c) of Pub. L. 101649 section 1221 of this title  1329. Jurisdiction of district courts  The district courts of the United States shall have jurisdiction of all causes, civil and criminal, brought by the United States that arise under the provisions of this subchapter. It shall be the duty of the United States attorney of the proper district to prosecute every such suit when brought by the United States. Notwithstanding any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under section 1325 or 1326 of this title may be apprehended. No suit or proceeding for a violation of any of the provisions of this subchapter shall be settled, compromised, or discontinued without the consent of the court in which it is pending and any such settlement, compromise, or discontinuance shall be entered of record with the reasons therefor. Nothing in this section shall be construed as providing jurisdiction for suits against the United States or its agencies or officers. ( June 27, 1952, ch. 477 66 Stat. 230 Pub. L. 104208, div. C, title III,  381(a) Sept. 30, 1996 110 Stat. 3009650  Editorial Notes Amendments 1996 Pub. L. 104208,  381(a)(2) Pub. L. 104208,  381(a)(1) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. C, title III,  381(b) Sept. 30, 1996 110 Stat. 3009650 The amendments made by subsection (a) [amending this section] shall apply to actions filed after the date of the enactment of this Act [ Sept. 30, 1996  1330. Collection of penalties and expenses (a) Notwithstanding any other provisions of this subchapter, the withholding or denial of clearance of or a lien upon any vessel or aircraft provided for in section 1221, 1224, 1253(c)(2), 1281, 1283, 1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not be regarded as the sole and exclusive means or remedy for the enforcement of payments of any fine, penalty or expenses imposed or incurred under such sections, but, in the discretion of the Attorney General, the amount thereof may be recovered by civil suit, in the name of the United States, from any person made liable under any of such sections. (b) (1) There is established in the general fund of the Treasury a separate account which shall be known as the Immigration Enforcement Account. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration Enforcement Account amounts described in paragraph (2) to remain available until expended. (2) The amounts described in this paragraph are the following: (A) The increase in penalties collected resulting from the amendments made by sections 203(b) and 543(a) of the Immigration Act of 1990. (B) Civil penalties collected under sections 1229c(d), 1324c, 1324d, and 1325(b) of this title. (3) (A) The Secretary of the Treasury shall refund out of the Immigration Enforcement Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for activities that enhance enforcement of provisions of this subchapter. Such activities include (i) the identification, investigation, apprehension, detention, and removal of criminal aliens; (ii) the maintenance and updating of a system to identify and track criminal aliens, deportable aliens, inadmissible aliens, and aliens illegally entering the United States; and (iii) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States. (B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A). (C) The amounts required to be refunded from the Immigration Enforcement Account for fiscal year 1996 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of Public Law 104134 (D) The Attorney General shall prepare and submit annually to the Congress statements of financial condition of the Immigration Enforcement Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year. ( June 27, 1952, ch. 477 66 Stat. 230 Pub. L. 101649, title V,  542(a) Nov. 29, 1990 104 Stat. 5057 Pub. L. 103416, title II,  219(s) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009623  Editorial Notes  References in Text Sections 203(b) and 543(a) of the Immigration Act of 1990, referred to in subsec. (b)(2)(A), are sections 203(b) and 543(a) of Pub. L. 101649 section 1281 of this title Section 605 of Public Law 104134 Pub. L. 104134, title I Apr. 26, 1996 110 Stat. 1321 Amendments 1996Subsec. (a). Pub. L. 104208,  308(g)(4)(C) Subsec. (b). Pub. L. 104208,  382(a) section 3302 of title 31 (1) for the Immigration and Naturalization Service for activities that enhance enforcement of provisions of this subchapter, including (A) the identification, investigation, and apprehension of criminal aliens, (B) the implementation of the system described in section 1252(a)(3)(A) of this title (C) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States; and (2) for the Executive Office for Immigration Review in the Department of Justice for the purpose of removing the backlogs in the preparation of transcripts of deportation proceedings conducted under section 1252 of this title 1994Subsec. (b)(1)(C). Pub. L. 103416 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(g)(4)(C) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Pub. L. 104208, div. C, title III,  382(c) Sept. 30, 1996 110 Stat. 3009651 The amendments made by this section [amending this section and section 1356 of this title Sept. 30, 1996 Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1990 Amendment Pub. L. 101649, title V,  542(b) Nov. 29, 1990 104 Stat. 5057 The amendment made by subsection (a) [amending this section] shall apply to fines and penalties collected on or after January 1, 1991  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Part IX Miscellaneous  1351. Nonimmigrant visa fees  The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, ( June 27, 1952, ch. 477 66 Stat. 230 Pub. L. 89236,  14 Oct. 3, 1965 79 Stat. 919 Pub. L. 90609,  1 Oct. 21, 1968 82 Stat. 1199 Pub. L. 10554,  2(a) Oct. 6, 1997 111 Stat. 1175  Editorial Notes  References in Text The Headquarters Agreement, referred to in text, is set out as a note under section 287 of Title 22 Amendments 1997 Pub. L. 10554 1968 Pub. L. 90609 1965Subsec. (a). Pub. L. 89236,  14(a) section 1154 of this title Subsec. (b). Pub. L. 89236,  14(c) Subsec. (c). Pub. L. 89236,  14(d) Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Pub. L. 10554,  2(b) Oct. 6, 1997 111 Stat. 1175 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Oct. 6, 1997 Effective Date of 1965 Amendment For effective date of amendment by Pub. L. 89236 section 20 of Pub. L. 89236 section 1151 of this title Surcharge for Processing Machine-Readable Nonimmigrant Visas Pub. L. 113160,  2 Aug. 8, 2014 128 Stat. 1853  (a)  In General Notwithstanding any other provision of law, the Secretary of State, not later than January 1, 2015 Public Law 103236 8 U.S.C. 1351 (b)  Deposit of Amounts Notwithstanding section 140(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103236 8 U.S.C. 1351 (c)  Sunset Provision The fee increase authorized under subsection (a) shall terminate on the date that is 5.5 years after the first date on which such increased fee is collected. Similar provisions were contained in the following prior appropriations acts: Pub. L. 11342,  2 Oct. 4, 2013 127 Stat. 552 Pub. L. 110457, title II,  239 Dec. 23, 2008 122 Stat. 5085 Pub. L. 110293, title V,  501 July 30, 2008 122 Stat. 2968 Pub. L. 10777, title IV Nov. 28, 2001 115 Stat. 783 Pub. L. 106553,  1(a)(2) [title IV] Dec. 21, 2000 114 Stat. 2762 Pub. L. 106113, div. B,  1000(a)(1) [title IV] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(b) [title IV] Oct. 21, 1998 112 Stat. 268150 Pub. L. 105119, title IV Nov. 26, 1997 111 Stat. 2494 Pub. L. 10546,  116 Sept. 30, 1997 111 Stat. 1157 Pub. L. 104208, div. A, title I,  101(a) [title IV] Sept. 30, 1996 110 Stat. 3009 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 105277, div. A,  101(b) [title IV,  410(a)] Oct. 21, 1998 112 Stat. 268150  (1) (A) Notwithstanding any other provision of law and subject to subparagraph (B), the Secretary of State and the Attorney General shall impose, for the processing of any application for the issuance of a machine readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(B) (B) The Secretary of State and the Attorney General may not commence implementation of the requirement in subparagraph (A) until the later of (i) the date that is 6 months after the date of enactment of this Act [ Oct. 21, 1998 (ii) the date on which the Secretary sets the amount of the fee or surcharge in accordance with paragraph (3). (2) (A) Except as provided in subparagraph (B), if the fee for a machine readable combined border crossing card and nonimmigrant visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(B) (i) the date on which the child attains the age of 15; or (ii) ten years after its date of issue. (B) At the request of the parent or guardian of any alien under 15 years of age otherwise covered by subparagraph (A), the Secretary of State and the Attorney General may charge the non-reduced fee for the processing of an application for the issuance of a machine readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immigration and Nationality Act provided that the machine readable combined border crossing card and nonimmigrant visa is issued to expire as of the same date as is usually provided for visas issued under that section. (3) Notwithstanding any other provision of law, the Secretary of State shall set the amount of the fee or surcharge authorized pursuant to section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103236 8 U.S.C. 1351 [ Pub. L. 106113, div. B,  1000(a)(1) [title IV,  404] Nov. 29, 1999 113 Stat. 1535 Beginning in fiscal year 2000 and thereafter, section 410(a) of the Department of State and Related Agencies Appropriations Act, 1999, as included in Public Law 105277 [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Pub. L. 103236, title I,  140(a) Apr. 30, 1994 108 Stat. 399 Pub. L. 103415,  1(bb) Oct. 25, 1994 108 Stat. 4302 Pub. L. 106113, div. B,  1000(a)(7) [div. A, title II,  231] Nov. 29, 1999 113 Stat. 1536 Pub. L. 107173, title I,  103(a) May 14, 2002 116 Stat. 547 Pub. L. 107228, div. A, title II,  234 Sept. 30, 2002 116 Stat. 1373  (1) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. (2) Fees collected under the authority of paragraph (1) shall be deposited as an offsetting collection to any Department of State appropriation, to recover the costs of providing consular services. Such fees shall remain available for obligation until expended. (3) For the fiscal year 2003, any amount that exceeds $460,000,000 may be made available only if a notification is submitted to Congress in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 [ 22 U.S.C. 2706 Provisions directing the continuing effect for specific periods of authorities provided under section 140(a) of Pub. L. 103236 Pub. L. 10492, title I,  112 Jan. 6, 1996 110 Stat. 18 Pub. L. 10456, title I,  118 Nov. 20, 1995 109 Stat. 552 Pub. L. 10454, title I,  118 Nov. 19, 1995 109 Stat. 544 Pub. L. 10431,  119 Sept. 30, 1995 109 Stat. 281  1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public (a) Reentry permits issued under section 1203 of this title (b) The Director of the Government Publishing Office is authorized to print for sale to the public by the Superintendent of Documents, upon prepayment, copies of blank forms of manifests and crew lists and such other forms as may be prescribed and authorized by the Attorney General to be sold pursuant to the provisions of this subchapter. ( June 27, 1952, ch. 477 66 Stat. 231 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in subsec. (b) on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States  When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with subchapter II of chapter 57 of title 5. The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and of preparation for shipment, are authorized to be paid on the written order of the Attorney General. ( June 27, 1952, ch. 477 66 Stat. 231 Pub. L. 100525,  9(p) Oct. 24, 1988 102 Stat. 2621  Editorial Notes Amendments 1988 Pub. L. 100525 August 2, 1946 60 Stat. 806 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1353a. Officers and employees; overtime services; extra compensation; length of working day  The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five oclock postmeridian and eight oclock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half days additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five oclock postmeridian (but not to exceed two and one-half days pay for the full period from five oclock postmeridian to eight oclock antemeridian) and two additional days pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed. ( Mar. 2, 1931, ch. 368,  1 46 Stat. 1467 June 10, 1933 June 14, 1940 54 Stat. 1238 June 27, 1952, ch. 477 66 Stat. 278  Editorial Notes Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Ex. Ord. No. 6166, is authority for the substitution of Immigration and Naturalization Service for Immigration Service; and 1940 Reorg. Plan No. V. is authority for the substitution of Attorney General for Secretary of Labor. See note set out under section 1551 of this title Section was formerly classified to section 342c of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 section 109a of this title Amendments 1952Act June 27, 1952 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents  Transfer of Functions Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees by 1950 Reorg. Plan No. 2,  1, 2, eff. May 24, 1950 64 Stat. 1261  1353b. Extra compensation; payment  The said extra compensation shall be paid by the master, owner, agent, or consignee of such vessel or other conveyance arriving in the United States from a foreign port to the Attorney General, who shall pay the same to the several immigration officers and employees entitled thereto as provided in this section and section 1353a of this title Provided, ( Mar. 2, 1931, ch. 368,  2 46 Stat. 1467 June 14, 1940 54 Stat. 1238  Editorial Notes Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. 1940 Reorg. Plan No. V is authority for the substitution of Attorney General for Secretary of Labor. See note set out under section 1551 of this title Section was formerly classified to section 342d of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 section 109b of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents  Transfer of Functions Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2,  1, 2, eff. May 24, 1950 64 Stat. 1261  1353c. Immigration officials; service in foreign contiguous territory  Nothing in section 209 of title 18 ( Mar. 4, 1921, ch. 161,  1 41 Stat. 1424 Sept. 3, 1954, ch. 1263,  6 68 Stat. 1227  Editorial Notes Codification  Section 209 of title 18 section 1914 of title 18 section 2 of Pub. L. 87849 Oct. 23, 1962 76 Stat. 1126 section 203 of Title 18 Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Section constituted a part of section 1 of act Mar. 4, 1921, ch. 161 41 Stat. 1424 act Mar. 3, 1917, ch. 163,  1 39 Stat. 1106 Section was formerly classified to section 68 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 section 109c of this title Amendments 1954Act Sept. 3, 1954 section 1914 of title 18 March 3, 1917 5 U.S.C. 66 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1353d. Disposition of money received as extra compensation  Moneys collected on or after July 1, 1941 ( Aug. 22, 1940, ch. 688 54 Stat. 858 June 27, 1952, ch. 477 66 Stat. 278  Editorial Notes Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Section was formerly classified to section 342e of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 section 109d of this title Amendments 1952Act June 27, 1952 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents  Transfer of Functions Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2,  1, 2, eff. May 24, 1950 64 Stat. 1261  1354. Applicability to members of the Armed Forces (a) Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, (b) If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the members official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as (1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title (2) an absence from the United States for purposes of clause (ii) of such section. ( June 27, 1952, ch. 477 66 Stat. 232 Pub. L. 110181, div. A, title VI,  673 Jan. 28, 2008 122 Stat. 185  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2008 Pub. L. 110181  1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts (a) Subject to such conditions and limitations as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating houses, or other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance with the provision of section 6101 of title 41 (b) Such articles determined by the Attorney General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by such aliens, may be sold at reasonable prices to such aliens through Government canteens operated by the Service, under such conditions and limitations as the Attorney General shall prescribe. (c) All rentals or other receipts accruing from the disposal of privileges, and all moneys arising from the sale of articles through Service-operated canteens, authorized by this section, shall be covered into the Treasury to the credit of the appropriation for the enforcement of this subchapter. ( June 27, 1952, ch. 477 66 Stat. 232  Editorial Notes Codification In subsec. (a),  section 6101 of title 41 41 U.S.C. 5 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  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 All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in section 1223(b) of this title (b) Purchase of evidence Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service. (c) Fees and administrative fines and penalties; exception Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, section 1351 of this title (d) Schedule of fees In addition to any other fee authorized by law, the Attorney General shall charge and collect $7 per individual for the immigration inspection of each passenger arriving at a port of entry in the United States, or for the preinspection of a passenger in a place outside of the United States prior to such arrival, aboard a commercial aircraft or commercial vessel. (e) Limitations on fees (1) Except as provided in paragraph (3), no fee shall be charged under subsection (d) for immigration inspection or preinspection provided in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in the following: (A) Canada, (B) Mexico, (C) a State, territory or possession of the United States, or (D) any adjacent island (within the meaning of section 1101(b)(5) of this title (2) No fee may be charged under subsection (d) with respect to the arrival of any passenger (A) who is in transit to a destination outside the United States, and (B) for whom immigration inspection services are not provided. (3) The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in paragraph (1): Provided (f) Collection (1) Each person that issues a document or ticket to an individual for transportation by a commercial vessel or commercial aircraft into the United States shall (A) collect from that individual the fee charged under subsection (d) at the time the document or ticket is issued; and (B) identify on that document or ticket the fee charged under subsection (d) as a Federal inspection fee. (2) If (A) a document or ticket for transportation of a passenger into the United States is issued in a foreign country; and (B) the fee charged under subsection (d) is not collected at the time such document or ticket is issued; the person providing transportation to such passenger shall collect such fee at the time such passenger departs from the United States and shall provide such passenger a receipt for the payment of such fee. (3) The person who collects fees under paragraph (1) or (2) shall remit those fees to the Attorney General at any time before the date that is thirty-one days after the close of the calendar quarter in which the fees are collected, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment. Regulations issued by the Attorney General under this subsection with respect to the collection of the fees charged under subsection (d) and the remittance of such fees to the Treasury of the United States shall be consistent with the regulations issued by the Secretary of the Treasury for the collection and remittance of the taxes imposed by subchapter C of chapter 33 of title 26, but only to the extent the regulations issued with respect to such taxes do not conflict with the provisions of this section. (g) Provision of immigration inspection and preinspection services Notwithstanding section 1353b of this title (1) immigration serviced airports, and (2) places located outside of the United States at which an immigration officer is stationed for the purpose of providing such immigration services. (h) Disposition of receipts (1) (A) There is established in the general fund of the Treasury a separate account which shall be known as the Immigration User Fee Account. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended.. 1 1 (B) Notwithstanding any other provisions of law, all civil fines or penalties collected pursuant to sections 1253(c), 1321, and 1323 of this title and all liquidated damages and expenses collected pursuant to this chapter shall be deposited in the Immigration User Fee Account. (2) (A) The Secretary of the Treasury shall refund out of the Immigration User Fee Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General in providing immigration inspection and preinspection services for commercial aircraft or vessels and in (i) providing overtime immigration inspection services for commercial aircraft or vessels; (ii) administration of debt recovery, including the establishment and operation of a national collections office; (iii) expansion, operation and maintenance of information systems for nonimmigrant control and debt collection; (iv) detection of fraudulent documents used by passengers traveling to the United States, including training of, and technical assistance to, commercial airline personnel regarding such detection; (v) providing detention and removal services for inadmissible aliens arriving on commercial aircraft and vessels and for any alien who is inadmissible under section 1182(a) of this title (vi) providing removal and asylum proceedings at air or sea ports-of-entry for inadmissible aliens arriving on commercial aircraft and vessels including immigration removal proceedings resulting from presentation of fraudulent documents and failure to present documentation and for any alien who is inadmissible under section 1182(a) of this title The Attorney General shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sentence. (B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A). (i) Reimbursement Notwithstanding any other provision of law, the Attorney General is authorized to receive reimbursement from the owner, operator, or agent of a private or commercial aircraft, train, or vessel, or from any airport, rail line, or seaport authority for expenses incurred by the Attorney General in providing immigration inspection services which are rendered at the request of such person or authority (including the salary and expenses of individuals employed by the Attorney General to provide such immigration inspection services). Reimbursements under this subsection may be collected in advance of the provision of such immigration inspection services. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this subsection shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection, remain available until expended, and be available for the purposes for which such appropriation, account, or fund is authorized to be used. (j) Regulations The Attorney General may prescribe such rules and regulations as may be necessary to carry out the provisions of this section. (k) Advisory committee In accordance with the provisions of chapter 10 of title 5, the Attorney General shall establish an advisory committee, whose membership shall consist of representatives from the airline and other transportation industries who may be subject to any fee or charge authorized by law or proposed by the Immigration and Naturalization Service for the purpose of covering expenses incurred by the Immigration and Naturalization Service. The advisory committee shall meet on a periodic basis and shall advise the Attorney General on issues related to the performance of the inspectional services of the Immigration and Naturalization Service. This advice shall include, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Attorney General shall give substantial consideration to the views of the advisory committee in the exercise of his duties. (l) Report to Congress In addition to the reporting requirements established pursuant to subsection (h), the Attorney General shall prepare and submit annually to the Congress, not later than March 31st of each year, a statement of the financial condition of the Immigration User Fee Account including beginning account balance, revenues, withdrawals and their purpose, ending balance, projections for the ensuing fiscal year and a full and complete workload analysis showing on a port by port basis the current and projected need for inspectors. The statement shall indicate the success rate of the Immigration and Naturalization Service in meeting the forty-five minute inspection standard and shall provide detailed statistics regarding the number of passengers inspected within the standard, progress that is being made to expand the utilization of United States citizen by-pass, the number of passengers for whom the standard is not met and the length of their delay, locational breakdown of these statistics and the steps being taken to correct any nonconformity. (m) Immigration Examinations Fee Account Notwithstanding any other provisions of law, all adjudication fees as are designated by the Attorney General in regulations shall be deposited as offsetting receipts into a separate account entitled Immigration Examinations Fee Account in the Treasury of the United States, whether collected directly by the Attorney General or through clerks of courts: Provided, however Provided further (n) Reimbursement of administrative expenses; transfer of deposits to General Fund of United States Treasury All deposits into the Immigration Examinations Fee Account shall remain available until expended to the Attorney General to reimburse any appropriation the amount paid out of such appropriation for expenses in providing immigration adjudication and naturalization services and the collection, safeguarding and accounting for fees deposited in and funds reimbursed from the Immigration Examinations Fee Account. (o) Annual financial reports to Congress The Attorney General shall prepare and submit annually to Congress statements of financial condition of the Immigration Examinations Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projections for the ensuing fiscal year. (p) Additional effective dates The provisions set forth in subsections (m), (n), and ( o October 1, 1988 (q) Land Border Inspection Fee Account (1) (A) (i) Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, not more than 96 projects under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such projects may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General. (ii) This subparagraph shall take effect, with respect to any project described in clause (1) 2 2 September 30, 1996 (iii) The Attorney General shall prepare and submit on a quarterly basis a status report on each land border inspection project implemented under this subparagraph. (B) The Attorney General, in consultation with the Secretary of the Treasury, may conduct pilot projects to demonstrate the use of designated ports of entry after working hours through the use of card reading machines or other appropriate technology. (2) All of the fees collected under this subsection, including receipts for services performed in processing forms I94, I94W, and I68, and other similar applications processed at land border ports of entry, shall be deposited as offsetting receipts in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the Land Border Inspection Fee Account. (3) (A) The Secretary of the Treasury shall refund, at least on a quarterly basis amounts to any appropriations for expenses incurred in providing inspection services at land border points of entry. Such expenses shall include (i) the providing of overtime inspection services; (ii) the expansion, operation and maintenance of information systems for nonimmigrant control; (iii) the hire of additional permanent and temporary inspectors; (iv) the minor construction costs associated with the addition of new traffic lanes (with the concurrence of the General Services Administration); (v) the detection of fraudulent documents used by passengers travelling to the United States; (vi) providing for the administration of said account. (B) The amounts required to be refunded from the Land Border Inspection Fee Account for fiscal years 1992 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided section 606 of Public Law 101162 (4) The Attorney General will prepare and submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year. (r) Breached Bond/Detention Fund (1) Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (in this subsection referred to as the Fund). (2) There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under this chapter which are recovered by the Department of Justice, and amount 3 3 4 4 (3) Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Attorney General for the following purposes (i) for expenses incurred in the collection of breached bonds, and (ii) for expenses associated with the detention of illegal aliens. (4) The amounts required to be refunded from the Fund for fiscal year 1998 and thereafter shall be refunded in accordance with estimates made in the budget request of the President for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after Congressional reprogramming notification in accordance with the reprogramming guidelines for the applicable fiscal year. (5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. (6) For fiscal year 1993 only, the Attorney General may transfer up to $1,000,000 from the Immigration User Fee Account to the Fund for initial expenses necessary to enhance collection efforts: Provided December 31, 1993 (s) H1B Nonimmigrant Petitioner Account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the H1B Nonimmigrant Petitioner Account. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the account all fees collected under paragraphs (9) and (11) of section 1184(c) of this title (2) Use of fees for job training 50 percent of amounts deposited into the H1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for demonstration programs and projects described in section 3224a of title 29 (3) Use of fees for low-income scholarship program 30 percent of the amounts deposited into the H1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended for scholarships described in section 1869c of title 42 (4) National Science Foundation competitive grant program for K12 math, science and technology education (A) In general 10 percent of the amounts deposited into the H1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support private-public partnerships in K12 education. (B) Types of programs covered The Director shall award grants to such programs, including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable K12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K12 teachers and education for students in science, mathematics, and technology; support the professional development of K12 math and science teachers in the use of technology in the classroom; stimulate system-wide K12 reform of science, mathematics, and technology in rural, economically disadvantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including summer institutes sponsored by an institution of higher education for students in grades 712 that provide instruction in such fields); involve partnerships of industry, educational institutions, and community organizations to address the educational needs of disadvantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathematics, engineering, and technology; and provide for carrying out systemic reform activities under section 1862(a)(1) of title 42 (5) Use of fees for duties relating to petitions 5 percent of the amounts deposited into the H1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Homeland Security until expended to carry out duties under paragraphs (1) and (9) of section 1184(c) of this title section 1101(a)(15)(H)(i)(b) of this title 5 5 section 1153(b) of this title (6) Use of fees for application processing and enforcement For fiscal year 1999, 4 percent of the amounts deposited into the H1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 1182(n)(1) of this title section 1182(n)(2) of this title section 1182(n)(1) of this title section 1182(a)(5)(A) of this title (t) Genealogy Fee (1) There is hereby established the Genealogy Fee for providing genealogy research and information services. This fee shall be deposited as offsetting collections into the Examinations Fee Account. Fees for such research and information services may be set at a level that will ensure the recovery of the full costs of providing all such services. (2) The Attorney General will prepare and submit annually to Congress statements of the financial condition of the Genealogy Fee. (3) Any officer or employee of the Immigration and Naturalization Service shall collect fees prescribed under regulation before disseminating any requested genealogical information. (u) Premium fee for certain immigration benefit types (1) In general The Secretary of Homeland Security is authorized to establish and collect a premium fee for the immigration benefit types described in paragraph (2). Such fee shall be paid in addition to any other fees authorized by law, deposited as offsetting receipts in the Immigration Examinations Fee Account established under subsection (m), and used for the purposes described in paragraph (4). (2) Immigration benefit types Subject to reasonable conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with (A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions; (B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 1153(b) of this title (C) applications to change or extend nonimmigrant status; (D) applications for employment authorization; and (E) any other immigration benefit type that the Secretary deems appropriate for premium processing. (3) Amount of fee (A) In general Subject to subparagraph (C), with respect to an immigration benefit type designated for premium processing by the Secretary on or before August 1, 2020 section 1101(a)(15) of this title (B) Other immigration benefit types With respect to an immigration benefit type designated for premium processing but not described in subparagraph (A), the initial premium fee shall be established by regulation, which shall include a detailed methodology supporting the proposed premium fee amount. (C) Biennial adjustment The Secretary may adjust a premium fee under subparagraph (A) or (B) on a biennial basis by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the second preceding calendar year. The provisions of section 553 of title 5 (4) Use of fee Fees collected under this subsection may only be used by U.S. Citizenship and Immigration Services to (A) provide the services described in paragraph (5) to premium processing requestors; (B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors; (C) respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and (D) otherwise offset the cost of providing adjudication and naturalization services. (5) Premium processing services The Secretary (A) may suspend the availability of premium processing for designated immigration benefit requests only if circumstances prevent the completion of processing of a significant number of such requests within the required period; and (B) shall ensure that premium processing requestors have direct and reliable access to current case status information as well as the ability to communicate with the premium processing units at each service center or office that provides premium processing services. (v) Fraud Prevention and Detection Account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the Fraud Prevention and Detection Account. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under paragraph (12) or (13) of section 1184(c) of this title (2) Use of fees to combat fraud (A) Secretary of State One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs and activities at United States embassies and consulates abroad (i) to increase the number 6 6 section 1101(a)(15) of this title (ii) otherwise to prevent and detect visa fraud, including primarily fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title (iii) upon request by the Secretary of Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities described in subparagraph (B). (B) Secretary of Homeland Security One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of Homeland Security until expended for programs and activities to prevent and detect immigration benefit fraud, including fraud with respect to petitions filed under paragraph (1) or (2)(A) of section 1184(c) of this title section 1101(a)(15) of this title (C) Secretary of Labor One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of Labor until expended for wage and hour enforcement programs and activities otherwise authorized to be conducted by the Secretary of Labor that focus on industries likely to employ nonimmigrants, including enforcement programs and activities described in section 1182(n) of this title section 1184(c)(14)(A)(i) of this title (D) Consultation The Secretary of State, the Secretary of Homeland Security, and the Secretary of Labor shall consult one another with respect to the use of the funds in the Fraud Prevention and Detection Account or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title section 1101(a)(15)(H)(ii) of this title ( June 27, 1952, ch. 477 66 Stat. 232 Pub. L. 97116,  13 Dec. 29, 1981 95 Stat. 1618 Pub. L. 99500,  101(b) [title II,  205(a), formerly  205] Oct. 18, 1986 100 Stat. 178339 Pub. L. 100525,  4(a)(2)(A) Oct. 24, 1988 102 Stat. 2615 Pub. L. 99591,  101(b) [title II,  205] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99653,  7(d)(1) Nov. 14, 1986 Pub. L. 100525,  8(f) Oct. 24, 1988 102 Stat. 2617 Pub. L. 10071, title I,  1 July 11, 1987 101 Stat. 394 Pub. L. 100459, title II,  209(a) Oct. 1, 1988 102 Stat. 2203 Pub. L. 100525,  4(a)(1) Oct. 24, 1988 102 Stat. 2614 Pub. L. 101162, title II Nov. 21, 1989 103 Stat. 1000 Pub. L. 101515, title II,  210(a) Nov. 5, 1990 104 Stat. 2120 Pub. L. 102232, title III,  309(a)(1)(A)(i) Dec. 12, 1991 105 Stat. 17571759 Pub. L. 102395, title I,  112 Oct. 6, 1992 106 Stat. 1843 Pub. L. 103121, title I Oct. 27, 1993 107 Stat. 1161 Pub. L. 103416, title II,  219(t) Oct. 25, 1994 108 Stat. 4317 Pub. L. 104208, div. C, title I Sept. 30, 1996 110 Stat. 3009560 Pub. L. 105119, title I,  110(1) Nov. 26, 1997 111 Stat. 2457 Pub. L. 105277, div. A,  101(b) [title I,  114] Oct. 21, 1998 112 Stat. 268150 Pub. L. 106113, div. B,  1000(a)(1) [title I,  118] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106313, title I Oct. 17, 2000 114 Stat. 1255 Pub. L. 106553,  1(a)(2) [title I,  112] Dec. 21, 2000 114 Stat. 2762 Pub. L. 106554,  1(a)(1) [title I,  106] Dec. 21, 2000 114 Stat. 2763 Pub. L. 10777, title I Nov. 28, 2001 115 Stat. 765 Pub. L. 107173, title IV,  403(a) May 14, 2002 116 Stat. 559 Pub. L. 107206, title I,  202 Aug. 2, 2002 116 Stat. 832 Pub. L. 107273, div. C, title I,  11016(2) Nov. 2, 2002 116 Stat. 1824 Pub. L. 107296, title IV,  457 Nov. 25, 2002 116 Stat. 2201 Pub. L. 1087, div. B, title I,  108 Feb. 20, 2003 117 Stat. 67 Pub. L. 10877, title IV,  402(d)(2) Sept. 3, 2003 117 Stat. 946 Pub. L. 108447, div. J, title IV Dec. 8, 2004 118 Stat. 3357 Pub. L. 10913, div. A, title VI,  6046 May 11, 2005 119 Stat. 295 Pub. L. 109472,  2 Jan. 11, 2007 120 Stat. 3554 Pub. L. 111117, div. D, title V,  524(a) Dec. 16, 2009 123 Stat. 3283 Pub. L. 114125, title VIII,  818(a) Feb. 24, 2016 130 Stat. 222 Pub. L. 115254, div. B, title V,  573 Oct. 5, 2018 132 Stat. 3389 Pub. L. 116159, div. D, title I,  4102(a) Oct. 1, 2020 134 Stat. 738 Pub. L. 117286,  4(a)(44) Dec. 27, 2022 136 Stat. 4310  Amendment of Section For termination of amendment by section 107(c) of Pub. L. 10877 Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (h)(1)(B), and (r)(2), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Subchapter C of chapter 33 of title 26, referred to in subsec. (f)(3), is classified to section 4261 et seq. of Title 26, Internal Revenue Code. Section 606 of Public Law 101162 section 606 of Pub. L. 101162 Nov. 21, 1989 103 Stat. 1031 Amendments 2022Subsec. (k). Pub. L. 117286 2020Subsec. (u). Pub. L. 116159 2018Subsec. (i). Pub. L. 115254 2016Subsec. (i). Pub. L. 114125 2009Subsec. (v)(2)(B), (C). Pub. L. 111117 Pub. L. 108447 (B) Secretary of homeland security section 1184(c) of this title section 1101(a)(15) of this title (C) Secretary of labor section 1182(n) of this title 2007Subsec. (v)(2)(A)(i). Pub. L. 109472,  2(1) Subsec. (v)(2)(A)(ii). Pub. L. 109472,  2(2) 2005Subsec. (s)(6). Pub. L. 10913,  6046 section 1182(a)(5)(A) of this title Subsec. (v). Pub. L. 10913,  403(b)(2) Subsec. (v)(1). Pub. L. 10913,  403(b)(1)(A) section 1184(c) of this title section 1184(c)(12) of this title Subsec. (v)(2)(A). Pub. L. 10913,  403(b)(1)(A) Subsec. (v)(2)(A)(i). Pub. L. 10913,  403(b)(1)(C) Subsec. (v)(2)(B). Pub. L. 10913,  403(b)(1)(A) Subsec. (v)(2)(C). Pub. L. 10913,  403(b)(1)(A) Subsec. (v)(2)(D). Pub. L. 10913,  403(b)(1)(A) section 1184(c) of this title section 1101(a)(15)(H)(ii) of this title 2004Subsec. (s)(2). Pub. L. 108447,  427(1) Subsec. (s)(3). Pub. L. 108447,  427(2) Subsec. (s)(4)(A). Pub. L. 108447,  427(3) Subsec. (s)(5). Pub. L. 108447,  427(4) Subsec. (s)(6). Pub. L. 108447,  427(5) section 1182(n)(1) of this title section 1182(n)(1) of this title section 1182(a)(5)(A) of this title section 1182(n)(2) of this title section 1182(n)(1) of this title section 1182(n)(1) of this title section 1101(a)(15)(H)(i)(b) of this title Subsec. (v). Pub. L. 108447,  426(b) 2003Subsec. (e)(3). Pub. L. 1087,  108 Provided Subsec. (m). Pub. L. 1087,  107 Pub. L. 107296,  457 Subsec. (s)(1). Pub. L. 10877 section 1184(c) of this title section 1184(c)(9) of this title 2002Subsec. (e)(3). Pub. L. 107206 Subsec. (g). Pub. L. 107173 Subsec. (m). Pub. L. 107296,  457 Pub. L. 1087,  107 Subsec. (q)(2). Pub. L. 107273 2001Subsec. (d). Pub. L. 10777,  109(1) Subsec. (e)(1). Pub. L. 10777,  109(2) Subsec. (e)(3). Pub. L. 10777,  109(3) Subsec. (q)(1)(A)(i). Pub. L. 10777,  110 2000Subsec. (s)(2). Pub. L. 106313,  110(a)(1) Subsec. (s)(3). Pub. L. 106313,  113(b) section 110(a)(2) of Pub. L. 106313 Pub. L. 106313,  110(a)(2) Subsec. (s)(4). Pub. L. 106313,  110(a)(3) (A) Grants for mathematics, engineering, or science enrichment courses section 1862(a)(1) of title 42 (B) Systemic reform activities section 1862(a)(1) of title 42 Subsec. (s)(5). Pub. L. 106313,  113(a) section 1184(c) of this title section 1101(a)(15)(H)(i)(b) of this title Subsec. (s)(6). Pub. L. 106554 section 1182(a)(5)(A) of this title section 1182(n)(1) of this title Pub. L. 106313,  113(b) Pub. L. 106313 Pub. L. 106313,  110(a)(4) Pub. L. 106313,  110(a)(5) Subsecs. (t), (u). Pub. L. 106553 1999Subsec. (q)(1)(A)(ii) to (iv). Pub. L. 106113 September 30, 2000 September 30, 2000 1998Subsec. (e)(1)(C). Pub. L. 105277,  101(b) [title I,  114] Subsec. (s). Pub. L. 105277,  414(b) 1997Subsec. (r)(2). Pub. L. 105119,  110(2)(A) section 1255(i)(3)(b) of this title Subsec. (r)(3). Pub. L. 105119,  110(2)(B) Subsec. (r)(4). Pub. L. 105119,  110(2)(C) Provided section 606 of Public Law 102395 Subsec. (s). Pub. L. 105119,  110(1) 1996Subsec. (a). Pub. L. 104208,  308(g)(1) Subsec. (h)(1)(A). Pub. L. 104208,  671(e)(5) Subsec. (h)(1)(B). Pub. L. 104208,  382(b) Subsec. (h)(2)(A). Pub. L. 104208,  124(a)(1)(B) Subsec. (h)(2)(A)(iv). Pub. L. 104208,  671(e)(6)(A) Pub. L. 104208,  124(a)(1)(A) Subsec. (h)(2)(A)(v). Pub. L. 104208,  671(e)(6)(B) Pub. L. 104208,  308(e)(1)(L) Pub. L. 104208,  308(d)(3)(A) Subsec. (h)(2)(A)(vi). Pub. L. 104208,  671(e)(6)(B) Pub. L. 104208,  308(d)(4)(K) Pub. L. 104208,  308(d)(3)(A) Subsec. (q)(1). Pub. L. 104208,  122(a)(1) Subsec. (q)(5). Pub. L. 104208,  122(a)(2) (5)(A) The program authorized in this subsection shall terminate on September 30, 1993 (B) The provisions set forth in this subsection shall take effect 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of the project specified in paragraph (1). (C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until September 30, 1993 Subsec. (r)(4), (6). Pub. L. 104208,  671(b)(11) Subsec. (s). Pub. L. 104208,  376(b) 1994Subsec. (r). Pub. L. 103416,  219(t)(1) Subsec. (r)(1). Pub. L. 103416,  219(t)(2) Subsec. (r)(2). Pub. L. 103416,  219(t)(3) Subsec. (r)(4). Pub. L. 103416,  219(t)(4) Pub. L. 103416,  219(t)(5) Public Law 102395 Subsec. (r)(5). Pub. L. 103416,  219(t)(6) Subsec. (r)(6). Pub. L. 103416,  219(t)(4) 1993Subsec. (d). Pub. L. 103121 Subsec. (h)(2)(A)(v), (vi). Pub. L. 103121 1992Subsec. (r). Pub. L. 102395 1991Subsec. (e)(1)(D). Pub. L. 102232,  309(b)(12) section 1101(b)(5) of this title Subsec. (f)(3). Pub. L. 102232,  309(a)(2)(B) Pub. L. 101515,  210(a)(2) Subsec. (h)(1)(A). Pub. L. 102232,  309(a)(2)(A)(i) Subsec. (m). Pub. L. 102232,  309(a)(2)(A)(ii) Pub. L. 102232,  309(a)(1)(A)(i)(I) Pub. L. 100459 Subsec. (n). Pub. L. 102232,  309(a)(1)(B) Pub. L. 101162 Pub. L. 102232,  309(a)(1)(A)(i)(I) Pub. L. 100459 Subsec. ( o Pub. L. 102232,  309(a)(1)(A)(i)(II) Pub. L. 102232,  309(a)(1)(A)(i)(I) Pub. L. 100459 Subsec. (p). Pub. L. 102232,  309(a)(1)(A)(i)(I) Pub. L. 100459 Subsec. (q)(2). Pub. L. 102232,  309(a)(2)(A)(iii) Subsec. (q)(3)(A). Pub. L. 102232,  309(a)(2)(A)(iii) Subsec. (q)(5)(B). Pub. L. 102232,  309(a)(2)(A)(v) 1990Subsec. (e)(1). Pub. L. 101515,  210(a)(1) Subsec. (f)(3). Pub. L. 101515,  210(a)(2) Pub. L. 102232,  309(a)(2)(B) Subsec. (g). Pub. L. 101515,  210(a)(3) Subsec. (h)(1)(A). Pub. L. 101515,  210(a)(4) Subsec. ( l Pub. L. 101515,  210(a)(5) l Subsec. (m). Pub. L. 101515,  210(d)(1) Provided further Subsec. (q). Pub. L. 101515,  210(d)(3) 1989Subsec. (n). Pub. L. 101162 Pub. L. 102232,  309(a)(1)(B) 1988Subsec. (a). Pub. L. 100525,  8(f) Pub. L. 99653,  7(d)(1) Subsecs. (d) to ( l Pub. L. 100525,  4(a)(2)(A) Pub. L. 99500 Pub. L. 99591 Subsec. (f)(3). Pub. L. 100525,  4(a)(1)(A) Subsec. (g). Pub. L. 100525,  4(a)(1)(B) section 1353b of this title section 1353(a) of this title Subsec. (h)(1)(A). Pub. L. 100525,  4(a)(1)(C)(i) Pub. L. 100525,  4(a)(1)(C)(ii) Subsec. (h)(1)(B). Pub. L. 100525,  4(a)(1)(C)(iii) Subsec. (h)(2)(A). Pub. L. 100525,  4(a)(1)(C)(vi) Subsec. (i). Pub. L. 100525,  4(a)(1)(D) Subsec. ( l Pub. L. 100525,  4(a)(1)(E) l (1) The provisions of this section and the amendments made by this section, shall apply with respect to immigration inspection services rendered after November 30, 1986 (2) Fees may be charged under subsection (d) of this section only with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1986 Subsecs. (m) to (p). Pub. L. 100459 Pub. L. 102232,  309(a)(1)(A)(i)(I) 1987Subsec. (h)(1)(A). Pub. L. 10071 Pub. L. 99500 Pub. L. 99591 1986Subsec. (a). Pub. L. 99653,  7(d)(1) Pub. L. 100525,  8(f) section 1228(b) of this title section 1228(c) of this title Subsecs. (d) to ( l Pub. L. 99500,  101(b) [title II,  205(a), formerly  205] Pub. L. 100525,  4(a)(2)(A) l Pub. L. 99591,  101(b) [title II,  205] Pub. L. 99500,  101(b) [title II,  205(a)] Pub. L. 100525,  4(d) Oct. 30, 1986 1981Subsecs. (b), (c). Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 2009 Amendment Pub. L. 111117, div. D, title V,  524(b) Dec. 16, 2009 123 Stat. 3284 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Dec. 16, 2009 Effective and Termination Dates of 2005 Amendment Amendment by section 403(b) of Pub. L. 10913 May 11, 2005 section 403(c) of Pub. L. 10913 section 1184 of this title Effective Date of 2004 Amendment Amendment by section 426(b) of Pub. L. 108447 Dec. 8, 2004 section 1184(c) of this title section 1202 of this title Dec. 8, 2004 section 426(c) of Pub. L. 108447 section 1184 of this title Effective and Termination Dates of 2003 Amendment Amendment by Pub. L. 10877 Jan. 1, 2004 section 107 of Pub. L. 10877 section 3805 of Title 19 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 Nov. 25, 2002 section 4 of Pub. L. 107296 section 101 of Title 6 Effective Date of 1996 Amendment Pub. L. 104208, div. C, title I,  124(a)(2) Sept. 30, 1996 110 Stat. 3009562 The amendments made by paragraph (1) [amending this section] shall apply to expenses incurred during or after fiscal year 1997. Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 376(b) of Pub. L. 104208 Sept. 30, 1996 section 376(c) of Pub. L. 104208 section 1255 of this title Amendment by section 382(b) of Pub. L. 104208 Sept. 30, 1996 section 382(c) of Pub. L. 104208 section 1330 of this title Amendment by section 671(b)(11) of Pub. L. 104208 Pub. L. 103416 section 671(b)(14) of Pub. L. 104208 section 1101 of this title Effective Date of 1994 Amendment Pub. L. 103416, title II,  219(t) Oct. 25, 1994 108 Stat. 4317 Pub. L. 102395 Effective Date of 1991 Amendment Pub. L. 102232, title III,  309(a)(3) Dec. 12, 1991 105 Stat. 1758 Pub. L. 103416, title II,  219(z)(6) Oct. 25, 1994 108 Stat. 4318 The amendments made by paragraphs (1)(A) [amending this section and section 1455 of this title Pub. L. 100459, title II Pub. L. 101162, title II Effective Date of 1990 Amendment Pub. L. 101515, title II,  210(b) Nov. 5, 1990 104 Stat. 2120 The amendment made by subsection (a)(1) of this section [amending this section] shall apply to fees charged only with respect to immigration inspection or preinspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1990 Effective Date of 1988 Amendment Amendment by section 4(a)(1), (2)(A) of Pub. L. 100525 section 101(b) of Pub. L. 99500 section 4(c) of Pub. L. 100525 section 1222 of this title Amendment by section 8(f) of Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendments Amendment by section 7(d)(1) of Pub. L. 99653 Nov. 14, 1986 section 23(a) of Pub. L. 99653 section 1101 of this title Pub. L. 99500,  101(b) [title II,  205(b)] Pub. L. 100525,  4(a)(2)(B) Oct. 24, 1988 102 Stat. 2615  (1) The amendments made by subsection (a) [amending this section] shall apply with respect to immigration inspection services rendered after November 30, 1986 (2) Fees may be charged under section 286(d) of the Immigration and Nationality Act [ 8 U.S.C. 1356(d) November 30, 1986 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5 Expansion to New Benefit Requests Pub. L. 116159, div. D, title I,  4102(b) Oct. 1, 2020 134 Stat. 740  (1)  In general Notwithstanding the requirement to set a fee by regulation under section 286(u)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1356(u)(3)(B) section 553 of title 5 (A) For a petition for classification under section 203(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(1)(C) (B) For an application under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 8 U.S.C. 1101(a)(15) (C) For an application under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 8 U.S.C. 1101(a)(15) (D) For an application for employment authorization, the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days. (2)  Clarification The required processing timeframe for each of the applications and petitions described in paragraph (1) shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security. Other Benefit Requests Pub. L. 116159, div. D, title I,  4102(c) Oct. 1, 2020 134 Stat. 740 In implementing the amendments made by subsection (a) [amending this section], the Secretary of Homeland Security shall develop and implement processes to ensure that the availability of premium processing, or its expansion to additional immigration benefit requests, does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated. Restoration of Provision Regarding Fees to Cover the Full Costs of All Adjudication Services Pub. L. 1087, div. L,  107 Feb. 20, 2003 117 Stat. 532 That no court shall have jurisdiction over any cause or claim arising under the provisions of section 457 of the Homeland Security Act of 2002 ( Public Law 107296 section 457 of Pub. L. 107296 Reporting Requirement Pub. L. 105277, div. C, title IV,  414(e) Pub. L. 106313, title I,  110(c) Oct. 17, 2000 114 Stat. 1256  The Secretary of Labor and the Director of the National Science Foundation shall (1) track and monitor the performance of programs receiving H1B Nonimmigrant Fee grant money; and (2) not later than one year after the date of enactment of this subsection [ Oct. 17, 2000 (A) the tracking system to monitor the performance of programs receiving H1B grant funding; and (B) the number of individuals who have completed training and have entered the high-skill workforce through these programs. Deposit of Receipts From Increased Charge for Immigrant Visas Caused by Processing Fingerprints Pub. L. 103317, title V Aug. 26, 1994 108 Stat. 1760 That hereafter all receipts received from an increase in the charge for Immigrant Visas in effect on September 30, 1994 Extension of Land Border Fee Pilot Project Pub. L. 104208, div. A,  101(a) [title I] Sept. 30, 1996 110 Stat. 3009 That the Land Border Fee Pilot Project scheduled to end September 30, 1996 September 30, 1999 Similar provisions were contained in the following prior appropriations act: Pub. L. 103121, title I Oct. 27, 1993 107 Stat. 1161 Pub. L. 103317, title I,  111 Aug. 26, 1994 108 Stat. 1736 Pub. L. 104208, div. C, title I,  122(b) Sept. 30, 1996 110 Stat. 3009560  1357. Powers of immigration officers and employees (a) Powers without warrant Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant (1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; (4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and (5) to make arrests (A) for any offense against the United States, if the offense is committed in the officers or employees presence, or (B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest. Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations. (b) Administration of oath; taking of evidence Any officer or employee of the Service designated by the Attorney General, whether individually or as one of a class, shall have power and authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the enforcement of this chapter and the administration of the Service; and any person to whom such oath has been administered, (or who has executed an unsworn declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28 section 1746 of title 28 section 1621 of title 18 (c) Search without warrant Any officer or employee of the Service authorized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may have reasonable cause to suspect that grounds exist for denial of admission to the United States under this chapter which would be disclosed by such search. (d) Detainer of aliens for violation of controlled substances laws In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official) (1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States, (2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney General of the arrest and of facts concerning the status of the alien, and (3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien. (e) Restriction on warrantless entry in case of outdoor agricultural operations Notwithstanding any other provision of this section other than paragraph (3) of subsection (a), an officer or employee of the Service may not enter without the consent of the owner (or agent thereof) or a properly executed warrant onto the premises of a farm or other outdoor agricultural operation for the purpose of interrogating a person believed to be an alien as to the persons right to be or to remain in the United States. (f) Fingerprinting and photographing of certain aliens (1) Under regulations of the Attorney General, the Commissioner shall provide for the fingerprinting and photographing of each alien 14 years of age or older against whom a proceeding is commenced under section 1229a of this title (2) Such fingerprints and photographs shall be made available to Federal, State, and local law enforcement agencies, upon request. (g) Performance of immigration officer functions by State officers and employees (1) Notwithstanding section 1342 of title 31 (2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws. (3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General. (4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision. (5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision. (6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee. (7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims). (8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law. (9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection. (10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State (A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or (B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States. (h) Protecting abused juveniles An alien described in section 1101(a)(27)(J) of this title section 1101(a)(27)(J)(iii)(I) of this title ( June 27, 1952, ch. 477 66 Stat. 233 Pub. L. 94550,  7 Oct. 18, 1976 90 Stat. 2535 Pub. L. 99570, title I,  1751(d) Oct. 27, 1986 100 Stat. 320747 Pub. L. 99603, title I,  116 Nov. 6, 1986 100 Stat. 3384 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2610 Pub. L. 101649, title V,  503(a) Nov. 29, 1990 104 Stat. 5048 Pub. L. 102232, title III,  306(a)(3) Dec. 12, 1991 105 Stat. 1751 Pub. L. 104208, div. C, title I,  133 Sept. 30, 1996 110 Stat. 3009563 Pub. L. 109162, title VIII,  826 Jan. 5, 2006 119 Stat. 3065 Pub. L. 109271,  6(g) Aug. 12, 2006 120 Stat. 763  Editorial Notes  References in Text This chapter, referred to in subsecs. (b) and (c), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2006Subsecs. (h), (i). Pub. L. 109271 Subsec. (i). Pub. L. 109162 Pub. L. 109162 1996Subsec. (a)(2), (4). Pub. L. 104208,  308(d)(4)(L)(i) Subsec. (c). Pub. L. 104208,  308(d)(4)(L)(ii) Subsec. (f)(1). Pub. L. 104208,  308(g)(5)(A)(i) Subsec. (g). Pub. L. 104208,  308(e)(1)(M) Pub. L. 104208,  133 1991Subsec. (a)(4). Pub. L. 102232 1990Subsec. (a). Pub. L. 101649,  503(a) Subsec. (f). Pub. L. 101649,  503(b)(1) 1988Subsec. (d). Pub. L. 100525,  5 Subsec. (e). Pub. L. 100525,  2(e)(2) Pub. L. 99603,  116 1986Subsec. (d). Pub. L. 99570 Subsec. (e). Pub. L. 99603 Pub. L. 100525,  2(e) Pub. L. 100525 1976Subsec. (b). Pub. L. 94550 section 1746 of title 28 section 1746 of title 28 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(d)(4)(L), (e)(1)(M), (g)(5)(A)(i) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1988 Amendment Amendment by section 2(e) of Pub. L. 100525 Pub. L. 99603 section 2(s) of Pub. L. 100525 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1358. Local jurisdiction over immigrant stations  The officers in charge of the various immigrant stations shall admit therein the proper State and local officers charged with the enforcement of the laws of the State or Territory of the United States in which any such immigrant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations. ( June 27, 1952, ch. 477 66 Stat. 234  1359. Application to American Indians born in Canada  Nothing in this subchapter shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race. ( June 27, 1952, ch. 477 66 Stat. 234  1360. Establishment of central file; information from other departments and agencies (a) Establishment of central file There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted or denied admission to the United States, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted or denied admission to the United States, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter. (b) Information from other departments and agencies Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency. (c) Reports on social security account numbers and earnings of aliens not authorized to work (1) Not later than 3 months after the end of each fiscal year (beginning with fiscal year 1996), the Commissioner of Social Security shall report to the Committees on the Judiciary of the House of Representatives and the Senate on the aggregate quantity of social security account numbers issued to aliens not authorized to be employed, with respect to which, in such fiscal year, earnings were reported to the Social Security Administration. (2) If earnings are reported on or after January 1, 1997 (d) Certification of search of Service records A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court. ( June 27, 1952, ch. 477 66 Stat. 234 Pub. L. 100525,  9(q) Oct. 24, 1988 102 Stat. 2621 Pub. L. 104208, div. C, title III,  308(d)(4)(M) Sept. 30, 1996 110 Stat. 3009618  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a). Pub. L. 104208,  308(d)(4)(M) Subsec. (c). Pub. L. 104208,  414(a) 1988Subsec. (c). Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(d)(4)(M) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Report on Fraudulent Use of Social Security Account Numbers Pub. L. 104208, div. C, title IV,  414(b) Sept. 30, 1996 110 Stat. 3009669 Pub. L. 108156,  3(d) Dec. 3, 2003 117 Stat. 1945 Sept. 30, 1996  1361. Burden of proof upon alien  Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this chapter. In any removal proceeding under part IV of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law. ( June 27, 1952, ch. 477 66 Stat. 234 Pub. L. 97116,  18(k)(1) Dec. 29, 1981 95 Stat. 1620 Pub. L. 104208, div. C, title III,  308(d)(4)(N) Sept. 30, 1996 110 Stat. 3009618  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996 Pub. L. 104208,  308(g)(9)(A) Pub. L. 104208,  308(e)(1)(N) Pub. L. 104208,  308(d)(4)(N) 1981 Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1362. Right to counsel  In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. ( June 27, 1952, ch. 477 66 Stat. 235 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009619  Editorial Notes Amendments 1996 Pub. L. 104208,  371(b)(9) Pub. L. 104208,  308(d)(4)(O) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(d)(4)(O) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 371(b)(9) of Pub. L. 104208 Sept. 30, 1996 section 371(d)(1) of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1363. Deposit of and interest on cash received to secure immigration bonds (a) Cash received by the Attorney General as security on an immigration bond shall be deposited in the Treasury of the United States in trust for the obligor on the bond, and shall bear interest payable at a rate determined by the Secretary of the Treasury, except that in no case shall the interest rate exceed 3 per centum per annum. Such interest shall accrue from date of deposit occurring after April 27, 1966 Provided, (b) The interest accruing on cash received by the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach of the immigration bond shall be paid to the obligor on the bond. ( June 27, 1952, ch. 477 Pub. L. 91313,  2 July 10, 1970 84 Stat. 413  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1363a. Undercover investigation authority (a) In general With respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States (1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following provisions of law: (A)  section 1341(a) of title 31 (B) section 6301(a) and (b)(1) to (3) of title 41, (C) chapter 45 of title 41, (D)  section 8141 of title 40 (E) section 3324(a) and (b) of title 31, (F)  section 6306 of title 41 (G)  section 3901 of title 41 (2) sums appropriated for the Service may be used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to the provisions of section 9102 of title 31 (3) sums appropriated for the Service, and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 section 3302(a) of title 31 (4) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302(b) of title 31 The authority set forth in this subsection may be exercised only upon written certification of the Commissioner, in consultation with the Deputy Attorney General, that any action authorized by paragraph (1), (2), (3), or (4) is necessary for the conduct of the undercover operation. (b) Disposition of proceeds no longer required As soon as practicable after the proceeds from an undercover investigative operation, carried out under paragraphs (3) and (4) of subsection (a), are no longer necessary for the conduct of the operation, the proceeds or the balance of the proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) Disposition of certain corporations and business entities If a corporation or business entity established or acquired as part of an undercover operation under paragraph (2) of subsection (a) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or Commissioners designee determines practicable, shall report the circumstances to the Attorney General, the Director of the Office of Management and Budget, and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. (d) Financial audits The Service shall conduct detailed financial audits of closed undercover operations on a quarterly basis and shall report the results of the audits in writing to the Deputy Attorney General. ( June 27, 1952, ch. 477 Pub. L. 104208, div. C, title II,  205(a) Sept. 30, 1996 110 Stat. 3009567  Editorial Notes Codification In subsec. (a)(1)(A), (E), (2) to (4),  section 1341(a) of title 31 31 U.S.C. 1341 31 U.S.C. 3324 section 9102 of title 31 31 U.S.C. 9102 section 3302(a) of title 31 31 U.S.C. 3302 section 3302(b) of title 31 31 U.S.C. 3302 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 In subsec. (a)(1)(B), (C), (F), section 6301(a) and (b)(1) to (3) of title 41 substituted for section 3732(a) of the Revised Statutes ( 41 U.S.C. 11(a) section 305 of the Act of June 30, 1949 63 Stat. 396 41 U.S.C. 255 section 6306 of title 41 41 U.S.C. 22 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 In subsec. (a)(1)(D),  section 8141 of title 40 March 3, 1877 19 Stat. 370 40 U.S.C. 34 Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 In subsec. (a)(1)(G),  section 3901 of title 41 63 Stat. 395 41 U.S.C. 254(a) Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Pub. L. 103355, title II,  2251(b) Oct. 13, 1994 108 Stat. 3320 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1363b. Repealed. Pub. L. 105277, div. A,  101(b) [title I,  109(b)] Oct. 21, 1998 112 Stat. 268150   Section, act June 27, 1952, ch. 477, title II Pub. L. 104208, div. C, title VI,  626(a) Sept. 30, 1996 110 Stat. 3009700 Pub. L. 105277 section 626 of Pub. L. 104208 Sept. 30, 1996 110 Stat. 3009700 section 626(a) of Pub. L. 104208  1364. Triennial comprehensive report on immigration (a) Triennial report The President shall transmit to the Congress, not later than January 1, 1989 (b) Details in each report Each report shall include (1) the number and classification of aliens admitted (whether as immediate relatives, special immigrants, refugees, or under the preferences classifications, or as nonimmigrants), paroled, or granted asylum, during the relevant period; (2) a reasonable estimate of the number of aliens who entered the United States during the period without visas or who became deportable during the period under section 237 of the Immigration and Nationality Act [ 8 U.S.C. 1227 (3) a description of the impact of admissions and other entries of immigrants, refugees, asylees, and parolees into the United States during the period on the economy, labor and housing markets, the educational system, social services, foreign policy, environmental quality and resources, the rate, size, and distribution of population growth in the United States, and the impact on specific States and local units of government of high rates of immigration resettlement. (c) History and projections The information (referred to in subsection (b)) contained in each report shall be (1) described for the preceding three-year period, and (2) projected for the succeeding five-year period, based on reasonable estimates substantiated by the best available evidence. (d) Recommendations The President also may include in such report any appropriate recommendations on changes in numerical limitations or other policies under title II of the Immigration and Nationality Act [ 8 U.S.C. 1151 ( Pub. L. 99603, title IV,  401 Nov. 6, 1986 100 Stat. 3440 Pub. L. 104208, div. C, title III,  308(g)(1) Sept. 30, 1996 110 Stat. 3009622  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 1996Subsec. (b)(2). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Executive Documents  Ex. Ord. No. 12789. Delegation of Reporting Functions Under the Immigration Reform and Control Act of 1986 Ex. Ord. No. 12789, Feb. 10, 1992 Feb. 28, 2003 By the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3 Public Law 99603 Pub. L. 99603 Nov. 6, 1986 100 Stat. 3440 section 1364 of this title Section 8 U.S.C. 1364 (b) perform, except for the functions in section 402(3)(A), the functions vested in the President by section 402 of the Reform Act ( 8 U.S.C. 1324a (c) perform, insofar as they relate to the initial report described in section 404(b), the functions vested in the President by section 404 of the Reform Act ( 8 U.S.C. 1255a Sec 8 U.S.C. 1324a (b) perform the functions vested in the President by section 403 of the Reform Act ( 8 U.S.C. 1188 (c) perform, insofar as they relate to the second report described in section 404(c), the functions vested in the President by section 404 of the Reform Act ( 8 U.S.C. 1255a Sec Sec  George Bush.  1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals (a) Reimbursement of States Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State. (b) Illegal aliens convicted of a felony An illegal alien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and (1) whose most recent entry into the United States was without inspection, or (2) whose most recent admission to the United States was as a nonimmigrant and (A) whose period of authorized stay as a nonimmigrant expired, or (B) whose unlawful status was known to the Government, before the date of the commission of the crime for which the alien is convicted. (c) Marielito Cubans convicted of a felony A Marielito Cuban convicted of a felony referred to in subsection (a) is a national of Cuba who (1) was allowed by the Attorney General to come to the United States in 1980, (2) after such arrival committed any violation of State or local law for which a term of imprisonment was imposed, and (3) at the time of such arrival and at the time of such violation was not an alien lawfully admitted to the United States (A) for permanent or temporary residence, or (B) under the terms of an immigrant visa or a nonimmigrant visa issued, under the laws of the United States. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. (e) State defined The term State has the meaning given such term in section 1101(a)(36) of this title ( Pub. L. 99603, title V,  501 Nov. 6, 1986 100 Stat. 3443  Editorial Notes Codification Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries Regulations Pub. L. 103317, title VIII Aug. 26, 1994 108 Stat. 1778 That the Attorney General shall promulgate regulations to (a) prescribe requirements for program participation eligibility for States, (b) require verification by States of the eligible incarcerated population data with the Immigration and Naturalization Service, (c) prescribe a formula for distributing assistance to eligible States, and (d) award assistance to eligible States. [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1365a. Integrated entry and exit data system (a) Requirement The Attorney General shall implement an integrated entry and exit data system. (b) Integrated entry and exit data system defined For purposes of this section, the term integrated entry and exit data system means an electronic system that (1) provides access to, and integrates, alien arrival and departure data that are (A) authorized or required to be created or collected under law; (B) in an electronic format; and (C) in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices; (2) uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States; (3) matches an aliens available arrival data with the aliens available departure data; (4) assists the Attorney General (and the Secretary of State, to the extent necessary to carry out such Secretarys obligations under immigration law) to identify, through on-line searching procedures, lawfully admitted nonimmigrants who may have remained in the United States beyond the period authorized by the Attorney General; and (5) otherwise uses available alien arrival and departure data described in paragraph (1) to permit the Attorney General to make the reports required under subsection (e). (c) Construction (1) No additional authority to impose documentary or data collection requirements Nothing in this section shall be construed to permit the Attorney General or the Secretary of State to impose any new documentary or data collection requirements on any person in order to satisfy the requirements of this section, including (A) requirements on any alien for whom the documentary requirements in section 1182(a)(7)(B) of this title section 1182(d)(4)(B) of this title (B) requirements that are inconsistent with the USMCA (as defined in section 4502 of title 19 (2) No reduction of authority Nothing in this section shall be construed to reduce or curtail any authority of the Attorney General or the Secretary of State under any other provision of law. (d) Deadlines (1) Airports and seaports Not later than December 31, 2003 (2) High-traffic land border ports of entry Not later than December 31, 2004 (3) Remaining data Not later than December 31, 2005 (e) Reports (1) In general Not later than December 31 of each year following the commencement of implementation of the integrated entry and exit data system, the Attorney General shall use the system to prepare an annual report to the Committees on the Judiciary of the House of Representatives and of the Senate. (2) Information Each report shall include the following information with respect to the preceding fiscal year, and an analysis of that information: (A) The number of aliens for whom departure data was collected during the reporting period, with an accounting by country of nationality of the departing alien. (B) The number of departing aliens whose departure data was successfully matched to the aliens arrival data, with an accounting by the aliens country of nationality and by the aliens classification as an immigrant or nonimmigrant. (C) The number of aliens who arrived pursuant to a nonimmigrant visa, or as a visitor under the visa waiver program under section 1187 of this title (D) The number of lawfully admitted nonimmigrants identified as having remained in the United States beyond the period authorized by the Attorney General, with an accounting by the aliens country of nationality. (f) Authority to provide access to system (1) In general Subject to subsection (d), the Attorney General, in consultation with the Secretary of State, shall determine which officers and employees of the Departments of Justice and State may enter data into, and have access to the data contained in, the integrated entry and exit data system. (2) Other law enforcement officials The Attorney General, in the discretion of the Attorney General, may permit other Federal, State, and local law enforcement officials to have access to the data contained in the integrated entry and exit data system for law enforcement purposes. (g) Use of task force recommendations The Attorney General shall continuously update and improve the integrated entry and exit data system as technology improves and using the recommendations of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2001 through 2008. ( Pub. L. 104208, div. C, title I,  110 Sept. 30, 1996 110 Stat. 3009558 Pub. L. 105259,  1 Oct. 15, 1998 112 Stat. 1918 Pub. L. 105277, div. A,  101(b) [title I,  116] Oct. 21, 1998 112 Stat. 268150 Pub. L. 106215,  2(a) June 15, 2000 114 Stat. 337 Pub. L. 116113, title V,  503(d)(1) Jan. 29, 2020 134 Stat. 72  Editorial Notes  References in Text Section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000, referred to in subsec. (g), is section 3 of Pub. L. 106215 Codification Section was formerly set out as a note under section 1221 of this title Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2020Subsec. (c)(1)(B). Pub. L. 116113 section 4502 of title 19 2000 Pub. L. 106215 (a) System October 15, 1998 March 30, 2001 (1) collect a record of departure for every alien departing the United States and match the records of departure with the record of the aliens arrival in the United States; (2) enable the Attorney General to identify, through on-line searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General; and (3) not significantly disrupt trade, tourism, or other legitimate cross-border traffic at land border ports of entry. (b) Report. (1) Deadline (2) Information (A) The number of departure records collected, with an accounting by country of nationality of the departing alien. (B) The number of departure records that were successfully matched to records of the aliens prior arrival in the United States, with an accounting by the aliens country of nationality and by the aliens classification as an immigrant or nonimmigrant. (C) The number of aliens who arrived as nonimmigrants, or as a visitor under the visa waiver program under section 1187 of this title (c) Use of Information on Overstays 1998Subsec. (a). Pub. L. 105277,  116(1) October 15, 1998 March 30, 2001 October 15, 1998 Pub. L. 105259 October 15, 1998 September 30, 1996 Subsec. (a)(3). Pub. L. 105277,  116(2) Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Effective Date of 2020 Amendment Amendment by Pub. L. 116113 July 1, 2020 section 503(f) of Pub. L. 116113 section 1184 of this title Visa Integrity and Security Pub. L. 10756, title IV,  414 Oct. 26, 2001 115 Stat. 353 Pub. L. 107173, title II,  201(b)(2) May 14, 2002 116 Stat. 547  (a)  Sense of Congress Regarding the Need To Expedite Implementation of Integrated Entry and Exit Data System. (1)  Sense of congress In light of the terrorist attacks perpetrated against the United States on September 11, 2001 (A) the Attorney General, in consultation with the Secretary of State, should fully implement the integrated entry and exit data system for airports, seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a (B) the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, and the Office of Homeland Security, should immediately begin establishing the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106215 (2)  Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to fully implement the system described in paragraph (1)(A). (b)  Development of the System In the development of the integrated entry and exit data system under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a (1) the utilization of biometric technology; and (2) the development of tamper-resistant documents readable at ports of entry. (c)  Interface With Law Enforcement Databases The entry and exit data system described in this section shall be able to interface with law enforcement databases for use by Federal law enforcement to identify and detain individuals who pose a threat to the national security of the United States. Task Force Pub. L. 106215,  3 June 15, 2000 114 Stat. 339 Pub. L. 10756, title IV,  415 Oct. 26, 2001 115 Stat. 354  (a)  Establishment Not later than 6 months after the date of the enactment of this Act [ June 15, 2000 (b)  Membership. (1)  Chairperson; appointment of members The Task Force shall be composed of the Attorney General and 16 other members appointed in accordance with paragraph (2). The Attorney General shall be the chairperson and shall appoint the other members. (2)  Appointment requirements In appointing the other members of the Task Force, the Attorney General shall include (A) representatives of Federal, State, and local agencies with an interest in the duties of the Task Force, including representatives of agencies with an interest in (i) immigration and naturalization; (ii) travel and tourism; (iii) transportation; (iv) trade; (v) law enforcement; (vi) national security; or (vii) the environment; and (B) private sector representatives of affected industries and groups. (3)  Terms Each member shall be appointed for the life of the Task Force. Any vacancy shall be filled by the Attorney General. (4)  Compensation. (A)  In general Each member of the Task Force shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B)  Travel expenses The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Task Force. (c)  Duties The Task Force shall evaluate the following: (1) How the Attorney General can efficiently and effectively carry out section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 8 U.S.C. 1365a (2) How the United States can improve the flow of traffic at airports, seaports, and land border ports of entry through (A) enhancing systems for data collection and data sharing, including the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 8 U.S.C. 1365a (B) increasing cooperation between the public and private sectors; (C) increasing cooperation among Federal agencies and among Federal and State agencies; and (D) modifying information technology systems while taking into account the different data systems, infrastructure, and processing procedures of airports, seaports, and land border ports of entry. (3) The cost of implementing each of its recommendations. (d)  Staff and Support Services. (1)  In general The Attorney General may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Task Force to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Task Force. (2)  Compensation The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5 (3)  Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (4)  Procurement of temporary and intermittent services The Attorney General may procure temporary and intermittent services for the Task Force under section 3109(b) of title 5 (5)  Administrative support services Upon the request of the Attorney General, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this section. (e)  Hearings and Sessions The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (f)  Obtaining Official Data The Task Force 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 Attorney General, the head of that department or agency shall furnish that information to the Task Force. (g)  Reports. (1)  Deadline Not later than December 31, 2002 (2)  Delegation The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing and transmitting any such report. (h)  Legislative Recommendations. (1)  In general The Attorney General shall make such legislative recommendations as the Attorney General deems appropriate (A) to implement the recommendations of the Task Force; and (B) to obtain authorization for the appropriation of funds, the expenditure of receipts, or the reprogramming of existing funds to implement such recommendations. (2)  Delegation The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing and transmitting any such legislative recommendations. (i)  Termination The Task Force shall terminate on a date designated by the Attorney General as the date on which the work of the Task Force has been completed. (j)  Authorization of Appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2001 through 2003.  1365b. Biometric entry and exit data system (a) Finding Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress finds that completing a biometric entry and exit data system as expeditiously as possible is an essential investment in efforts to protect the United States by preventing the entry of terrorists. (b) Definition In this section, the term entry and exit data system means the entry and exit system required by applicable sections of (1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104208 (2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106205 1 1 Public Law 106215 (3) the Visa Waiver Permanent Program Act ( Public Law 106396 (4) the Enhanced Border Security and Visa Entry Reform Act of 2002 ( Public Law 107173 8 U.S.C. 1701 (5) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 ( Public Law 10756 (c) Plan and report (1) Development of plan The Secretary of Homeland Security shall develop a plan to accelerate the full implementation of an automated biometric entry and exit data system. (2) Report Not later than 180 days after December 17, 2004 (A) a description of the current functionality of the entry and exit data system, including (i) a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric entry data systems in use and whether such screening systems are located at primary or secondary inspection areas; (ii) a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric exit data systems in use; (iii) a listing of databases and data systems with which the entry and exit data system are interoperable; (iv) a description of (I) identified deficiencies concerning the accuracy or integrity of the information contained in the entry and exit data system; (II) identified deficiencies concerning technology associated with processing individuals through the system; and (III) programs or policies planned or implemented to correct problems identified in subclause (I) or (II); and (v) an assessment of the effectiveness of the entry and exit data system in fulfilling its intended purposes, including preventing terrorists from entering the United States; (B) a description of factors relevant to the accelerated implementation of the biometric entry and exit data system, including (i) the earliest date on which the Secretary estimates that full implementation of the biometric entry and exit data system can be completed; (ii) the actions the Secretary will take to accelerate the full implementation of the biometric entry and exit data system at all ports of entry through which all aliens must pass that are legally required to do so; and (iii) the resources and authorities required to enable the Secretary to meet the implementation date described in clause (i); (C) a description of any improvements needed in the information technology employed for the biometric entry and exit data system; (D) a description of plans for improved or added interoperability with any other databases or data systems; and (E) a description of the manner in which the Department of Homeland Securitys US-VISIT program (i) meets the goals of a comprehensive entry and exit screening system, including both entry and exit biometric; and (ii) fulfills the statutory obligations under subsection (b). (d) Collection of biometric exit data The entry and exit data system shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to provide biometric entry data, regardless of the port of entry where such categories of individuals entered the United States. (e) Integration and interoperability (1) Integration of data system Not later than 2 years after December 17, 2004 (A) the Department of Homeland Security, at (i) the United States Immigration and Customs Enforcement; (ii) the United States Customs and Border Protection; and (iii) the United States Citizenship and Immigration Services; (B) the Department of Justice, at the Executive Office for Immigration Review; and (C) the Department of State, at the Bureau of Consular Affairs. (2) Interoperable component The fully integrated data system under paragraph (1) shall be an interoperable component of the entry and exit data system. (3) Interoperable data system Not later than 2 years after December 17, 2004 2 2 8 U.S.C. 1722 (A) whether to issue a visa; or (B) the admissibility or deportability of an alien. (f) Maintaining accuracy and integrity of entry and exit data system (1) Policies and procedures (A) Establishment The Secretary of Homeland Security shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, the entry and exit data system that ensure the accuracy and integrity of the data. (B) Training The Secretary shall develop training on the rules, guidelines, policies, and procedures established under subparagraph (A), and on immigration law and procedure. All personnel authorized to access information maintained in the databases and data system shall receive such training. (2) Data collected from foreign nationals The Secretary of Homeland Security, the Secretary of State, and the Attorney General, after consultation with directors of the relevant intelligence agencies, shall standardize the information and data collected from foreign nationals, and the procedures utilized to collect such data, to ensure that the information is consistent and valuable to officials accessing that data across multiple agencies. (3) Data maintenance procedures Heads of agencies that have databases or data systems linked to the entry and exit data system shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, such databases or data systems that ensure the accuracy and integrity of the data and for limiting access to the information in the databases or data systems to authorized personnel. (4) Requirements The rules, guidelines, policies, and procedures established under this subsection shall (A) incorporate a simple and timely method for (i) correcting errors in a timely and effective manner; (ii) determining which government officer provided data so that the accuracy of the data can be ascertained; and (iii) clarifying information known to cause false hits or misidentification errors; (B) include procedures for individuals to (i) seek corrections of data contained in the databases or data systems; and (ii) appeal decisions concerning data contained in the databases or data systems; (C) strictly limit the agency personnel authorized to enter data into the system; (D) identify classes of information to be designated as temporary or permanent entries, with corresponding expiration dates for temporary entries; and (E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry. (5) Centralizing and streamlining correction process (A) In general The President, or agency director designated by the President, shall establish a clearinghouse bureau in the Department of Homeland Security, to centralize and streamline the process through which members of the public can seek corrections to erroneous or inaccurate information contained in agency databases, which is related to immigration status, or which otherwise impedes lawful admission to the United States. (B) Time schedules The process described in subparagraph (A) shall include specific time schedules for reviewing data correction requests, rendering decisions on such requests, and implementing appropriate corrective action in a timely manner. (g) Integrated biometric entry-exit screening system The biometric entry and exit data system shall facilitate efficient immigration benefits processing by (1) ensuring that the systems tracking capabilities encompass data related to all immigration benefits processing, including (A) visa applications with the Department of State; (B) immigration related filings with the Department of Labor; (C) cases pending before the Executive Office for Immigration Review; and (D) matters pending or under investigation before the Department of Homeland Security; (2) utilizing a biometric based identity number tied to an applicants biometric algorithm established under the entry and exit data system to track all immigration related matters concerning the applicant; (3) providing that (A) all information about an applicants immigration related history, including entry and exit history, can be queried through electronic means; and (B) database access and usage guidelines include stringent safeguards to prevent misuse of data; (4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all agencies referred to in paragraph (1); and (5) providing continuing education in counterterrorism techniques, tools, and methods for all Federal personnel employed in the evaluation of immigration documents and immigration-related policy. (h) Entry-exit system goals The Department of Homeland Security shall operate the biometric entry and exit system so that it (1) serves as a vital counterterrorism tool; (2) screens travelers efficiently and in a welcoming manner; (3) provides inspectors and related personnel with adequate real-time information; (4) ensures flexibility of training and security protocols to most effectively comply with security mandates; (5) integrates relevant databases and plans for database modifications to address volume increase and database usage; and (6) improves database search capacities by utilizing language algorithms to detect alternate names. (i) Dedicated specialists and front line personnel training In implementing the provisions of subsections (g) and (h), the Department of Homeland Security and the Department of State shall (1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system; (2) provide extensive community outreach and education on the entry and exit data systems procedures; (3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and (4) establish ongoing training modules on immigration law to improve adjudications at our ports of entry, consulates, and embassies. (j) Compliance status reports Not later than 1 year after December 17, 2004 (k) Expediting registered travelers across international borders (1) Findings Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (A) Expediting the travel of previously screened and known travelers across the borders of the United States should be a high priority. (B) The process of expediting known travelers across the borders of the United States can permit inspectors to better focus on identifying terrorists attempting to enter the United States. (2) Definition In this subsection, the term registered traveler program means any program designed to expedite the travel of previously screened and known travelers across the borders of the United States. (3) International registered traveler program (A) In general The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be coordinated with the United States Visitor and Immigrant Status Indicator Technology program, other pre-screening initiatives, and the Visa Waiver Program. (B) Fees The Secretary may impose a fee for the program established under subparagraph (A) and may modify such fee from time to time. The fee may not exceed the aggregate costs associated with the program and shall be credited to the Department of Homeland Security for purposes of carrying out the program. Amounts so credited shall remain available until expended. (C) Rulemaking Within 365 days after December 26, 2007 (D) Implementation Not later than 2 years after December 26, 2007 (E) Participation The Secretary shall ensure that the international registered traveler program includes as many participants as practicable by (i) establishing a reasonable cost of enrollment; (ii) making program enrollment convenient and easily accessible; and (iii) providing applicants with clear and consistent eligibility guidelines. (4) Report Not later than 1 year after December 17, 2004 (l) Authorization of appropriations There are authorized to be appropriated to the Secretary, for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out the provisions of this section. ( Pub. L. 108458, title VII,  7208 Dec. 17, 2004 118 Stat. 3817 Pub. L. 110161, div. E, title V,  565 Dec. 26, 2007 121 Stat. 2091  Editorial Notes  References in Text The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (b)(1), is div. C of Pub. L. 104208 Sept. 30, 1996 110 Stat. 3009546 section 1101 of this title The Immigration and Naturalization Service Data Management Improvement Act of 2000, referred to in subsec. (b)(2), is Pub. L. 106215 June 15, 2000 114 Stat. 337 section 1365a of this title section 1101 of this title The Visa Waiver Permanent Program Act, referred to in subsec. (b)(3), is Pub. L. 106396 Oct. 30, 2000 114 Stat. 1637 section 1101 of this title The Enhanced Border Security and Visa Entry Reform Act of 2002, referred to in subsec. (b)(4), is Pub. L. 107173 May 14, 2002 116 Stat. 543 section 1701 of this title The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, referred to in subsec. (b)(5), was Pub. L. 10756 Oct. 26, 2001 115 Stat. 272 Pub. L. 10756 Pub. L. 109177, title I,  101(b) Mar. 9, 2006 120 Stat. 194 section 1 of Title 18 December 26, 2007 Pub. L. 110161 Codification Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2007Subsec. (k)(3). Pub. L. 110161  1366. Annual report on criminal aliens Not later than 12 months after September 30, 1996 (1) the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense; (2) the number of illegal aliens convicted of felonies in any Federal or State court, but not sentenced to incarceration, in the year before the report was submitted, stating the number convicted for each type of offense; (3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to removal; and (4) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States. ( Pub. L. 104208, div. C, title III,  332 Sept. 30, 1996 110 Stat. 3009634  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1367. Penalties for disclosure of information (a) In general Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments) (1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [ 8 U.S.C. 1101 (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouses or parents family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the aliens child or subjected the aliens child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty), (D) a member of the spouses or parents family residing in the same household as the alien who has battered the aliens child or subjected the aliens child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, (E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(U) 1 1 (F) in the case of an alien applying for status under section 101(a)(15)(T) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(T) section 7105(b)(1)(E)(i)(II)(bb) of title 22 8 U.S.C. 1254a(a)(3) March 31, 1999 8 U.S.C. 1101(a)(51) 2 2 unless the alien has been convicted of a crime or crimes listed in section 237(a)(2) of the Immigration and Nationality Act [ 8 U.S.C. 1227(a)(2) (2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(T) 8 U.S.C. 1229b(b)(2) The limitation under paragraph (2) ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted. (b) Exceptions (1) The Secretary of Homeland Security or the Attorney General may provide, in the Secretarys or the Attorney Generals discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13 (2) The Secretary of Homeland Security or the Attorney General may provide in the discretion of the Secretary or the Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information. (3) Subsection (a) shall not be construed as preventing disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information. (4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection. (5) The Secretary of Homeland Security and the Attorney General are authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 1641(c) of this title (6) Subsection (a) may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). (7) Government entities adjudicating applications for relief under subsection (a)(2), and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1101(i)(1) (8) Notwithstanding subsection (a)(2), the Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information. (c) Penalties for violations Anyone who willfully uses, publishes, or permits information to be disclosed in violation of this section or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act [ 8 U.S.C. 1229(e) (d) Guidance The Attorney General, Secretary of State, and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice, Department of State, or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence and severe forms of trafficking in persons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(u) ( Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009624 Pub. L. 10533, title V,  5572(b) Aug. 5, 1997 111 Stat. 641 Pub. L. 106386, div. B, title V,  1513(d) Oct. 28, 2000 114 Stat. 1536 Pub. L. 109162, title VIII,  817 Jan. 5, 2006 119 Stat. 3060 Pub. L. 109271,  6(h) Aug. 12, 2006 120 Stat. 763 Pub. L. 1134, title VIII,  810(a) Mar. 7, 2013 127 Stat. 117  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (a)(1), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Section is comprised of section 384 of div. C of Pub. L. 104208 section 384 of div. C of Pub. L. 104208 section 1160 of this title Amendments 2013Subsec. (a)(1). Pub. L. 1134,  810(d) Subsec. (b)(1). Pub. L. 1134,  810(a)(1) Subsec. (b)(2). Pub. L. 1134,  810(a)(2) Subsec. (b)(5). Pub. L. 1134,  810(a)(3) Subsec. (b)(8). Pub. L. 1134,  810(a)(4) Subsec. (d). Pub. L. 1134,  810(b) 8 U.S.C. 1101(a)(15)(u) 2006Subsec. (a). Pub. L. 109162,  817(1)(A) Subsec. (a)(1)(F). Pub. L. 109162,  817(1)(B) Subsec. (a)(2). Pub. L. 109271 Subsec. (b)(6), (7). Pub. L. 109162,  817(2) Subsec. (c). Pub. L. 109162,  817(3) Subsec. (d). Pub. L. 109162,  817(4) 2000Subsec. (a)(1)(E). Pub. L. 106386,  1513(d)(1) Subsec. (a)(2). Pub. L. 106386,  1513(d)(4) 1997Subsec. (b)(5). Pub. L. 10533 1996Subsec. (a)(2). Pub. L. 104208,  308(g)(8)(D) section 364(a)(2) of div. C of Pub. L. 104208 Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Pub. L. 10533, title V,  5582 Aug. 5, 1997 111 Stat. 643 Except as otherwise provided, the amendments made by this chapter [chapter 4 ( 55615582) of subtitle F of title V of Pub. L. 10533 Pub. L. 104193 Effective Date of 1996 Amendment Amendment by section 308(g)(8)(D) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Implementation Pub. L. 1134, title VIII,  810(c) Mar. 7, 2013 127 Stat. 118 Not later than 180 days after the date of the enactment of this Act [ Mar. 7, 2013 8 U.S.C. 1367(d)  1368. Increase in INS detention facilities; report on detention space (a) Increase in detention facilities Subject to the availability of appropriations, the Attorney General shall provide for an increase in the detention facilities of the Immigration and Naturalization Service to at least 9,000 beds before the end of fiscal year 1997. (b) Report on detention space (1) In general Not later than 6 months after September 30, 1996 (A) all aliens subject to detention under section 1226(c) of this title section 1231(a) of this title (B) all inadmissible or deportable aliens subject to proceedings under section 1228 of this title (C) other inadmissible or deportable aliens in accordance with the priorities established by the Attorney General. (2) Estimate of number of aliens released into the community (A) Criminal aliens (i) In general The first report submitted under paragraph (1) shall include an estimate of the number of criminal aliens who, in each of the 3 fiscal years concluded prior to the date of the report (I) were released from detention facilities of the Immigration and Naturalization Service (whether operated directly by the Service or through contract with other persons or agencies); or (II) were not taken into custody or detention by the Service upon completion of their incarceration. (ii) Aliens convicted of aggravated felonies The estimate under clause (i) shall estimate separately, with respect to each year described in such clause, the number of criminal aliens described in such clause who were convicted of an aggravated felony. (B) All inadmissible or deportable aliens The first report submitted under paragraph (1) shall also estimate the number of inadmissible or deportable aliens who were released into the community due to a lack of detention facilities in each of the 3 fiscal years concluded prior to the date of the report notwithstanding circumstances that the Attorney General believed justified detention (for example, a significant probability that the released alien would not appear, as agreed, at subsequent exclusion or deportation proceedings). (C) Subsequent reports Each report under paragraph (1) following the first such report shall include the estimates under subparagraphs (A) and (B), made with respect to the 6-month period immediately preceding the date of the submission of the report. ( Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009625  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 1996Subsec. (b). Pub. L. 104208,  308(g)(10)(G) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(g)(10)(G) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1369. Treatment of expenses subject to emergency medical services exception (a) In general Subject to such amounts as are provided in advance in appropriation Acts, each State or political subdivision of a State that provides medical assistance for care and treatment of an emergency medical condition (as defined in subsection (d)) through a public hospital or other public facility (including a nonprofit hospital that is eligible for an additional payment adjustment under section 1395ww of title 42 (b) Confirmation of immigration status required No payment shall be made under this section with respect to services furnished to an individual unless the immigration status of the individual has been verified through appropriate procedures established by the Secretary of Health and Human Services and the Attorney General. (c) Administration This section shall be administered by the Attorney General, in consultation with the Secretary of Health and Human Services. (d) Emergency medical condition defined For purposes of this section, the term emergency medical condition means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (1) placing the patients health in serious jeopardy, (2) serious impairment to bodily functions, or (3) serious dysfunction of any bodily organ or part. (e) Effective date Subsection (a) shall apply to medical assistance for care and treatment of an emergency medical condition furnished on or after January 1, 1997 ( Pub. L. 104208, div. C, title V,  562 Sept. 30, 1996 110 Stat. 3009682  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1370. Reimbursement of States and localities for emergency ambulance services Subject to the availability of appropriations, the Attorney General shall fully reimburse States and political subdivisions of States for costs incurred by such a State or subdivision for emergency ambulance services provided to any alien who (1) is injured while crossing a land or sea border of the United States without inspection or at any time or place other than as designated by the Attorney General; and (2) is under the custody of the State or subdivision pursuant to a transfer, request, or other action by a Federal authority. ( Pub. L. 104208, div. C, title V,  563 Sept. 30, 1996 110 Stat. 3009683  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1371. Reports Not later than 180 days after the end of each fiscal year, the Attorney General shall submit a report to the Inspector General of the Department of Justice and the Committees on the Judiciary of the House of Representatives and of the Senate describing the following: (1) Public charge deportations The number of aliens deported on public charge grounds under section 1227(a)(5) 1 1 (2) Indigent sponsors The number of determinations made under section 1631(e) of this title (3) Reimbursement actions The number of actions brought, and the amount of each action, for reimbursement under section 1183a of this title ( Pub. L. 104208, div. C, title V,  565 Sept. 30, 1996 110 Stat. 3009684  Editorial Notes  References in Text Section 1227(a)(5) of this title Pub. L. 104208, div. C, title III,  305(a)(2) Sept. 30, 1996 110 Stat. 3009598 Pub. L. 104208,  305(a)(3) section 1231 of this title Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants (a) In general (1) Program The Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall develop and conduct a program to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States the information described in subsection (c) with respect to aliens who (A) have the status, or are applying for the status, of nonimmigrants under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title (B) are nationals of the countries designated under subsection (b). (2) Deadline The program shall commence not later than January 1, 1998 (3) Aliens for whom a visa is required The Attorney General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify (A) the issuance of documentation of acceptance of a foreign student by an approved institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program; (B) the transmittal of the documentation referred to in subparagraph (A) to the Department of State for use by the Bureau of Consular Affairs; (C) the issuance of a visa to a foreign student or an exchange visitor program participant; (D) the admission into the United States of the foreign student or exchange visitor program participant; (E) the notification to an approved institution of higher education, other approved educational institution, or exchange visitor program sponsor that the foreign student or exchange visitor participant has been admitted into the United States; (F) the registration and enrollment of that foreign student in such approved institution of higher education or other approved educational institution, or the participation of that exchange visitor in such designated exchange visitor program, as the case may be; and (G) any other relevant act by the foreign student or exchange visitor program participant, including a changing of school or designated exchange visitor program and any termination of studies or participation in a designated exchange visitor program. (4) Reporting requirements Not later than 30 days after the deadline for registering for classes for an academic term of an approved institution of higher education or other approved educational institution for which documentation is issued for an alien as described in paragraph (3)(A), or the scheduled commencement of participation by an alien in a designated exchange visitor program, as the case may be, the institution or program, respectively, shall report to the Immigration and Naturalization Service any failure of the alien to enroll or to commence participation. (b) Covered countries The Attorney General, in consultation with the Secretary of State, shall designate countries for purposes of subsection (a)(1)(B). The Attorney General shall initially designate not less than 5 countries and may designate additional countries at any time while the program is being conducted. (c) Information to be collected (1) In general The information for collection under subsection (a) with respect to an alien consists of (A) the identity and current address in the United States of the alien; (B) the nonimmigrant classification of the alien and the date on which a visa under the classification was issued or extended or the date on which a change to such classification was approved by the Attorney General; (C) in the case of a student at an approved institution of higher education, or other approved educational institution,, 1 1 (D) in the case of a student at an approved institution of higher education, or other approved educational institution,, 1 2 2 (E) the date of entry and port of entry; (F) the date of the aliens enrollment in an approved institution of higher education, other approved educational institution, or designated exchange visitor program in the United States; (G) the degree program, if applicable, and field of study; and (H) the date of the aliens termination of enrollment and the reason for such termination (including graduation, disciplinary action or other dismissal, and failure to re-enroll). (2) FERPA The Family Educational Rights and Privacy Act of 1974 [ 20 U.S.C. 1232g (3) Electronic collection The information described in paragraph (1) shall be collected electronically, where practicable. (4) Computer software (A) Collecting institutions To the extent practicable, the Attorney General shall design the program in a manner that permits approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs to use existing software for the collection, storage, and data processing of information described in paragraph (1). (B) Attorney General To the extent practicable, the Attorney General shall use or enhance existing software for the collection, storage, and data processing of information described in paragraph (1). (5) Reporting requirements The Attorney General shall prescribe by regulation reporting requirements by taking into account the curriculum calendar of the approved institution of higher education, other approved educational institution, or exchange visitor program. (d) Participation by institutions of higher education and exchange visitor programs (1) Condition The information described in subsection (c) shall be provided by institutions of higher education, other approved educational institutions, or exchange visitor programs as a condition of (A) in the case of an approved institution of higher education, or other approved educational institution,, 1 section 1101(a)(15) of this title (B) in the case of an approved institution of higher education or a designated exchange visitor program, the granting of authority to issue documents to an alien demonstrating the aliens eligibility for a visa under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title (2) Effect of failure to provide information If an approved institution of higher education, other approved educational institution, or a designated exchange visitor program fails to provide the specified information, such approvals and such issuance of visas shall be revoked or denied. (e) Funding (1) In general Beginning on April 1, 1997 section 1101(a)(15) of this title (2) Remittance The fees collected under paragraph (1) shall be remitted by the alien pursuant to a schedule established by the Attorney General for immediate deposit and availability as described under section 1356(m) of this title (3) Aliens described An alien referred to in paragraph (1) is an alien who seeks nonimmigrant status under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title section 1101(a)(15)(J) of this title (4) Amount and use of fees (A) Establishment of amount The Attorney General shall establish the amount of the fee to be imposed on, and collected from, an alien under paragraph (1). Except as provided in subsection (g)(2), the fee imposed on any individual may not exceed $100, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title section 1101(a)(15)(J) of this title 3 3 (B) Use Fees collected under paragraph (1) shall be deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 1356(m) of this title (5) Proof of payment The alien shall present proof of payment of the fee before the granting of (A) a visa under section 1202 of this title section 1182(d)(4) of this title (B) change of nonimmigrant classification under section 1258 of this title (6) Implementation The provisions of section 553 of title 5 (f) Joint report Not later than 4 years after the commencement of the program established under subsection (a), the Attorney General, the Secretary of State, and the Secretary of Education shall jointly submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the operations of the program and the feasibility of expanding the program to cover the nationals of all countries. (g) Worldwide applicability of program (1) Expansion of program Not later than 12 months after the submission of the report required by subsection (f), the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall commence expansion of the program to cover the nationals of all countries. (2) Revision of fee After the program has been expanded, as provided in paragraph (1), the Attorney General may, on a periodic basis, revise the amount of the fee imposed and collected under subsection (e) in order to take into account changes in the cost of carrying out the program. (h) Definitions As used in this section: (1) Approved institution of higher education The term approved institution of higher education means a college or university approved by the Attorney General, in consultation with the Secretary of Education, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title (2) Designated exchange visitor program The term designated exchange visitor program means a program that has been (A) designated by the Secretary of State for purposes of section 1101(a)(15)(J) of this title (B) selected by the Attorney General for purposes of the program under this section. (3) Other approved educational institution The term other approved educational institution includes any air flight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title ( Pub. L. 104208, div. C, title VI,  641 Sept. 30, 1996 110 Stat. 3009704 Pub. L. 106396, title IV Oct. 30, 2000 114 Stat. 1649 Pub. L. 106553,  1(a)(2) [title I,  110] Dec. 21, 2000 114 Stat. 2762 Pub. L. 10756, title IV,  416(c) Oct. 26, 2001 115 Stat. 354 Pub. L. 107173, title V,  501(a) May 14, 2002 116 Stat. 560  Editorial Notes  References in Text The Family Educational Rights and Privacy Act of 1974, referred to in subsec. (c)(2), is section 513 of Pub. L. 93380 Aug. 21, 1974 88 Stat. 571 section 1232g of Title 20 section 1221 of Title 20 Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2002Subsec. (a)(3), (4). Pub. L. 107173,  501(a)(1) Subsec. (c)(1)(E) to (H). Pub. L. 107173,  501(a)(2) Subsec. (c)(5). Pub. L. 107173,  501(a)(3) 2001Subsec. (a)(1). Pub. L. 10756,  416(c)(1) Subsec. (c)(1)(C), (D). Pub. L. 10756,  416(c)(2) Subsec. (c)(4)(A). Pub. L. 10756,  416(c)(1) Subsec. (d)(1). Pub. L. 10756,  416(c)(1) Subsec. (d)(1)(A). Pub. L. 10756,  416(c)(2) Subsec. (d)(2). Pub. L. 10756,  416(c)(3) Subsec. (e)(1), (2). Pub. L. 10756,  416(c)(3) Subsec. (h)(3). Pub. L. 10756,  416(c)(4) 2000Subsec. (d)(1). Pub. L. 106396,  406(2) Subsec. (e)(1). Pub. L. 106396,  404(1) section 1101(a)(15) of this title (A) when the alien first registers with the institution or program after entering the United States; or (B) in a case where a registration under subparagraph (A) does not exist, when the alien first commences activities in the United States with the institution or program. Subsec. (e)(2). Pub. L. 106396,  404(2) Subsec. (e)(3). Pub. L. 106396,  404(3) Subsec. (e)(4)(A). Pub. L. 106553 section 1101(a)(15)(J) of this title Pub. L. 106396,  404(4)(A) Pub. L. 106396,  404(4)(A) section 1101(a)(15)(J) of this title Subsec. (e)(4)(B). Pub. L. 106396,  404(4)(B) Subsec. (e)(5), (6). Pub. L. 106396,  404(5) Subsec. (g)(1). Pub. L. 106396,  405 (A) In general (B) Deadline Subsec. (h)(2)(A). Pub. L. 106396,  406(1) Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Foreign Student Monitoring Program Pub. L. 10756, title IV,  416(a) Oct. 26, 2001 115 Stat. 354  (a)  Full Implementation and Expansion of Foreign Student Visa Monitoring Program Required The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(a) (b)  Integration With Port of Entry Information For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372  1373. Communication between government agencies and the Immigration and Naturalization Service (a) In general Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: (1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity. (c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. ( Pub. L. 104208, div. C, title VI,  642 Sept. 30, 1996 110 Stat. 3009707  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1374. Information regarding female genital mutilation (a) Provision of information regarding female genital mutilation The Immigration and Naturalization Service (in cooperation with the Department of State) shall make available for all aliens who are issued immigrant or nonimmigrant visas, prior to or at the time of entry into the United States, the following information: (1) Information on the severe harm to physical and psychological health caused by female genital mutilation which is compiled and presented in a manner which is limited to the practice itself and respectful to the cultural values of the societies in which such practice takes place. (2) Information concerning potential legal consequences in the United States for (A) performing female genital mutilation, or (B) allowing a child under his or her care to be subjected to female genital mutilation, under criminal or child protection statutes or as a form of child abuse. (b) Limitation In consultation with the Secretary of State, the Commissioner of Immigration and Naturalization shall identify those countries in which female genital mutilation is commonly practiced and, to the extent practicable, limit the provision of information under subsection (a) to aliens from such countries. (c) Female genital mutilation defined For purposes of this section, the term female genital mutilation means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minora, or labia majora. ( Pub. L. 104208, div. C, title VI,  644 Sept. 30, 1996 110 Stat. 3009708  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1375. Repealed. Pub. L. 109162, title VIII,  833(g) Jan. 5, 2006 119 Stat. 3077   Section, Pub. L. 104208, div. C, title VI,  652 Sept. 30, 1996 110 Stat. 3009712  1375a. Domestic violence information and resources for immigrants and regulation of international marriage brokers (a) Information for K nonimmigrants on legal rights and resources for immigrant victims of domestic violence (1) In general The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, shall develop an information pamphlet, as described in paragraph (2), on legal rights and resources for immigrant victims of domestic violence and distribute and make such pamphlet available as described in paragraph (5). In preparing such materials, the Secretary of Homeland Security shall consult with nongovernmental organizations with expertise on the legal rights of immigrant victims of battery, extreme cruelty, sexual assault, and other crimes. (2) Information pamphlet The information pamphlet developed under paragraph (1) shall include information on the following: (A) The K nonimmigrant visa application process and the marriage-based immigration process, including conditional residence and adjustment of status. (B) The illegality of domestic violence, sexual assault, and child abuse in the United States and the dynamics of domestic violence. (C) Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Assault Hotline. (D) The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other matters, including access to protection orders. (E) The obligations of parents to provide child support for children. (F) Marriage fraud under United States immigration laws and the penalties for committing such fraud. (G) A warning concerning the potential use of K nonimmigrant visas by United States citizens who have a history of committing domestic violence, sexual assault, child abuse, or other crimes and an explanation that such acts may not have resulted in a criminal record for such a citizen. (H) Notification of the requirement under subsection (d)(3)(A) that international marriage brokers provide foreign national clients with background information gathered on United States clients from searches of the National Sex Offender Public Website and collected from United States clients regarding their marital history and domestic violence or other violent criminal history, but that such information may not be complete or accurate because the United States client may not have a criminal record or may not have truthfully reported their marital or criminal record. (3) Summaries The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, shall develop summaries of the pamphlet developed under paragraph (1) that shall be used by Federal officials when reviewing the pamphlet in interviews under subsection (b). (4) Translation (A) In general In order to best serve the language groups having the greatest concentration of K nonimmigrant visa applicants, the information pamphlet developed under paragraph (1) shall, subject to subparagraph (B), be translated by the Secretary of State into foreign languages, including Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other languages as the Secretary of State, in the Secretarys discretion, may specify. (B) Revision Every 2 years, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, shall determine at least 14 specific languages into which the information pamphlet is translated based on the languages spoken by the greatest concentrations of K nonimmigrant visa applicants. (5) Availability and distribution The information pamphlet developed under paragraph (1) shall be made available and distributed as follows: (A) Mailings to K nonimmigrant visa applicants (i) The pamphlet shall be mailed by the Secretary of State to each applicant for a K nonimmigrant visa at the same time that the instruction packet regarding the visa application process is mailed to such applicant. The pamphlet so mailed shall be in the primary language of the applicant or in English if no translation into the applicants primary language is available. (ii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the mailing under clause (i), a copy of the petition submitted by the petitioner for such applicant under subsection (d) or (r) of section 1184 of this title (iii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the mailing described in clause (i), any criminal background information the Secretary of Homeland Security possesses with respect to a petitioner under subsection (d) or (r) of section 1184 of this title (iv) The Secretary of Homeland Security shall conduct a background check of the National Crime Information Centers Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 1184 of this title (I) shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and (II) shall not be used or disclosed for any other purpose unless expressly authorized by law. (v) The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 1184 of this title section 1184 of this title (I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition; (II) the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and (III) whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 1184 of this title section 1184 of this title (B) Consular access The pamphlet developed under paragraph (1) shall be made available to the public at all consular posts. The summaries described in paragraph (3) shall be made available to foreign service officers at all consular posts. (C) Posting on Federal websites The pamphlet developed under paragraph (1) shall be posted on the websites of the Department of State and the Department of Homeland Security, as well as on the websites of all consular posts processing applications for K nonimmigrant visas. (D) International marriage brokers and victim advocacy organizations The pamphlet developed under paragraph (1) shall be made available to any international marriage broker, government agency, or nongovernmental advocacy organization. (6) Deadline for pamphlet development and distribution The pamphlet developed under paragraph (1) shall be distributed and made available (including in the languages specified under paragraph (4)) not later than 120 days after January 5, 2006 (b) Visa and adjustment interviews (1) Fiance(e)s, spouses and their derivatives During an interview with an applicant for a K nonimmigrant visa, a consular officers shall (A) provide information, in the primary language of the visa applicant, on protection orders and criminal convictions collected under subsection (a)(5)(A)(iii); (B) provide a copy of the pamphlet developed under subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and (C) ask the applicant, in the primary language of the applicant, whether an international marriage broker has facilitated the relationship between the applicant and the United States petitioner, and, if so, obtain the identity of the international marriage broker from the applicant and confirm that the international marriage broker provided to the applicant the information and materials required under subsection (d)(3)(A)(iii). (2) Family-based applicants The pamphlet developed under subsection (a)(1) shall be distributed directly to applicants for family-based immigration petitions at all consular and adjustment interviews for such visas. The Department of State or Department of Homeland Security officer conducting the interview shall review the summary of the pamphlet with the applicant orally in the applicants primary language, in addition to distributing the pamphlet to the applicant in English or another appropriate language. (c) Confidentiality In fulfilling the requirements of this section, no official of the Department of State or the Department of Homeland Security shall disclose to a nonimmigrant visa applicant the name or contact information of any person who was granted a protection order or restraining order against the petitioner or who was a victim of a crime of violence perpetrated by the petitioner, but shall disclose the relationship of the person to the petitioner. (d) Regulation of international marriage brokers (1) Prohibition on marketing of or to children (A) In general An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18. (B) Compliance To comply with the requirements of subparagraph (A), an international marriage broker shall (i) obtain a valid copy of each foreign national clients birth certificate or other proof of age document issued by an appropriate government entity; (ii) indicate on such certificate or document the date it was received by the international marriage broker; (iii) retain the original of such certificate or document for 7 years after such date of receipt; and (iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph. (2) Requirements of international marriage brokers with respect to mandatory collection of background information (A) In general (i) Search of sex offender public website Each international marriage broker shall search the National Sex Offender Public Website, as required under paragraph (3)(A)(i). (ii) Collection of background information Each international marriage broker shall also collect the background information listed in subparagraph (B) about the United States client to whom the personal contact information of a foreign national client would be provided. (B) Background information The international marriage broker shall collect a certification signed (in written, electronic, or other form) by the United States client accompanied by documentation or an attestation of the following background information about the United States client: (i) Any temporary or permanent civil protection order or restraining order issued against the United States client. (ii) Any Federal, State, or local arrest or conviction of the United States client for homicide, murder, manslaughter, assault, battery, domestic violence, rape, sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, stalking, or an attempt to commit any such crime. (iii) Any Federal, State, or local arrest or conviction of the United States client for (I) solely, principally, or incidentally engaging in prostitution; (II) a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or (III) receiving, in whole or in part, of the proceeds of prostitution. (iv) Any Federal, State, or local arrest or conviction of the United States client for offenses related to controlled substances or alcohol. (v) Marital history of the United States client, including whether the client is currently married, whether the client has previously been married and how many times, how previous marriages of the client were terminated and the date of termination, and whether the client has previously sponsored an alien to whom the client was engaged or married. (vi) The ages of any of the United States clients children who are under the age of 18. (vii) All States and countries in which the United States client has resided since the client was 18 years of age. (3) Obligation of international marriage brokers with respect to informed consent (A) Limitation on sharing information about foreign national clients An international marriage broker shall not provide any United States client or representative with the personal contact information of any foreign national client unless and until the international marriage broker has (i) performed a search of the National Sex Offender Public Website for information regarding the United States client; (ii) collected background information about the United States client required under paragraph (2); (iii) provided to the foreign national client (I) in the foreign national clients primary language, a copy of any records retrieved from the search required under paragraph (2)(A)(i) or documentation confirming that such search retrieved no records; (II) in the foreign national clients primary language, a copy of the signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B); and (III) in the foreign national clients primary language (or in English or other appropriate language if there is no translation available into the clients primary language), the pamphlet developed under subsection (a)(1); and (iv) received from the foreign national client a signed, written consent, in the foreign national clients primary language, to release the foreign national clients personal contact information to the specific United States client. (B) Confidentiality In fulfilling the requirements of this paragraph, an international marriage broker shall disclose the relationship of the United States client to individuals who were issued a protection order or restraining order as described in clause (i) of paragraph (2)(B), or of any other victims of crimes as described in clauses (ii) through (iv) of such paragraph, but shall not disclose the name or location information of such individuals. (4) Limitation on disclosure An international marriage broker shall not provide the personal contact information of any foreign national client to any person or entity other than a United States client. Such information shall not be disclosed to potential United States clients or individuals who are being recruited to be United States clients or representatives. (5) Penalties (A) Federal civil penalty (i) Violation An international marriage broker that violates (or attempts to violate) paragraph (1), (2), (3), or (4) is subject to a civil penalty of not less than $5,000 and not more than $25,000 for each such violation. (ii) Procedures for imposition of penalty At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General after notice and an opportunity for an agency hearing on the record in accordance with subchapter II of chapter 5 of title 5 (popularly known as the Administrative Procedure Act). (B) Federal criminal penalties (i) Failure of international marriage brokers to comply with obligations Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States (I) except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18 or imprisoned for not more than 1 year, or both; or (II) knowingly violates or attempts to violate paragraphs 1 1 (ii) Misuse of information A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18 or imprisoned for not more than 1 year, or both. (iii) Fraudulent failures of United States clients to make required self-disclosures A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into entering a dating or matrimonial relationship, makes false or fraudulent representations regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance with title 18, imprisoned for not more than 1 year, or both. (iv) Relationship to other penalties The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual. (v) Construction Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order. (C) Additional remedies The penalties and remedies under this subsection are in addition to any other penalties or remedies available under law including equitable remedies. (6) Enforcement (A) Authority The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section. (B) Consultation The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section. (7) Nonpreemption Nothing in this subsection shall preempt (A) any State law that provides additional protections for aliens who are utilizing the services of an international marriage broker; or (B) any other or further right or remedy available under law to any party utilizing the services of an international marriage broker. (8) Effective date (A) In general Except as provided in subparagraph (B), this subsection shall take effect on the date that is 60 days after January 5, 2006 (B) Additional time allowed for information pamphlet The requirement for the distribution of the pamphlet developed under subsection (a)(1) shall not apply until 30 days after the date of its development and initial distribution under subsection (a)(6). (e) Definitions In this section: (1) Crime of violence The term crime of violence has the meaning given such term in section 16 of title 18 (2) Domestic violence The term domestic violence has the meaning given such term in section 3 of this Act. 2 2 (3) Foreign national client The term foreign national client means a person who is not a United States citizen or national or an alien lawfully admitted to the United States for permanent residence and who utilizes the services of an international marriage broker. Such term includes an alien residing in the United States who is in the United States as a result of utilizing the services of an international marriage broker and any alien recruited by an international marriage broker or representative of such broker. (4) International marriage broker (A) In general The term international marriage broker means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals. (B) Exceptions Such term does not include (i) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or (ii) an entity that provides dating services if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individuals gender or country of citizenship. (5) K nonimmigrant visa The term K nonimmigrant visa means a nonimmigrant visa under clause (i) or (ii) of section 1101(a)(15)(K) of this title (6) Personal contact information (A) In general The term personal contact information means information, or a forum to obtain such information, that would permit individuals to contact each other, including (i) the name or residential, postal, electronic mail, or instant message address of an individual; (ii) the telephone, pager, cellphone, or fax number, or voice message mailbox of an individual; or (iii) the provision of an opportunity for an in-person meeting. (B) Exception Such term does not include a photograph or general information about the background or interests of a person. (7) Representative The term representative means, with respect to an international marriage broker, the person or entity acting on behalf of such broker. Such a representative may be a recruiter, agent, independent contractor, or other international marriage broker or other person conveying information about or to a United States client or foreign national client, whether or not the person or entity receives remuneration. (8) State The term State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (9) United States The term United States, when used in a geographic sense, includes all the States. (10) United States client The term United States client means a United States citizen or other individual who resides in the United States and who utilizes the services of an international marriage broker, if a payment is made or a debt is incurred to utilize such services. (f) GAO studies and reports (1) Study The Comptroller General of the United States shall conduct a study (A) on the impact of this section and section 832 2 (i) annual numerical changes in petitions for K nonimmigrant visas; (ii) the annual number (and percentage) of such petitions that are denied under subsection (d)(2) or (r) of section 1184 of this title (iii) the annual number of waiver applications submitted under such a subsection, the number (and percentage) of such applications granted or denied, and the reasons for such decisions; (iv) the annual number (and percentage) of cases in which the criminal background information collected and provided to the applicant as required by subsection (a)(5)(A)(iii) contains one or more convictions; (v) the annual number and percentage of cases described in clause (iv) that were granted or were denied waivers under section 1184(d)(2) of this title (vi) the annual number of fiance(e) and spousal K nonimmigrant visa petitions or family-based immigration petitions filed by petitioners or applicants who have previously filed other fiance(e) or spousal K nonimmigrant visa petitions or family-based immigration petitions; (vii) the annual number of fiance(e) and spousal K nonimmigrant visa petitions or family-based immigration petitions filed by petitioners or applicants who have concurrently filed other fiance(e) or spousal K nonimmigrant visa petitioners or family-based immigration petitions; and (viii) the annual and cumulative number of petitioners and applicants tracked in the multiple filings database established under paragraph (4) of section 1184(r) of this title (B) regarding the number of international marriage brokers doing business in the United States, the number of marriages resulting from the services provided, and the extent of compliance with the applicable requirements of this section; (C) that assesses the accuracy and completeness of information gathered under section 832 2 (D) that examines, based on the information gathered, the extent to which persons with a history of violence are using either the K nonimmigrant visa process or the services of international marriage brokers, or both, and the extent to which such persons are providing accurate and complete information to the Department of State or the Department of Homeland Security and to international marriage brokers in accordance with subsections (a) and (d)(2)(B); and (E) that assesses the accuracy and completeness of the criminal background check performed by the Secretary of Homeland Security at identifying past instances of domestic violence. (2) Report Not later than 2 years after January 5, 2006 (3) Data collection The Secretary of Homeland Security and the Secretary of State shall collect and maintain the data necessary for the Comptroller General of the United States to conduct the study required by paragraph (1). (4) Continuing impact study and report (A) Study The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 3 3 (B) Report Not later than 2 years after March 7, 2013 (C) Data collection The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A). ( Pub. L. 109162, title VIII,  833 Jan. 5, 2006 119 Stat. 3068 Pub. L. 1134, title VIII Mar. 7, 2013 127 Stat. 113116  Editorial Notes  References in Text Section 3 of this Act, referred to in subsec. (e)(2), is section 3 of Pub. L. 109162 section 3796gg2 of Title 42 section 10447 of Title 34 Section 832, referred to in subsec. (f)(1)(A), (C), is section 832 of Pub. L. 109162 section 1184 of this title section 1184 of this title This Act, referred to in subsec. (f)(1)(A)(ii), (v), and (viii), is Pub. L. 109162 Jan. 5, 2006 119 Stat. 2960 section 10101 of Title 34 Codification Section was enacted as part of the International Marriage Broker Regulation Act of 2005, and also as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. Section is comprised of section 833 of Pub. L. 109162 section 833 of Pub. L. 109162 section 1375 of this title Amendments 2013Subsec. (a)(2)(H). Pub. L. 1134,  808(b) Subsec. (a)(5)(A)(iii). Pub. L. 1134,  807(b)(1)(A) Subsec. (a)(5)(A)(iv), (v). Pub. L. 1134,  807(b)(1)(B) Subsec. (b)(1)(A). Pub. L. 1134,  807(b)(2) Subsec. (d)(1). Pub. L. 1134,  808(c)(1) Subsec. (d)(2)(A)(i). Pub. L. 1134,  808(c)(2)(A) Subsec. (d)(2)(B)(ii). Pub. L. 1134,  808(c)(2)(B) Subsec. (d)(3)(A)(i). Pub. L. 1134,  808(c)(3)(A)(i) Subsec. (d)(3)(A)(iii)(II). Pub. L. 1134,  808(c)(3)(A)(ii) Subsec. (d)(3)(C). Pub. L. 1134,  808(c)(3)(B) Subsec. (d)(5)(A)(ii). Pub. L. 1134,  808(c)(4)(A) Subsec. (d)(5)(B). Pub. L. 1134,  808(c)(4)(B) Subsec. (d)(5)(C). Pub. L. 1134,  808(c)(4)(C) Subsec. (d)(6) to (8). Pub. L. 1134,  808(c)(5) Subsec. (f). Pub. L. 1134,  808(d)(1) Subsec. (f)(4). Pub. L. 1134,  808(d)(2)  1375b. Protections for domestic workers and other nonimmigrants (a) Information pamphlet and video for consular waiting rooms (1) Development and distribution The Secretary of State, in consultation with the Secretary of Homeland Security, the Attorney General, and the Secretary of Labor, shall develop an information pamphlet and video on legal rights and resources for aliens applying for employment- or education-based nonimmigrant visas. The video shall be distributed and shown in consular waiting rooms in embassies and consulates appropriate to the circumstances that are determined to have the greatest concentration of employment or education-based non-immigrant visa applicants, and where sufficient video facilities exist in waiting or other rooms where applicants wait or convene. The Secretary of State is authorized to augment video facilities in such consulates or embassies in order to fulfill the purposes of this section. (2) Consultation In developing the information pamphlet under paragraph (1), the Secretary of State shall consult with nongovernmental organizations with expertise on the legal rights of workers and victims of severe forms of trafficking in persons. (b) Contents The information pamphlet and video developed under subsection (a) shall include information concerning items such as (1) the nonimmigrant visa application processes, including information about the portability of employment; (2) the legal rights of employment or education-based nonimmigrant visa holders under Federal immigration, labor, and employment law; (3) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States; (4) the legal rights of immigrant victims of trafficking in persons and worker exploitation, including (A) the right of access to immigrant and labor rights groups; (B) the right to seek redress in United States courts; (C) the right to report abuse without retaliation; (D) the right of the nonimmigrant to relinquish possession of his or her passport to his or her employer; (E) the requirement of an employment contract between the employer and the nonimmigrant; and (F) an explanation of the rights and protections included in the contract described in subparagraph (E); and (5) information about nongovernmental organizations that provide services for victims of trafficking in persons and worker exploitation, including (A) anti-trafficking in persons telephone hotlines operated by the Federal Government; (B) the Operation Rescue and Restore hotline; and (C) a general description of the types of victims services available for individuals subject to trafficking in persons or worker exploitation. (c) Translation (1) In general To best serve the language groups having the greatest concentration of employment-based nonimmigrant visas, the Secretary of State shall translate the information pamphlet and produce or dub the video developed under subsection (a) into all relevant foreign languages, to be determined by the Secretary based on the languages spoken by the greatest concentrations of employment- or education-based nonimmigrant visa applicants. (2) Revision Every 2 years, the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, shall determine the specific languages into which the information pamphlet will be translated and the video produced or dubbed based on the languages spoken by the greatest concentrations of employment- or education-based nonimmigrant visa applicants. (d) Availability and distribution (1) Posting on Federal websites The information pamphlet and video developed under subsection (a) shall be posted on the websites of the Department of State, the Department of Homeland Security, the Department of Justice, the Department of Labor, and all United States consular posts processing applications for employment- or education-based nonimmigrant visas. (2) Other distribution The information pamphlet and video developed under subsection (a) shall be made available to any (A) government agency; (B) nongovernmental advocacy organization; or (C) foreign labor broker doing business in the United States. (3) Deadline for pamphlet development and distribution Not later than 180 days after December 23, 2008 (4) Deadline for video development and distribution Not later than 1 year after March 7, 2013 (e) Responsibilities of consular officers of the Department of State (1) Interviews A consular officer conducting an interview of an alien for an employment-based nonimmigrant visa shall (A) (i) confirm that the alien has received, read, and understood the contents of the pamphlet described in subsections (a) and (b); and (ii) if the alien has not received, read, or understood the contents of the pamphlet described in subsections (a) and (b), distribute and orally disclose to the alien the information described in paragraphs (2) and (3) in a language that the alien understands; and (B) offer to answer any questions the alien may have regarding the contents of the pamphlet described in subsections (a) and (b). (2) Legal rights The consular officer shall disclose to the alien (A) the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws; (B) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States; and (C) the legal rights of immigrant victims of trafficking in persons, worker exploitation, and other related crimes, including (i) the right of access to immigrant and labor rights groups; (ii) the right to seek redress in United States courts; and (iii) the right to report abuse without retaliation. (3) Victim services In carrying out the disclosure requirement under this subsection, the consular officer shall disclose to the alien the availability of services for victims of human trafficking and worker exploitation in the United States, including victim services complaint hotlines. (f) Definitions In this section: (1) Employment- or education-based nonimmigrant visa The term employment- or education-based nonimmigrant visa means (A) a nonimmigrant visa issued under subparagraph (A)(iii), (G)(v), (H), or (J) of section 1101(a)(15) of this title (B) any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to join an employer. (2) Severe forms of trafficking in persons The term severe forms of trafficking in persons has the meaning given the term in section 7102 of title 22 (3) Secretary The term Secretary means the Secretary of State. (4) Abusing and exploiting The term abusing and exploiting means any conduct which would constitute a violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of title 18. ( Pub. L. 110457, title II,  202 Dec. 23, 2008 122 Stat. 5055 Pub. L. 1134, title XII,  1206 Mar. 7, 2013 127 Stat. 140  Editorial Notes Codification Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2013Subsec. (a). Pub. L. 1134,  1206(1)(A) Subsec. (a)(1). Pub. L. 1134,  1206(1)(B) Subsec. (b). Pub. L. 1134,  1206(2) Subsec. (c)(1). Pub. L. 1134,  1206(3)(A) Subsec. (c)(2). Pub. L. 1134,  1206(3)(B) Subsec. (d)(1). Pub. L. 1134,  1206(4)(A) Subsec. (d)(2). Pub. L. 1134,  1206(4)(B) Subsec. (d)(4). Pub. L. 1134,  1206(4)(C)  1375c. Protections, remedies, and limitations on issuance for A3 and G5 visas (a) Limitations on issuance of A3 and G5 visas (1) Contract requirement Notwithstanding any other provision of law, the Secretary of State may not issue (A) an A3 visa unless the applicant is employed, or has signed a contract to be employed containing the requirements set forth in subsection (d)(2), 1 1 (B) a G5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in an international organization. (2) Suspension requirement Notwithstanding any other provision of law, the Secretary shall suspend, for a period of at least 1 year, except if the Secretary determines and reports to the appropriate congressional committees, in advance, the reasons a shorter period is in the national interest,, 2 2 (3) Action by diplomatic missions or international organizations The Secretary may suspend the application of the limitation under paragraph (2) if the Secretary determines and reports to the appropriate congressional committees that, as applicable, the unpaid default judgment or final civil judgement has been resolved, the diplomatic mission or international organization hosting the employer or family member has waived immunity for the employer or family member or the country that accredited the employer or family member or the country of citizenship of the employer or family member completed the prosecution of the employer or family member, and the diplomatic mission or international organization hosting the employer or family member has a mechanism in place to ensure that such abuse or exploitation does not reoccur with respect to any alien employed by an employee of such mission or institution. (b) Protections and remedies for A3 and G5 nonimmigrants employed by diplomats and staff of international organizations (1) In general The Secretary may not issue or renew an A3 visa or a G5 visa unless (A) the visa applicant has executed a contract with the employer or prospective employer containing provisions described in paragraph (2); and (B) a consular officer has conducted a personal interview with the applicant outside the presence of the employer or any recruitment agent in which the officer reviewed the terms of the contract and the provisions of the pamphlet required under section 1375b of this title (2) Mandatory contract The contract between the employer and domestic worker required under paragraph (1) shall include (A) an agreement by the employer to abide by all Federal, State, and local laws in the United States; (B) information on the frequency and form of payment, work duties, weekly work hours, holidays, sick days, and vacation days; and (C) an agreement by the employer not to withhold the passport, employment contract, or other personal property of the employee. (3) Training of consular officers The Secretary shall provide appropriate training to consular officers on the fair labor standards described in the pamphlet required under section 1375b of this title (4) Record keeping (A) In general The Secretary shall maintain records on the presence of nonimmigrants holding an A3 visa or a G5 visa in the United States, including (i) information about when the nonimmigrant entered and permanently exited the country of residence; (ii) the official title, contact information, and immunity level of the employer; and (iii) information regarding any allegations of employer abuse received by the Department of State. (c) Protection from removal during legal actions against former employers (1) Remaining in the United States to seek legal redress (A) Effect of complaint filing Except as provided in subparagraph (B), if a nonimmigrant holding an A3 visa or a G5 visa working in the United States files a civil action under section 1595 of title 18 (B) Exception An alien described in subparagraph (A) may be deported before the conclusion of the legal proceedings related to a civil action described in such subparagraph if such alien is (i) inadmissible under paragraph (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or (3)(F) of section 1182(a) of this title (ii) deportable under paragraph (2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or (4)(C) of section 1227(a) of this title (C) Failure to exercise due diligence If the Secretary of Homeland Security, after consultation with the Attorney General, determines that the nonimmigrant holding an A3 visa or a G5 visa has failed to exercise due diligence in pursuing an action described in subparagraph (A), the Secretary may terminate the status of the A3 or G5 nonimmigrant. (2) Authorization to work The Attorney General and the Secretary of Homeland Security shall authorize any nonimmigrant described in paragraph (1) to engage in employment in the United States during the period the nonimmigrant is in the United States pursuant to paragraph (1). (d) Study and report (1) Investigation report (A) In general Not later than 180 days after December 23, 2008 (B) Contents The report submitted under subparagraph (A) shall include (i) an assessment of the actions taken by the Department of State and the Department of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding an A3 visa or a G5 visa; and (ii) the results of such investigations. (2) Feasibility of oversight of employees of diplomats and representatives of other institutions report Not later than 180 days after December 23, 2008 (A) establishing a system to monitor the treatment of nonimmigrants holding an A3 visa or a G5 visa who have been admitted to the United States; (B) a range of compensation approaches, such as a bond program, compensation fund, or insurance scheme, to ensure that such nonimmigrants receive appropriate compensation if their employers violate the terms of their employment contracts; and (C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for (i) adjudicating claims of rights violations; (ii) determining the level of compensation; and (iii) administering the program, fund, or scheme. (e) Assistance to law enforcement investigations The Secretary shall cooperate, to the fullest extent possible consistent with the United States obligations under the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961 3 3 April 18, 1961 (f) Definitions In this section: (1) A3 visa The term A3 visa means a nonimmigrant visa issued pursuant to section 1101(a)(15)(A)(iii) of this title (2) G5 visa The term G5 visa means a nonimmigrant visa issued pursuant to section 1101(a)(15)(G)(v) of this title (3) Secretary The term Secretary means the Secretary of State. (4) Appropriate congressional committees The term appropriate congressional committees means (A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. ( Pub. L. 110457, title II,  203 Dec. 23, 2008 122 Stat. 5057 Pub. L. 115425, title I,  123 Jan. 8, 2019 132 Stat. 5479  Editorial Notes Codification Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2019Subsec. (a)(2). Pub. L. 115425,  123(1) Subsec. (a)(3). Pub. L. 115425,  123(2)  1376. Data on nonimmigrant overstay rates (a) Collection of data Not later than the date that is 180 days after April 27, 1998 section 1101(a)(15) of this title (b) Annual report Not later than June 30, 1999 ( Pub. L. 105173,  2 Apr. 27, 1998 112 Stat. 56  Editorial Notes Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1377. Collection of data on detained asylum seekers (a) In general The Attorney General shall regularly collect data on a nation-wide 1 1 (1) The number of detainees. (2) An identification of the countries of origin of the detainees. (3) The percentage of each gender within the total number of detainees. (4) The number of detainees listed by each year of age of the detainees. (5) The location of each detainee by detention facility. (6) With respect to each facility where detainees are held, whether the facility is also used to detain criminals and whether any of the detainees are held in the same cells as criminals. (7) The number and frequency of the transfers of detainees between detention facilities. (8) The average length of detention and the number of detainees by category of the length of detention. (9) The rate of release from detention of detainees for each district of the Immigration and Naturalization Service. (10) A description of the disposition of cases. (b) Annual reports Beginning October 1, 1999 (c) Availability to public Copies of the data collected under subsection (a) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe. ( Pub. L. 105277, div. A,  101(h) [title IX,  903] Oct. 21, 1998 112 Stat. 2681480  Editorial Notes Codification Section was enacted as part of the Haitian Refugee Immigration Fairness Act of 1998, and also as part of the Treasury and General Government Appropriations Act, 1999, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1377a. Report on aliens determined to have credible or reasonable fear of persecution or torture (a) Semimonthly updates Not later than 30 days after December 20, 2019 (1) the number of aliens determined to have a credible or reasonable fear of (A) persecution, as defined in section 1225(b)(1)(B)(v) of this title (B) torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018 (2) the total number of cases received by U.S. Citizenship and Immigration Services to adjudicate credible or reasonable fear claims, as described in paragraph (1), and the total number of cases closed. (b) Disaggregation of data Such report shall also disaggregate the data described in subsection (a) with respect to the following subsets (1) claims submitted by aliens detained at a U.S. Immigration and Customs Enforcement family residential center; (2) claims submitted by aliens organized by each subdivision of legal or administrative authority under which claims are reviewed; and (3) the job series of the personnel reviewing the claims. ( Pub. L. 11693, div. D, title IV,  403 Dec. 20, 2019 133 Stat. 2524  Editorial Notes Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2020, and also as part of the Consolidated Appropriations Act, 2020, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries Application of Section Pub. L. 117103, div. F, title IV,  403 Mar. 15, 2022 136 Stat. 334 The terms and conditions of section 403 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 11693 8 U.S.C. 1377a Pub. L. 117103 Prior Provisions Similar provisions were contained in the following prior appropriation act: Pub. L. 116260, div. F, title IV,  403 Dec. 27, 2020 134 Stat. 1467  1378. Collection of data on other detained aliens (a) In general The Attorney General shall regularly collect data on a nationwide basis on aliens being detained in the United States by the Immigration and Naturalization Service other than the aliens described in section 1377 of this title (1) The number of detainees who are criminal aliens and the number of detainees who are noncriminal aliens who are not seeking asylum. (2) An identification of the ages, gender, and countries of origin of detainees within each category described in paragraph (1). (3) The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State, or local facilities, in which each of the categories of detainees described in paragraph (1) are held. (b) Length of detention, transfers, and dispositions With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning (1) the number and frequency of transfers between detention facilities for each category of detainee; (2) the average length of detention of each category of detainee; (3) for each category of detainee, the number of detainees who have been detained for the same length of time, in 3-month increments; (4) for each category of detainee, the rate of release from detention for each district of the Immigration and Naturalization Service; and (5) for each category of detainee, the disposition of detention, including whether detention ended due to deportation, release on parole, or any other release. (c) Criminal aliens With respect to criminal aliens, the Attorney General shall also collect data concerning (1) the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and (2) a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General. (d) Annual reports Beginning on October 1, 1999 (e) Availability to public Copies of the data collected under subsections (a), (b), and (c) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe. ( Pub. L. 105277, div. A,  101(h) [title IX,  904] Oct. 21, 1998 112 Stat. 2681480  Editorial Notes Codification Section was enacted as part of the Haitian Refugee Immigration Fairness Act of 1998, and also as part of the Treasury and General Government Appropriations Act, 1999, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1378a. Report on aliens detained Not later than 7 days after December 20, 2019 (1) aliens detained by such agency, including data disaggregated by single adults and members of family units on (A) the average fiscal year-to-date daily populations of aliens detained; (B) the daily count of aliens detained; (C) the fiscal year-to-date total for book-ins; (D) the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F); (E) the number transferred to the custody of U.S. Immigration and Customs Enforcement by U.S. Customs and Border Protection after being (i) deemed inadmissible at a port of entry or after being apprehended within 14 days of entering the United States; or (ii) arrested by U.S. Immigration and Customs Enforcement; (F) the number determined to have a credible or reasonable fear of (i) persecution, as defined in section 1225(b)(1)(B)(v) of this title (ii) torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018 (G) the number who have been issued a Notice to Appear pursuant to section 1229 of this title 1 1 (2) the total number of enrollees in the Alternatives to Detention program and the average length of participation, disaggregated by (A) single adults and family heads of household; (B) participants in the family case management program; (C) level of supervision; and (D) location of supervision, by field office; (3) for each facility where aliens are detained by U.S. Immigration and Customs Enforcement (A) the address; (B) the field offices that assign detainees to the facility; (C) the detailed facility type, as defined in the integrated decision support system; (D) the gender of aliens detained; (E) the average daily population of detainees within each detainee classification level, as defined in the integrated decision support system; (F) the average daily population of individuals within each threat level, as defined in the integrated decision support system; (G) the average daily population within each criminality category, as defined in the integrated decision support system, disaggregated by gender; (H) the average length of stay; (I) the average daily population of individuals whose detention is classified as mandatory; (J) the performance standards to which the facility is held; (K) the date of the two most recent inspections, the entity that performed each inspection, and a detailed summary of the results of such inspections; and (L) the guaranteed minimum detention capacity, if applicable; and (4) the total number of releases from custody, by condition of release, and total number of removals, disaggregated by adult facilities and family facilities. ( Pub. L. 11693, div. D, title II,  218 Dec. 20, 2019 133 Stat. 2514  Editorial Notes Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2020, and also as part of the Consolidated Appropriations Act, 2020, and not as part of the Immigration and Nationality Act which comprises this chapter. Prior Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 1166, div. A, title II,  226 Feb. 15, 2019 133 Stat. 27 Statutory Notes and Related Subsidiaries Additional Reporting Requirements Pub. L. 117328, div. F, title II,  216 Dec. 29, 2022 136 Stat. 4736 The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116260 Similar provisions were contained in the following prior appropriation act: Pub. L. 117103, div. F, title II,  217 Mar. 15, 2022 136 Stat. 323 Pub. L. 116260, div. F, title II,  216 Dec. 27, 2020 134 Stat. 1457  The reports required to be submitted under section 218 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 11693 8 U.S.C. 1378a Dec. 27, 2020 (1) the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F), for individuals who remain in detention as of the last date of each such reporting period; (2) the number who have been in detention, disaggregated by the number of detainees described in subparagraph (F), for each of the following (A) over 2 years; (B) from over 1 year to 2 years; (C) from over 6 months to 1 year; and (D) for less than 6 months; and (3) the number of individuals described in section 115.5 of title 28, Code of Federal Regulations, including the use and duration of solitary confinement for such person.  1379. Technology standard to confirm identity (1) In general The Attorney General and the Secretary of State jointly, through the National Institute of Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal law enforcement and intelligence agencies the Attorney General or Secretary of State deems appropriate and in consultation with Congress, shall within 15 months after October 26, 2001 (2) Interoperable The technology standard developed pursuant to paragraph (1), shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully interoperable means to share law enforcement and intelligence information necessary to confirm the identity of such persons applying for a United States visa or such person seeking to enter the United States pursuant to a visa. (3) Accessible The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to (A) all consular officers responsible for the issuance of visas; (B) all Federal inspection agents at all United States border inspection points; and (C) all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa. (4) Report Not later than one year after October 26, 2001 (5) Funding There is authorized to be appropriated to the Secretary of State, the Attorney General, and the Director of the National Institute of Standards and Technology such sums as may be necessary to carry out the provisions of this section. ( Pub. L. 10756, title IV,  403(c) Oct. 26, 2001 115 Stat. 344 Pub. L. 107173, title II May 14, 2002 116 Stat. 548  Editorial Notes Codification Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2002Par. (1). Pub. L. 107173 Par. (2). Pub. L. 107173,  202(a)(4)(B)(ii) Par. (4). Pub. L. 107173,  201(c)(5)(B) Statutory Notes and Related Subsidiaries Report on the Integrated Automated Fingerprint Identification System for Ports of Entry and Overseas Consular Posts Pub. L. 10756, title IV,  405 Oct. 26, 2001 115 Stat. 345  (a)  In General The Attorney General, in consultation with the appropriate heads of other Federal agencies, including the Secretary of State, Secretary of the Treasury, and the Secretary of Transportation, shall report to Congress on the feasibility of enhancing the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation and other identification systems in order to better identify a person who holds a foreign passport or a visa and may be wanted in connection with a criminal investigation in the United States or abroad, before the issuance of a visa to that person or the entry or exit from the United States by that person. (b)  Authorization of Appropriations There is authorized to be appropriated not less than $2,000,000 to carry out this section.  1380. Maintenance of statistics by the Department of Homeland Security (a) In general The Department of Homeland Security shall maintain statistics regarding petitions filed, approved, extended, and amended with respect to nonimmigrants described in section 1101(a)(15)(L) of this title (b) Applicability Subsection (a) shall apply to petitions filed on or after the effective date of this subtitle. ( Pub. L. 108447, div. J, title IV,  414 Dec. 8, 2004 118 Stat. 3352  Editorial Notes  References in Text This subtitle, referred to in subsec. (b), means subtitle A ( 411417) of title IV of div. J of Pub. L. 108447 section 417 of Pub. L. 108447 section 1184 of this title Codification Section was enacted as part of the L1 Visa (Intracompany Transferee) Reform Act of 2004, and also as part of the L1 Visa and H1B Visa Reform Act and the Consolidated Appropriations Act, 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Dec. 8, 2004 section 417 of Pub. L. 108447 section 1184 of this title  1381. Secretary of Labor report Not later than January 31 of each year, the Secretary of Labor shall report to the Committees on the Judiciary of the Senate and the House of Representatives on the investigations undertaken based on (1) the authorities described in clauses (i) and (ii) of section 1182(n)(2)(G) of this title (2) the expenditures by the Secretary of Labor described in section 1356(v)(2)(D) of this title ( Pub. L. 108447, div. J, title IV,  424(c) Dec. 8, 2004 118 Stat. 3356  Editorial Notes Codification Section was enacted as part of the H1B Visa Reform Act of 2004, and also as part of the L1 Visa and H1B Visa Reform Act and the Consolidated Appropriations Act, 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries Effective Date Section effective 90 days after Dec. 8, 2004 section 430 of Pub. L. 108447 section 1182 of this title  1382. Acceptance and administration of gifts for immigration integration grants program  The Director of U.S. Citizenship and Immigration Services is authorized in fiscal year 2017, and in each fiscal year thereafter, to solicit, accept, administer, and utilize gifts, including donations of property, for the purpose of providing an immigrant integration grants program and related activities to promote citizenship and immigrant integration: Provided Provided further ( Pub. L. 11531, div. F, title IV,  404(c) May 5, 2017 131 Stat. 422  Editorial Notes Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Immigration and Nationality Act which comprises this chapter. SUBCHAPTER III NATIONALITY AND NATURALIZATION Part I Nationality at Birth and Collective Naturalization  1401. Nationals and citizens of United States at birth The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof; (b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided (c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person; (d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; (e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person; (f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided section 288 of title 22 section 288 of title 22 December 24, 1952 (h) a person born before noon (Eastern Standard Time) May 24, 1934 ( June 27, 1952, ch. 477 66 Stat. 235 Pub. L. 89770 Nov. 6, 1966 80 Stat. 1322 Pub. L. 92584 Oct. 27, 1972 86 Stat. 1289 Pub. L. 95432 Oct. 10, 1978 92 Stat. 1046 Pub. L. 99653,  12 Nov. 14, 1986 100 Stat. 3657 Pub. L. 103416, title I,  101(a) Oct. 25, 1994 108 Stat. 4306  Editorial Notes Constitutionality For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov. Amendments 1994Subsec. (h). Pub. L. 103416 1986Subsec. (g). Pub. L. 99653 1978Subsec. (a). Pub. L. 95432,  3 Subsec. (b). Pub. L. 95432,  1 Subsec. (c). Pub. L. 95432,  1 May 24, 1934 May 24, 1934 Subsec. (d). Pub. L. 95432,  1 Oct. 27, 1972 Oct. 27, 1972 Pub. L. 92584 1972Subsec. (b). Pub. L. 92584,  1 Subsec. (d). Pub. L. 92584,  3 1966Subsec. (a)(7). Pub. L. 89770 December 24, 1952 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99653,  23(d) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2619 The amendment made by section 12 [amending this section] shall apply to persons born on or after November 14, 1986 Effective Date of 1978 Amendment Pub. L. 95432,  1 Oct. 10, 1978 92 Stat. 1046 Oct. 10, 1978 Effective Date Chapter effective 180 days after June 27, 1952 June 27, 1952 section 1101 of this title Waiver of Retention Requirements Pub. L. 103416, title I,  101(b) Oct. 25, 1994 108 Stat. 4306 Any provision of law (including section 301(b) of the Immigration and Nationality Act [ 8 U.S.C. 1401(b) October 10, 1978 8 U.S.C. 601(g) Retroactive Application of 1994 Amendment Pub. L. 103416, title I,  101(c) Oct. 25, 1994 108 Stat. 4306  (1) Except as provided in paragraph (2), the immigration and nationality laws of the United States shall be applied (to persons born before, on, or after the date of the enactment of this Act [ Oct. 25, 1994 8 U.S.C. 6 May 24, 1934 48 Stat. 797 (2) The retroactive application of the amendment made by subsection (a), and subsection (b), shall not confer citizenship on, or affect the validity of any denaturalization, deportation, or exclusion action against, any person who is or was excludable from the United States under section 212(a)(3)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(E) l Applicability of Transmission Requirements Pub. L. 103416, title I,  101(d) Oct. 25, 1994 108 Stat. 4306 Pub. L. 104208, div. C, title VI,  671(b)(1) Sept. 30, 1996 110 Stat. 3009721 This section [amending this section and enacting provisions set out above], the amendments made by this section, and any retroactive application of such amendments shall not effect the application of any provision of law relating to residence or physical presence in the United States for purposes of transmitting United States citizenship to any person whose claim is based on the amendment made by subsection (a) [amending this section] or through whom such a claim is derived. Admission of Alaska as State Alaska Statehood provisions as not conferring, terminating, or restoring United States nationality, see section 21 of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1401a. Birth abroad before 1952 to service parent  Section 1401(g) of this title January 12, 1941 December 24, 1952 December 31, 1946 December 24, 1952 ( Mar. 16, 1956, ch. 85 70 Stat. 50 Pub. L. 97116,  18(u)(2) Dec. 29, 1981 95 Stat. 1621  Editorial Notes  References in Text Section 201(g) and (i) of the Nationality Act of 1940, referred to in text, which were repealed by act June 27, 1952, ch. 477, title IV,  403(a)(42) 66 Stat. 280 Dec. 24, 1952  The following shall be nationals and citizens of the United States at birth: * * * * * (g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided Provided further The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the childs birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commercial, or financial organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation: * * * * * (i) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who has served or shall serve honorably in the armed forces of the United States after December 7, 1941 Provided Provided further Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Amendments 1981 Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  1401b. Repealed. Pub. L. 92584,  2 Oct. 27, 1972 86 Stat. 1289   Section, Pub. L. 85316,  16 Sept. 11, 1957 71 Stat. 644 section 1401(b) of this title section 1401(b) of this title  1402. Persons born in Puerto Rico on or after April 11, 1899  All persons born in Puerto Rico on or after April 11, 1899 January 13, 1941 January 13, 1941 January 13, 1941 January 13, 1941 ( June 27, 1952, ch. 477 66 Stat. 236  1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904 (a) Any person born in the Canal Zone on or after February 26, 1904 (b) Any person born in the Republic of Panama on or after February 26, 1904 ( June 27, 1952, ch. 477 66 Stat. 236  Editorial Notes  References in Text For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22 The effective date of this chapter, referred to in text, is the 180th day immediately following June 27, 1952 June 27, 1952 section 1101 of this title Statutory Notes and Related Subsidiaries  Change of Name Panama Railroad Company redesignated Panama Canal Company by act Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1038 section 3602(b)(5) of Title 22  1404. Persons born in Alaska on or after March 30, 1867  A person born in Alaska on or after March 30, 1867 March 30, 1867 June 2, 1924 June 2, 1924 June 2, 1924 ( June 27, 1952, ch. 477 66 Stat. 237  Statutory Notes and Related Subsidiaries Admission of Alaska as State Alaska Statehood provisions as not repealing, amending, or modifying the provisions of this section, see section 24 of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1405. Persons born in Hawaii  A person born in Hawaii on or after August 12, 1898 April 30, 1900 April 30, 1900 April 30, 1900 August 12, 1898 April 30, 1900 ( June 27, 1952, ch. 477 66 Stat. 237  Executive Documents Admission of Hawaii as State Hawaii Statehood provisions as not repealing, amending, or modifying the provisions of this section, see section 20 of Pub. L. 863 Mar. 18, 1959 73 Stat. 13  1406. Persons living in and born in the Virgin Islands (a) The following persons and their children born subsequent to January 17, 1917 February 25, 1927 (1) All former Danish citizens who, on January 17, 1917 February 25, 1927 August 4, 1916 (2) All natives of the Virgin Islands of the United States who, on January 17, 1917 February 25, 1927 February 25, 1927 (3) All natives of the Virgin Islands of the United States who, on January 17, 1917 February 25, 1927 February 25, 1927 (4) All natives of the Virgin Islands of the United States who, on June 28, 1932 June 28, 1932 January 17, 1917 (b) All persons born in the Virgin Islands of the United States on or after January 17, 1917 February 25, 1927 February 25, 1927 February 25, 1927 ( June 27, 1952, ch. 477 66 Stat. 237  1407. Persons living in and born in Guam (a) The following persons, and their children born after April 11, 1899 August 1, 1950 August 1, 1950 (1) All inhabitants of the island of Guam on April 11, 1899 (2) All persons born in the island of Guam who resided in Guam on April 11, 1899 (b) All persons born in the island of Guam on or after April 11, 1899 August 1, 1950 Provided August 1, 1950 (c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952 ( June 27, 1952, ch. 477 66 Stat. 237  Editorial Notes  References in Text This chapter, referred to in subsec. (c), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title  1408. Nationals but not citizens of the United States at birth Unless otherwise provided in section 1401 of this title (1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession; (2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person; (3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and (4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years (A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and (B) at least five years of which were after attaining the age of fourteen years. The proviso of section 1401(g) of this title ( June 27, 1952, ch. 477 66 Stat. 238 Pub. L. 99396,  15(a) Aug. 27, 1986 100 Stat. 842 Pub. L. 100525,  3(2) Oct. 24, 1988 102 Stat. 2614  Editorial Notes Amendments 1988Par. (4). Pub. L. 100525 Pub. L. 99396 1986Par. (4). Pub. L. 99396 Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100525,  3 Oct. 24, 1988 102 Stat. 2614 Pub. L. 99396 Effective Date of 1986 Amendment Pub. L. 99396,  15(b) Aug. 27, 1986 100 Stat. 843  The amendment made by subsection (a) [amending this section] shall apply to persons born before, on, or after the date of the enactment of this Act [ Aug. 27, 1986 (1) the status of a national of the United States shall not be considered to be conferred upon the person until the date the person establishes to the satisfaction of the Secretary of State that the person meets the requirements of section 308(4) of the Immigration and Nationality Act [par. (4) of this section], and (2) the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987  1409. Children born out of wedlock (a) The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title section 1408 of this title (1) a blood relationship between the person and the father is established by clear and convincing evidence, (2) the father had the nationality of the United States at the time of the persons birth, (3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and (4) while the person is under the age of 18 years (A) the person is legitimated under the law of the persons residence or domicile, (B) the father acknowledges paternity of the person in writing under oath, or (C) the paternity of the person is established by adjudication of a competent court. (b) Except as otherwise provided in section 405 of this Act, the provisions of section 1401(g) of this title January 13, 1941 December 24, 1952 (c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952 ( June 27, 1952, ch. 477 66 Stat. 238 Pub. L. 97116,  18 l Dec. 29, 1981 95 Stat. 1620 Pub. L. 99653,  13 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2617  Editorial Notes  References in Text Section 405 of this Act, referred to in subsec. (b), is section 405 of act June 27, 1952, ch. 477, title IV 66 Stat. 280 section 1101 of this title Constitutionality For information regarding constitutionality of certain provisions of this section, see note under section 1401 of this title Amendments 1988Subsec. (a). Pub. L. 100525,  8(k) Pub. L. 99653 Subsec. (b). Pub. L. 100525,  9(r)(1) December 24, 1952 Subsec. (c). Pub. L. 100525,  9(r)(2) December 23, 1952 1986Subsec. (a). Pub. L. 99653 Pub. L. 100525,  8(k) section 1401 of this title 1981Subsec. (a). Pub. L. 97116,  18 l Subsec. (b). Pub. L. 97116,  18 l Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by section 8(k) of Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Pub. L. 99653,  23(e) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2619  (1) Except as provided in paragraph (2)(B), the new section 309(a) [ 8 U.S.C. 1409(a) Nov. 14, 1986 (2) The old section 309(a) shall apply (A) to any individual who has attained 18 years of age as of the date of the enactment of this Act, and (B) any individual with respect to whom paternity was established by legitimation before such date. (3) An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act, may elect to have the old section 309(a) apply to the individual instead of the new section 309(a). (4) In this subsection: (A) The term new section 309(a) means section 309(a) of the Immigration and Nationality Act [ 8 U.S.C. 1409(a) section 13 of Pub. L. 99653 (B) The term old section 309(a) means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act. Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Part II Nationality Through Naturalization  1421. Naturalization authority (a) Authority in Attorney General The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General. (b) Court authority to administer oaths (1) Jurisdiction Subject to section 1448(c) of this title (A) General jurisdiction Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 1448(a) of this title (B) Exclusive authority An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 1448(a) of this title (2) Information (A) General information In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General (i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and (ii) the Attorney General (I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 1448(a) of this title (II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General). (B) Assignment of individuals in the case of exclusive authority If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the persons application for naturalization, of (i) the courts exclusive authority to administer the oath of allegiance under section 1448(a) of this title (ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies. If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section. (3) Scope of exclusive authority (A) Limited period and advance notice required The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person (i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and (ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies. (B) Authority of Attorney General Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person. (C) Waiver of exclusive authority Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 1448(a) of this title (4) Issuance of certificates The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance. (5) Eligible courts For purposes of this section, the term eligible court means (A) a district court of the United States in any State, or (B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. (c) Judicial review A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under section 1447(a) of this title (d) Sole procedure A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this subchapter and not otherwise. ( June 27, 1952, ch. 477 66 Stat. 239 Pub. L. 85508,  25 July 7, 1958 72 Stat. 351 Pub. L. 863,  20(c) Mar. 18, 1959 73 Stat. 13 Pub. L. 87301,  17 Sept. 26, 1961 75 Stat. 656 Pub. L. 100525,  9(s) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  401(a) Nov. 29, 1990 104 Stat. 5038 Pub. L. 102232, title I,  102(a) Dec. 12, 1991 105 Stat. 1734 Pub. L. 103416, title II,  219(u) Oct. 25, 1994 108 Stat. 4318  Editorial Notes Amendments 1994Subsec. (b)(5)(A). Pub. L. 103416 1991Subsec. (b). Pub. L. 102232,  102(a) section 1448(a) of this title Pub. L. 102232,  305(a) 1990 Pub. L. 101649 1988Subsec. (e). Pub. L. 100525 September 26, 1961 1961Subsec. (e). Pub. L. 87301 1959Subsec. (a). Pub. L. 863 section 91 of Title 28 1958Subsec. (a). Pub. L. 85508 section 81A of Title 28 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Effective Date of 1991 Amendment Pub. L. 102232, title I,  102(c) Dec. 12, 1991 105 Stat. 1736 The amendments made by this title [amending this section and sections 1448, 1450, and 1455 of this title] shall take effect 30 days after the date of the enactment of this Act [ Dec. 12, 1991 Amendment by section 305(a) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1990 Amendment; Savings Provision Pub. L. 101649, title IV,  408 Nov. 29, 1990 104 Stat. 5047 Pub. L. 102232, title III,  305(n) Dec. 12, 1991 105 Stat. 1750  (a)  Effective Date. (1)  No new court petitions after effective date No court shall have jurisdiction, under section 310(a) of the Immigration and Nationality Act [ 8 U.S.C. 1421(a) October 1, 1991 (2)  Treatment of current court petitions. (A)  Continuation of current rules Except as provided in subparagraph (B), any petition for naturalization which may be pending in a court on October 1, 1991 (B)  Permitting withdrawal and consideration of application under new rules In the case of any petition for naturalization which may be pending in any court on January 1, 1992 section 1429 of Title 18 section 1459 of this title (3)  General effective date Except as otherwise provided in this section, the amendments made by this title are effective as of the date of the enactment of this Act [ Nov. 29, 1990 (b)  Interim, Final Regulations The Attorney General shall prescribe regulations (on an interim, final basis or otherwise) to implement the amendments made by this title on a timely basis. (c)  Continuing Duties The amendments to section 339 of the Immigration and Nationality Act [ 8 U.S.C. 1450 October 1, 1991 (d)  General Savings Provisions (1) Nothing contained in this title [amending this section, sections 1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440, 1441 to 1451, and 1455 of this title, and section 1429 of Title 18 section 1459 of this title section 1440 of this title (2) As to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters, the provisions of law repealed by this title are, unless otherwise specifically provided, hereby continued in force and effect. (e)  Treatment of Service in Armed Forces of Foreign Country The amendments made by section 404 [amending section 1426 of this title Nov. 29, 1990 (f)  Filipino War Veterans Section 405 [enacting provisions formerly set out as a note under section 1440 of this title May 1, 1991  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents Admission of Alaska and Hawaii to Statehood Alaska was admitted into the Union on Jan. 3, 1959 Jan. 3, 1959 Aug. 21, 1959 Aug. 21, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  1422. Eligibility for naturalization  The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married. ( June 27, 1952, ch. 477 66 Stat. 239 Pub. L. 100525,  9(t) Oct. 24, 1988 102 Stat. 2621  Editorial Notes Amendments 1988 Pub. L. 100525  1423. Requirements as to understanding the English language, history, principles and form of government of the United States (a) No person except as otherwise provided in this subchapter shall hereafter be naturalized as a citizen of the United States upon his own application who cannot demonstrate (1) an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: Provided (2) a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. (b) (1) The requirements of subsection (a) shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith. (2) The requirement of subsection (a)(1) shall not apply to any person who, on the date of the filing of the persons application for naturalization as provided in section 1445 of this title (A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or (B) is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence. (3) The Attorney General, pursuant to regulations, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) with respect to any person who, on the date of the filing of the persons application for naturalization as provided in section 1445 of this title ( June 27, 1952, ch. 477 66 Stat. 239 Pub. L. 95579,  3 Nov. 2, 1978 92 Stat. 2474 Pub. L. 101649, title IV,  403 Nov. 29, 1990 104 Stat. 5039 Pub. L. 102232, title III,  305(m)(2) Dec. 12, 1991 105 Stat. 1750 Pub. L. 103416, title I,  108(a) Oct. 25, 1994 108 Stat. 4309  Editorial Notes Amendments 1994 Pub. L. 103416 section 1445 of this title Provided further Provided 1991 Pub. L. 102232 1990Par. (1). Pub. L. 101649 1978Par. (1). Pub. L. 95579 section 1445 of this title Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103416, title I,  108(c) Oct. 25, 1994 108 Stat. 4310 The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Oct. 25, 1994 Effective Date of 1991 Amendment Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649 Regulations Pub. L. 103416, title I,  108(d) Oct. 25, 1994 108 Stat. 4310 Not later than 120 days after the date of enactment of this Act [ Oct. 25, 1994 8 U.S.C. 1423(b)(3)  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Hmong Veterans Naturalization Pub. L. 106207 May 26, 2000 114 Stat. 316 Pub. L. 106415 Nov. 1, 2000 114 Stat. 1810 Pub. L. 10777, title I,  112 Nov. 28, 2001 115 Stat. 765  SECTION 1. SHORT TITLE. This Act may be cited as the Hmong Veterans Naturalization Act of 2000. SEC. 2. EXEMPTION FROM ENGLISH LANGUAGE REQUIREMENT FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS. The requirement of paragraph (1) of section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a)(1) (1) who (A) was admitted into the United States as a refugee from Laos pursuant to section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (B) served with a special guerrilla unit, or irregular forces, operating from a base in Laos in support of the United States military at any time during the period beginning February 28, 1961 September 18, 1978 (2) who (A) satisfies the requirement of paragraph (1)(A); and (B) was the spouse of a person described in paragraph (1) on the day on which such described person applied for admission into the United States as a refugee; or (3) who (A) satisfies the requirement of paragraph (1)(A); and (B) is the surviving spouse of a person described in paragraph (1)(B) which described person was killed or died in Laos, Thailand, or Vietnam. SEC. 3. SPECIAL CONSIDERATION CONCERNING CIVICS REQUIREMENT FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS. The Attorney General shall provide for special consideration, as determined by the Attorney General, concerning the requirement of paragraph (2) of section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a)(2) SEC. 4. DOCUMENTATION OF QUALIFYING SERVICE. A person seeking an exemption under section 2 or special consideration under section 3 shall submit to the Attorney General documentation of their, or their spouses, service with a special guerrilla unit, or irregular forces, described in section 2(1)(B), in the form of (1) original documents; (2) an affidavit of the serving persons superior officer; (3) two affidavits from other individuals who also were serving with such a special guerrilla unit, or irregular forces, and who personally knew of the persons service; or (4) other appropriate proof. SEC. 5. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL CONSIDERATION. (a) In determining a persons eligibility for an exemption under section 2 or special consideration under section 3, the Attorney General (1) shall review the refugee processing documentation for the person, or, in an appropriate case, for the person and the persons spouse, to verify that the requirements of section 2 relating to refugee applications and admissions have been satisfied; (2) shall consider the documentation submitted by the person under section 4; (3) may request an advisory opinion from the Secretary of Defense regarding the persons, or their spouses, service in a special guerrilla unit, or irregular forces, described in section 2(1)(B); and (4) may consider any documentation provided by organizations maintaining records with respect to Hmong veterans or their families. (b) The Secretary of Defense shall provide any opinion requested under paragraph (3) to the extent practicable, and the Attorney General shall take into account any opinion that the Secretary of Defense is able to provide. SEC. 6. DEADLINE FOR APPLICATION AND PAYMENT OF FEES. This Act shall apply to a person only if the persons application for naturalization is filed, as provided in section 334 of the Immigration and Nationality Act ( 8 U.S.C. 1445 May 26, 2000 Nov. 1, 2000 SEC. 7. LIMITATION ON NUMBER OF BENEFICIARIES. Notwithstanding any other provision of this Act, the total number of aliens who may be granted an exemption under section 2 or special consideration under section 3, or both, may not exceed 45,000.  1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government (a) Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States (1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or (2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or (3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of such organization or paid for by the funds of such organization; or (4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (5) who writes or publishes or causes to be written or published, or who knowingly circulates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed, or who knowingly has in his possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; or (6) who is a member of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5) of this subsection. (b) The provisions of this section or of any other section of this chapter shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this chapter do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means. (c) The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the application for naturalization or after such filing and before taking the final oath of citizenship is, or has been found to be within any of the classes enumerated within this section, notwithstanding that at the time the application is filed he may not be included within such classes. (d) Any person who is within any of the classes described in subsection (a) solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of sixteen years, or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes. (e) A person may be naturalized under this subchapter without regard to the prohibitions in subsections (a)(2) and (c) of this section if the person (1) is otherwise eligible for naturalization; (2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection; (3) does not fall within any other of the classes described in that subsection; and (4) is determined by the Director of Central Intelligence, in consultation with the Secretary of Defense when Department of Defense activities are relevant to the determination, and with the concurrence of the Attorney General and the Secretary of Homeland Security, to have made a contribution to the national security or to the national intelligence mission of the United States. ( June 27, 1952, ch. 477 66 Stat. 240 Pub. L. 100525,  9(u) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(c)(1) Nov. 29, 1990 104 Stat. 5041 Pub. L. 102232, title III,  309(b)(13) Dec. 12, 1991 105 Stat. 1759 Pub. L. 103416, title II,  219(v) Oct. 25, 1994 108 Stat. 4318 Pub. L. 106120, title III,  306 Dec. 3, 1999 113 Stat. 1612 Pub. L. 108177, title III,  373 Dec. 13, 2003 117 Stat. 2628  Editorial Notes  References in Text Section 405(b) of this Act, referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV 66 Stat. 280 section 1101 of this title This chapter, referred to in subsec. (b), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2003Subsec. (e)(4). Pub. L. 108177 1999Subsec. (e). Pub. L. 106120 1994Subsec. (a)(2). Pub. L. 103416 1991Subsec. (a)(2). Pub. L. 102232 section 786 of title 50 section 786 of title 50 1990Subsec. (c). Pub. L. 101649 1988Subsec. (a)(2)(D). Pub. L. 100525 Statutory Notes and Related Subsidiaries  Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50 Effective Date of 1994 Amendment Pub. L. 103416, title II,  219(v) Oct. 25, 1994 108 Stat. 4318 Dec. 12, 1991 Effective Date Section effective 180 days after June 27, 1952 June 27, 1952 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1425. Ineligibility to naturalization of deserters from the Armed Forces  A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military, air, or naval forces of the United States, or who, having been duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or who, whether or not having been duly enrolled, went or shall go beyond the limits of the United States, with intent to avoid any draft into the military, air, or naval service, lawfully ordered, shall, upon conviction thereof by a court martial or a court of competent jurisdiction, be permanently ineligible to become a citizen of the United States; and such deserters and evaders shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof. ( June 27, 1952, ch. 477 66 Stat. 241  1426. Citizenship denied alien relieved of service in Armed Forces because of alienage (a) Permanent ineligibility Notwithstanding the provisions of section 405(b) 1 1 (b) Conclusiveness of records The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien. (c) Service in armed forces of foreign country An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national. ( June 27, 1952, ch. 477 66 Stat. 242 Pub. L. 100525,  9(v) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  404 Nov. 29, 1990 104 Stat. 5039  Editorial Notes  References in Text Section 405(b), referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV 66 Stat. 280 section 1101 of this title Amendments 1990Subsec. (a). Pub. L. 101649,  404(1) Subsec. (c). Pub. L. 101649,  404(2) 1988Subsec. (b). Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Nov. 29, 1990 section 408(e) of Pub. L. 101649 section 1421 of this title  1427. Requirements of naturalization (a) Residence No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. (b) Absences Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 1447(a) of this title Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence, except that in the case of a person who has been physically present and residing in the United States, after being lawfully admitted for permanent residence, for an uninterrupted period of at least one year, and who thereafter is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if (1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries in such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and (2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose. The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person. (c) Physical presence The granting of the benefits of subsection (b) of this section shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in subsection (a) of this section, except in the case of those persons who are employed by, or under contract with, the Government of the United States. In the case of a person employed by or under contract with Central Intelligence Agency, the requirement in subsection (b) of an uninterrupted period of at least one year of physical presence in the United States may be complied with by such person at any time prior to filing an application for naturalization. (d) Moral character No finding by the Attorney General that the applicant is not deportable shall be accepted as conclusive evidence of good moral character. (e) Determination In determining whether the applicant has sustained the burden of establishing good moral character and the other qualifications for citizenship specified in subsection (a) of this section, the Attorney General shall not be limited to the applicants conduct during the five years preceding the filing of the application, but may take into consideration as a basis for such determination the applicants conduct and acts at any time prior to that period. (f) Persons making extraordinary contributions to national security (1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that an applicant otherwise eligible for naturalization has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the applicant may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibitions of section 1424 of this title Provided Provided further section 1158(b)(2)(A) of this title (2) An applicant for naturalization under this subsection may be administered the oath of allegiance under section 1448(a) of this title (3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each application under the provisions of this subsection. ( June 27, 1952, ch. 477 66 Stat. 242 Pub. L. 97116,  14 Dec. 29, 1981 95 Stat. 1619 Pub. L. 99169, title VI,  601 Dec. 4, 1985 99 Stat. 1007 Pub. L. 101649, title IV Nov. 29, 1990 104 Stat. 5038 Pub. L. 104208, div. C, title III,  308(g)(7)(F) Sept. 30, 1996 110 Stat. 3009624 Pub. L. 109149, title V,  518 Dec. 30, 2005 119 Stat. 2882  Editorial Notes Amendments 2005Subsec. (g). Pub. L. 109149,  518 (1) The continuous residency requirement under subsection (a) of this section may be reduced to 3 years for an applicant for naturalization if (A) the applicant is the beneficiary of an approved petition for classification under section 1154(a)(1)(E) of this title (B) the applicant has been approved for adjustment of status under section 1255(a) of this title (C) such reduction is necessary for the applicant to represent the United States at an international event. (2) The Secretary of Homeland Security shall adjudicate an application for naturalization under this section not later than 30 days after the submission of such application if the applicant (A) requests such expedited adjudication in order to represent the United States at an international event; and (B) demonstrates that such expedited adjudication is related to such representation. (3) An applicant is ineligible for expedited adjudication under paragraph (2) if the Secretary of Homeland Security determines that such expedited adjudication poses a risk to national security. Such a determination by the Secretary shall not be subject to review. (4)(A) In addition to any other fee authorized by law, the Secretary of Homeland Security shall charge and collect a $1,000 premium processing fee from each applicant described in this subsection to offset the additional costs incurred to expedite the processing of applications under this subsection. (B) The fee collected under subparagraph (A) shall be deposited as offsetting collections in the Immigration Examinations Fee Account. See Termination Date of 2005 Amendment note below. 1996Subsec. (f)(1). Pub. L. 104208 section 1158(b)(2)(A) of this title section 1253(h)(2) of this title 1990Subsec. (a). Pub. L. 101649,  407(c)(2) Pub. L. 101649,  402 Subsec. (b). Pub. L. 101649,  407(d)(1)(A) section 1447(a) of this title Pub. L. 101649,  407(c)(2) Subsec. (c). Pub. L. 101649,  407(c)(2) Subsec. (d). Pub. L. 101649,  407(c)(2) Subsec. (e). Pub. L. 101649,  407(d)(1)(C) Pub. L. 101649,  407(c)(2) Subsec. (f). Pub. L. 101649,  407(e)(1) Subsec. (f)(1). Pub. L. 101649,  407(d)(1)(D) Pub. L. 101649,  407(c)(2) Subsec. (f)(2). Pub. L. 101649,  407(d)(1)(E) Subsec. (f)(3). Pub. L. 101649,  407(c)(2) 1985Subsec. (g). Pub. L. 99169 1981Subsec. (b). Pub. L. 97116 Statutory Notes and Related Subsidiaries  Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50 Termination Date of 2005 Amendment Pub. L. 109149, title V,  518(b) Dec. 30, 2005 119 Stat. 2882 The amendment made by subsection (a) [amending this section] is repealed on January 1, 2006 Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Expedited Naturalization Pub. L. 104293, title III,  305 Oct. 11, 1996 110 Stat. 3465 Pub. L. 106120, title III,  307 Dec. 3, 1999 113 Stat. 1612  (a)  In General With the approval of the Director of Central Intelligence, the Attorney General, and the Commissioner of Immigration and Naturalization, an applicant described in subsection (b) and otherwise eligible for naturalization may be naturalized without regard to the residence and physical presence requirements of section 316(a) of the Immigration and Nationality Act [ 8 U.S.C. 1427(a) 8 U.S.C. 1424 (b)  Eligible Applicant An applicant eligible for naturalization under this section is the spouse or child of a deceased alien whose death resulted from the intentional and unauthorized disclosure of classified information regarding the aliens participation in the conduct of United States intelligence activities and who (1) has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least one year prior to naturalization; and (2) is not described in clauses (i) through (iv) of section 241(b)(3)(B) of such Act [ 8 U.S.C. 1231(b)(3)(B) (c)  Administration of Oath An applicant for naturalization under this section may be administered the oath of allegiance under section 337(a) of the Immigration and Nationality Act [ 8 U.S.C. 1448(a) (d)  Definitions For purposes of this section (1) the term child means a child as defined in subparagraphs (A) through (E) of section 101(b)(1) of the Immigration and Nationality Act [ 8 U.S.C. 1101(b)(1) (2) the term spouse means the wife or husband of a deceased alien referred to in subsection (b) who was married to such alien during the time the alien participated in the conduct of United States intelligence activities.  1428. Temporary absence of persons performing religious duties  Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of section 1427(a) of this title ( June 27, 1952, ch. 477 66 Stat. 243 Pub. L. 101649, title IV,  407(c)(3) Nov. 29, 1990 104 Stat. 5041  Editorial Notes Amendments 1990 Pub. L. 101649,  407(d)(2) Pub. L. 101649,  407(c)(3) Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after June 27, 1952 June 27, 1952 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1429. Prerequisite to naturalization; burden of proof  Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b), 1 1 Provided ( June 27, 1952, ch. 477 66 Stat. 244 Pub. L. 90633,  4 Oct. 24, 1968 82 Stat. 1344 Pub. L. 101649, title IV,  407(c)(4) Nov. 29, 1990 104 Stat. 5041 Pub. L. 104208, div. C, title III,  308(e)(1)(O) Sept. 30, 1996 110 Stat. 3009620  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 405(b), referred to in text, is section 405(b) of act June 27, 1952, ch. 477, title IV 66 Stat. 280 section 1101 of this title Amendments 1996 Pub. L. 104208 1990 Pub. L. 101649,  407(d)(3) Pub. L. 101649,  407(c)(4) 1968 Pub. L. 90633 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1430. Married persons and employees of certain nonprofit organizations (a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427(a) of this title (b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required. (c) Any person who (1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required. (d) Any person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who, in the case of a surviving spouse, was living in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required. For purposes of this subsection, the terms United States citizen and citizen spouse include a person granted posthumous citizenship under section 14401 of this title (e) (1) In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the members official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 1427(a) of this title (A) the United States; and (B) any State or district of the Department of Homeland Security in the United States. (2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1443a of this title ( June 27, 1952, ch. 477 66 Stat. 244 Pub. L. 85697,  2 Aug. 20, 1958 72 Stat. 687 Pub. L. 90215,  1(a) Dec. 18, 1967 81 Stat. 661 Pub. L. 90369 June 29, 1968 82 Stat. 279 Pub. L. 101649, title IV,  407(b)(1) Nov. 29, 1990 104 Stat. 5040 Pub. L. 106386, div. B, title V,  1503(e) Oct. 28, 2000 114 Stat. 1522 Pub. L. 108136, div. A, title XVII,  1703(f)(1) Nov. 24, 2003 117 Stat. 1695 Pub. L. 110181, div. A, title VI,  674(a) Jan. 28, 2008 122 Stat. 185  Editorial Notes Amendments 2008Subsec. (e). Pub. L. 110181 2003Subsec. (d). Pub. L. 108136,  1703(h) Pub. L. 108136,  1703(f)(1) section 14401 of this title 2000Subsec. (a). Pub. L. 106386 1990Subsec. (a). Pub. L. 101649,  407(c)(5) Pub. L. 101649,  407(b)(1)(A) Subsec. (b). Pub. L. 101649,  407(d)(4)(A) Pub. L. 101649,  407(b)(1)(B) Subsec. (c). Pub. L. 101649,  407(d)(4)(B) Pub. L. 101649,  407(c)(5) Pub. L. 101649,  407(b)(1)(C) Subsec. (d). Pub. L. 101649,  407(b)(1)(B) 1968Subsec. (d). Pub. L. 90369 1967Subsec. (c). Pub. L. 90215 1958Subsec. (b). Pub. L. 85697 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Pub. L. 110181, div. A, title VI,  674(d) Jan. 28, 2008 122 Stat. 186 The amendments made by this section [amending this section and sections 1433 and 1443a of this title] shall take effect on the date of enactment of this Act [ Jan. 28, 2008 Effective Date of 2003 Amendment Pub. L. 108136, div. A, title XVII,  1703(f)(2) Nov. 24, 2003 117 Stat. 1695 The amendment made by paragraph (1) [amending this section] shall apply with respect to persons granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 14401 September 11, 2001 Amendment by Pub. L. 108136 Sept. 11, 2001 section 1705(a) of Pub. L. 108136 section 1439 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Requirements for Citizenship for Staff of George C. Marshall European Center for Security Studies Pub. L. 101193, title V,  506 Nov. 30, 1989 103 Stat. 1709 Pub. L. 104208, div. C, title VI,  671(g)(1) Sept. 30, 1996 110 Stat. 3009724 Pub. L. 10585, div. A, title IX,  923 Nov. 18, 1997 111 Stat. 1863  (a) For purposes of section 319(c) of the Immigration and Nationality Act ( 8 U.S.C. 1430(c) (b) Subsection (a) shall apply with respect to periods of employment before, on, or after the date of the enactment of this Act [ Nov. 30, 1989 (c) No more than two persons per year may be naturalized based on the provisions of subsection (a). (d) Each instance of naturalization based on the provisions of subsection (a) shall be reported to the Committees on the Judiciary of the Senate and House of Representatives and to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives prior to such naturalization.  1431. Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired (a) In general A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: (1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. (2) The child is under the age of eighteen years. (3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. (b) Adoption Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title (c) Children of military and Federal Government personnel residing abroad Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if (1) the child is residing in the legal and physical custody of a citizen parent who is (A) stationed and residing abroad as an employee of the Government of the United States; or (B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or (2) the child is (A) residing in the legal and physical custody of a citizen parent who is (i) stationed and residing abroad as a member of the Armed Forces of the United States; or (ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the members official orders, and is so accompanying and residing abroad with the member in marital union; and (B) authorized to accompany such member and reside abroad with the member pursuant to the members official orders, and is so accompanying and residing with the member. (d) Name and birth date A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the childs name and date of birth as indicated on a State court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar State vital records document issued by the childs State of residence in the United States after the child has been adopted or readopted in that State. ( June 27, 1952, ch. 477 66 Stat. 245 Pub. L. 95417,  4 Oct. 5, 1978 92 Stat. 917 Pub. L. 97116,  18(m) Dec. 29, 1981 95 Stat. 1620 Pub. L. 99653,  14 Nov. 14, 1986 100 Stat. 3657 Pub. L. 100525 l Oct. 24, 1988 102 Stat. 2618 Pub. L. 106395, title I,  101(a) Oct. 30, 2000 114 Stat. 1631 Pub. L. 11374,  2 Jan. 16, 2014 127 Stat. 1212 Pub. L. 116133,  2(a) Mar. 26, 2020 134 Stat. 274  Editorial Notes Amendments 2020 Pub. L. 116133,  2(a)(1) Subsecs. (c), (d). Pub. L. 116133,  2(a)(2) 2014Subsec. (c). Pub. L. 11374 2000 Pub. L. 106395 (a) A child born outside of the United States, one of whose parents at the time of the childs birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when (1) such naturalization takes place while such child is unmarried and under the age of eighteen years; and (2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years. (b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence. 1988Subsec. (a)(1). Pub. L. 100525,  8 l Pub. L. 99653,  14 Subsec. (b). Pub. L. 100525,  9(w) 1986Subsec. (a)(1). Pub. L. 99653,  14 Pub. L. 100525,  8 l 1981Subsec. (b). Pub. L. 97116 1978Subsec. (a). Pub. L. 95417 Subsec. (b). Pub. L. 95417 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106395, title I,  104 Oct. 30, 2000 114 Stat. 1633 The amendments made by this title [amending this section and section 1433 of this title section 1432 of this title Oct. 30, 2000 8 U.S.C. 1431 Effective Date of 1988 Amendment Amendment by section 8( l Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  1432. Repealed. Pub. L. 106395, title I,  103(a) Oct. 30, 2000 114 Stat. 1632   Section, acts June 27, 1952, ch. 477 66 Stat. 245 Pub. L. 95417,  5 Oct. 5, 1978 92 Stat. 918 Pub. L. 97116,  18(m) Dec. 29, 1981 95 Stat. 1620 Pub. L. 99653,  15 Nov. 14, 1986 100 Stat. 3658 Pub. L. 100525,  8 l Oct. 24, 1988 102 Stat. 2618 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 120 days after Oct. 30, 2000 section 104 of Pub. L. 106395 section 1431 of this title  1433. Children born and residing outside the United States; conditions for acquiring certificate of citizenship (a) Application by citizen parents; requirements A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title (1) At least one parent (or, at the time of his or her death, was) is 1 1 (2) The United States citizen parent (A) has (or, at the time of his or her death, had) been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or (B) has (or, at the time of his or her death, had) a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years. (3) The child is under the age of eighteen years. (4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application). (5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status. (b) Attainment of citizenship status; receipt of certificate Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 1448(a) of this title (c) Adopted children Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title (d) Children of Armed Forces members In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the members official orders, and is so accompanying and residing with the member (1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States; (2) subsection (a)(5) shall not apply; and (3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1443a of this title ( June 27, 1952, ch. 477 66 Stat. 246 Pub. L. 95417,  6 Oct. 5, 1978 92 Stat. 918 Pub. L. 97116,  18(m) Dec. 29, 1981 95 Stat. 1620 Pub. L. 99653,  16 Nov. 14, 1986 100 Stat. 3658 Pub. L. 100525,  8 l Oct. 24, 1988 102 Stat. 2618 Pub. L. 101649, title IV,  407(b)(2) Nov. 29, 1990 104 Stat. 50405042 Pub. L. 102232, title III,  305(m)(3) Dec. 12, 1991 105 Stat. 1750 Pub. L. 103416, title I,  102(a) Oct. 25, 1994 108 Stat. 4306 Pub. L. 106139,  1(b)(2) Dec. 7, 1999 113 Stat. 1697 Pub. L. 106395, title I,  102(a) Oct. 30, 2000 114 Stat. 1632 Pub. L. 107273, div. C, title I,  11030B Nov. 2, 2002 116 Stat. 1837 Pub. L. 110181, div. A, title VI,  674(b) Jan. 28, 2008 122 Stat. 186  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2008Subsec. (d). Pub. L. 110181 2002Subsec. (a). Pub. L. 107273,  11030B(1) Subsec. (a)(1). Pub. L. 107273,  11030B(2) Subsec. (a)(2)(A). Pub. L. 107273,  11030B(3)(A) Subsec. (a)(2)(B). Pub. L. 107273,  11030B(3)(B) Subsec. (a)(4). Pub. L. 107273,  11030B(4) Subsec. (a)(5). Pub. L. 107273,  11030B(5) 2000 Pub. L. 106395 1999Subsec. (a)(4). Pub. L. 106139 section 1101(b)(1) of this title section 1101(b)(1) of this title 1994 Pub. L. 103416 1991 Pub. L. 102232 1990Subsec. (a). Pub. L. 101649,  407(c)(6) Subsec. (c). Pub. L. 101649,  407(d)(5) Pub. L. 101649,  407(c)(6) Pub. L. 101649,  407(b)(2) 1988Subsec. (a). Pub. L. 100525 Pub. L. 99653,  16 1986Subsec. (a). Pub. L. 99653,  16 Pub. L. 100525 1981Subsec. (b). Pub. L. 97116,  18(m) Subsec. (c). Pub. L. 97116,  18(n) 1978Subsec. (b). Pub. L. 95417 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Jan. 28, 2008 section 674(d) of Pub. L. 110181 section 1430 of this title Effective Date of 2000 Amendment Amendment by Pub. L. 106395 Oct. 30, 2000 section 1431 of this title section 104 of Pub. L. 106395 section 1431 of this title Effective Date of 1994 Amendment Pub. L. 103416, title I,  102(d) Oct. 25, 1994 108 Stat. 4307 The amendments made by this section [amending this section and section 1452 of this title Oct. 25, 1994 Effective Date of 1991 Amendment Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Application of 1994 Amendment Pub. L. 103416, title I,  102(e) Pub. L. 104208, div. C, title VI,  671(b)(2) Sept. 30, 1996 110 Stat. 3009721 Nov. 14, 1986 Pub. L. 10538,  1 Aug. 8, 1997 111 Stat. 1115 Pub. L. 103416  1434. Repealed. Pub. L. 95417,  7 Oct. 5, 1978 92 Stat. 918   Section, acts June 27, 1952, ch. 477 66 Stat. 246 Sept. 11, 1957 Pub. L. 85316,  11 71 Stat. 642 Aug. 20, 1958 Pub. L. 85697,  1 72 Stat. 687  1435. Former citizens regaining citizenship (a) Requirements Any person formerly a citizen of the United States who (1) prior to September 22, 1922 September 22, 1922 (1) no period of residence or specified period of physical presence within the United States or within the State or district of the Service in the United States where the application is filed shall be required; and (2) the application need not set forth that it is the intention of the applicant to reside permanently within the United States. Such person, or any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, shall have, from and after her naturalization, the status of a native-born or naturalized citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided (b) Additional requirements No person who is otherwise eligible for naturalization in accordance with the provisions of subsection (a) of this section shall be naturalized unless such person shall establish to the satisfaction of the Attorney General that she has been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship, and, unless she has resided continuously in the United States since the date of her marriage, has been lawfully admitted for permanent residence prior to filing her application for naturalization. (c) Oath of allegiance (1) A woman who was a citizen of the United States at birth and (A) who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922 January 12, 1941 section 1448 of this title section 1424 of this title Provided (2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the Attorney General or the judge or clerk of a court described in section 1421(b) of this title (3) Such oath of allegiance shall be entered in the records of the appropriate embassy, legation, consulate, court, or the Attorney General, and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court, or the Attorney General, shall be delivered to such woman at a cost not exceeding $5, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States. (d) Persons losing citizenship for failure to meet physical presence retention requirement (1) A person who was a citizen of the United States at birth and lost such citizenship for failure to meet the physical presence retention requirements under section 1401(b) of this title October 10, 1978 section 1448 of this title section 1424 of this title (2) The provisions of paragraphs (2) and (3) of subsection (c) shall apply to a person regaining citizenship under paragraph (1) in the same manner as they apply under subsection (c)(1). ( June 27, 1952, ch. 477 66 Stat. 246 Pub. L. 100525,  9(x) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(b)(3) Nov. 29, 1990 104 Stat. 50405042 Pub. L. 103416, title I,  103(a) Oct. 25, 1994 108 Stat. 4307  Editorial Notes  References in Text Section 317(a) and (b) of the Nationality Act of 1940, referred to in subsecs. (a) and (c)(1), which was classified to section 717(a) and (b) of this title, was repealed by section 403(a)(42) of act June 27, 1952 Amendments 1994Subsec. (d). Pub. L. 103416 1990Subsec. (a)(1). Pub. L. 101649,  407(b)(3) Subsec. (a)(2). Pub. L. 101649,  407(c)(7) Subsec. (a)(3), (4). Pub. L. 101649,  407(d)(6)(A)(iii) Subsec. (b). Pub. L. 101649,  407(c)(7) Subsec. (c)(1). Pub. L. 101649,  407(c)(7) Subsec. (c)(2). Pub. L. 101649,  407(d)(6)(C)(i) section 1421(b) of this title Subsec. (c)(3). Pub. L. 101649,  407(d)(6)(C)(ii) 1988Subsec. (a)(4). Pub. L. 100525 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103416, title I,  103(b) Oct. 25, 1994 108 Stat. 4308 The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act [ Oct. 25, 1994  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Italian Elections; Naturalization of Former Citizens Who Voted in Certain Former Elections Act Aug. 16, 1951, ch. 321,  1 65 Stat. 191 June 27, 1952 That a person who, while a citizen of the United States, has lost citizenship of the United States solely by reason of having voted in a political election or plebiscite held in Italy between January 1, 1946 April 18, 1948 June 27, 1952 section 1421(a) of this title section 1448 of this title Provided section 1448 of this title section 1421(a) of this title section 1451 of this title Japanese Elections; Naturalization of Former Citizens Who Voted in Certain Former Elections Act July 20, 1954, ch. 553 68 Stat. 495 That a person who has lost United States citizenship solely by reason of having voted in any political election or plebiscite held in Japan between September 2, 1945 April 27, 1952 July 20, 1954 section 1421(a) of this title section 1448 of this title Provided section 1448 of this title section 1421(a) of this title section 1451 of this title section 1451(f) of this title  1436. Nationals but not citizens; residence within outlying possessions  A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter, except that in applications for naturalization filed under the provisions of this section residence and physical presence within the United States within the meaning of this subchapter shall include residence and physical presence within any of the outlying possessions of the United States. ( June 27, 1952, ch. 477 66 Stat. 248 Pub. L. 101649, title IV,  407(c)(8) Nov. 29, 1990 104 Stat. 5041  Editorial Notes Amendments 1990 Pub. L. 101649  1437. Resident Philippine citizens excepted from certain requirements  Any person who (1) was a citizen of the Commonwealth of the Philippines on July 2, 1946 May 1, 1934 ( June 27, 1952, ch. 477 66 Stat. 248 Pub. L. 101649, title IV,  407(c)(9) Nov. 29, 1990 104 Stat. 5041  Editorial Notes Amendments 1990 Pub. L. 101649  1438. Former citizens losing citizenship by entering armed forces of foreign countries during World War II (a) Requirements; oath; certified copies of oath Any person who, (1) during World War II and while a citizen of the United States, served in the military, air, or naval forces of any country at war with a country with which the United States was at war after December 7, 1941 September 2, 1945 section 1427(a) of this title section 1421(b) of this title section 1448 of this title (b) Exceptions No person shall be naturalized under subsection (a) of this section unless he (1) is, and has been for a period of at least five years immediately preceding taking the oath required in subsection (a), a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States; and (2) has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States. (c) Status Any person naturalized in accordance with the provisions of this section, or any person who was naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such naturalization, the status of a native-born, or naturalized, citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided (d) Span of World War II For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939 September 2, 1945 (e) Inapplicability to certain persons This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States. ( June 27, 1952, ch. 477 66 Stat. 248 Pub. L. 101649, title IV,  407(d)(7) Nov. 29, 1990 104 Stat. 5042  Editorial Notes  References in Text Section 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to section 723 of this title June 27, 1952 Amendments 1990Subsec. (a). Pub. L. 101649 section 1421(b) of this title section 1421(a) of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1439. Naturalization through service in the armed forces (a) Requirements A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such persons application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service. (b) Exceptions A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that (1) no residence within a State or district of the Service in the United States shall be required; (2) notwithstanding section 1429 of this title (3) the applicant shall furnish to the Secretary of Homeland Security, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing that such service was honorable and that no discharges from service, including periods of service not relied upon by him for the benefits of this section, were other than honorable (the certificate or certificates herein provided for shall be conclusive evidence of such service and discharge); and (4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. (c) Periods when not in service In the case such applicants service was not continuous, the applicants residence in the United States and State or district of the Service in the United States, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such application between the periods of applicants service in the Armed Forces, shall be alleged in the application filed under the provisions of subsection (a) of this section, and proved at any hearing thereon. Such allegation and proof shall also be made as to any period between the termination of applicants service and the filing of the application for naturalization. (d) Residence requirements The applicant shall comply with the requirements of section 1427(a) of this title (e) Moral character Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 1427(a) of this title (f) Revocation Citizenship granted pursuant to this section may be revoked in accordance with section 1451 of this title section 1451 of this title ( June 27, 1952, ch. 477 66 Stat. 249 Pub. L. 90633,  5 Oct. 24, 1968 82 Stat. 1344 Pub. L. 97116,  15(e) Dec. 29, 1981 95 Stat. 1619 Pub. L. 101649, title IV,  407(b)(4) Nov. 29, 1990 104 Stat. 50405042 Pub. L. 102232, title III,  305(c) Dec. 12, 1991 105 Stat. 1750 Pub. L. 108136, div. A, title XVII,  1701(a) Nov. 24, 2003 117 Stat. 1691 Pub. L. 110382,  3(a) Oct. 9, 2008 122 Stat. 4088  Editorial Notes Amendments 2008Subsecs. (g), (h). Pub. L. 110382 2003Subsec. (a). Pub. L. 108136,  1701(a) Subsec. (b)(3). Pub. L. 108136,  1701(f) Pub. L. 108136,  1701(b)(1)(A) Subsec. (b)(4). Pub. L. 108136,  1701(b)(1)(B) Subsec. (f). Pub. L. 108136,  1701(c)(1)(A) 1991Subsecs. (b), (c). Pub. L. 102232 Pub. L. 101649,  407(d)(8) 1990Subsec. (a). Pub. L. 101649,  407(b)(4)(A) Subsec. (b). Pub. L. 101649,  407(b)(4)(B) Pub. L. 102232 Subsec. (c). Pub. L. 101649,  407(b)(4)(C) Pub. L. 102232 Subsec. (d). Pub. L. 101649,  407(c)(10) 1981Subsec. (b)(2). Pub. L. 97116 section 1447(c) of this title 1968Subsec. (b)(2). Pub. L. 90633 section 1429 of this title Statutory Notes and Related Subsidiaries Termination Date of 2008 Amendment Amendment by Pub. L. 110382 Oct. 9, 2008 section 4 of Pub. L. 110382 section 271 of Title 6 Effective Date of 2003 Amendment Pub. L. 108136, div. A, title XVII,  1701(c)(2) Nov. 24, 2003 117 Stat. 1692 The amendments made by paragraph (1) [amending this section and section 1440 of this title Nov. 24, 2003 Pub. L. 108136, div. A, title XVII,  1705 Nov. 24, 2003 117 Stat. 1696  (a)  In General Except as provided in subsection (b), this title [enacting section 1443a of this title September 11, 2001 (b)  Exception The amendments made by sections 1701(b) (relating to naturalization fees) [amending this section and section 1440 of this title section 1443a of this title October 1, 2004 Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  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 Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning September 1, 1939 December 31, 1946 June 25, 1950 July 1, 1955 February 28, 1961 Provided, however (b) Exceptions A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that (1) he may be naturalized regardless of age, and notwithstanding the provisions of section 1429 of this title section 1442 of this title (2) no period of residence or specified period of physical presence within the United States or any State or district of the Service in the United States shall be required; (3) service in the military, air or naval forces of the United States shall be proved by a duly authenticated certification from the executive department under which the applicant served or is serving, which shall state whether the applicant served honorably in an active-duty status during either World War I or during a period beginning September 1, 1939 December 31, 1946 June 25, 1950 July 1, 1955 February 28, 1961 (4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. (c) Revocation Citizenship granted pursuant to this section may be revoked in accordance with section 1451 of this title section 1451 of this title ( June 27, 1952, ch. 477 66 Stat. 250 Pub. L. 87301,  8 Sept. 26, 1961 75 Stat. 654 Pub. L. 90633 Oct. 24, 1968 82 Stat. 1343 Pub. L. 97116,  15(a) Dec. 29, 1981 95 Stat. 1619 Pub. L. 100525,  9(y) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(b)(5) Nov. 29, 1990 104 Stat. 5040 Pub. L. 102232, title III,  305(b) Dec. 12, 1991 105 Stat. 1749 Pub. L. 10585, div. A, title X,  1080(a) Nov. 18, 1997 111 Stat. 1916 Pub. L. 108136, div. A, title XVII Nov. 24, 2003 117 Stat. 16911693  Editorial Notes  References in Text For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22 Amendments 2003Subsec. (a). Pub. L. 108136,  1702 Subsec. (b). Pub. L. 108136,  1701(b)(2) Subsec. (c). Pub. L. 108136,  1701(c)(1)(B) section 1451 of this title 1997Subsec. (a)(1). Pub. L. 10585 1991Subsecs. (a), (b). Pub. L. 102232 Pub. L. 101649,  407(c)(11) 1990Subsec. (a). Pub. L. 101649,  407(c)(11) Pub. L. 102232 Subsec. (b). Pub. L. 101649,  407(c)(11) Pub. L. 102232 Subsec. (b)(2). Pub. L. 101649,  407(b)(5)(A) Subsec. (b)(3), (4). Pub. L. 101649,  407(b)(5)(B) 1988Subsec. (d). Pub. L. 100525 January 1, 1947 56 Stat. 182 58 Stat. 886 59 Stat. 658 1981Subsec. (b)(5). Pub. L. 97116 section 1447(c) of this title 1968Subsec. (a). Pub. L. 90633,  1 Subsec. (b)(1). Pub. L. 90633,  6 section 1429 of this title Subsec. (b)(4). Pub. L. 90633,  2 1961Subsecs. (a), (b)(4). Pub. L. 87301 June 25, 1950 July 1, 1955 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Amendment by section 1701(c)(1)(B) of Pub. L. 108136 Nov. 24, 2003 section 1701(c)(2) of Pub. L. 108136 section 1439 of this title Amendment by section 1701(b)(2) of Pub. L. 108136 Oct. 1, 2004 Pub. L. 108136 Sept. 11, 2001 section 1705 of Pub. L. 108136 section 1439 of this title Effective Date of 1997 Amendment Pub. L. 10585, div. A, title X,  1080(b) Nov. 18, 1997 111 Stat. 1916 The amendments made by subsection (a) [amending this section] shall apply with respect to enlistments, reenlistments, extensions of enlistment, and inductions of persons occurring on or after the date of the enactment of this Act [ Nov. 18, 1997 Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Naturalization of Natives of Philippines Through Certain Active-Duty Service During World War II Pub. L. 102395, title I,  113 Oct. 6, 1992 106 Stat. 1844 Oct. 6, 1992 section 405 of Pub. L. 101649 section 405 of Pub. L. 101649 section 1446(b) of this title Pub. L. 105119, title I,  112(c) Nov. 26, 1997 111 Stat. 2460 Pub. L. 101649, title IV,  405 Nov. 29, 1990 104 Stat. 5039 Pub. L. 103416, title I,  104(d) Oct. 25, 1994 108 Stat. 4308 Pub. L. 105119, title I,  112(b) Nov. 26, 1997 111 Stat. 2459 September 1, 1939 December 31, 1946 Nov. 29, 1990 Naturalization of Aliens Enlisted in Regular Army Act June 30, 1950, ch. 443,  4 64 Stat. 316 June 27, 1952, ch. 477 66 Stat. 276 Notwithstanding the dates or periods of service specified and designated in section 329 of the Immigration and Nationality Act [this section], the provisions of that section are applicable to aliens enlisted or reenlisted pursuant to the provisions of this Act and who have completed five or more years of military service, if honorably discharged therefrom. Any alien enlisted or reenlisted pursuant to the provisions of this Act who subsequently enters the United States, American Samoa, Swains Island, or the Canal Zone, pursuant to military orders shall, if otherwise qualified for citizenship, and after completion of five or more years of military service, if honorably discharged therefrom, be deemed to have been lawfully admitted to the United States for permanent residence within the meaning of such section 329(a) [subsection (a) of this section]. Executive Documents  Ex. Ord. No. 12081. Termination of Expeditious Naturalization Based on Military Service Ex. Ord. No. 12081, Sept. 18, 1978 By the authority vested in me as President of the United States of America by Section 329 of the Immigration and Nationality Act, as amended by Sections 1 and 2 of the Act of October 24, 1968 82 Stat. 1343 8 U.S.C. 1440 October 24, 1968 82 Stat. 1344 8 U.S.C. 1440e February 28, 1961 October 15, 1978  Jimmy Carter.  Executive Order No. 12582 Ex. Ord. No. 12582, Feb. 2, 1987 section 1440(b) of this title Feb. 2, 1987 May 2, 1994 May 4, 1994  Ex. Ord. No. 12939. Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in Active-Duty Status During Persian Gulf Conflict Ex. Ord. No. 12939, Nov. 22, 1994 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1440 of title 8 For the purpose of determining qualification for the exception from the usual requirements for naturalization, the period of Persian Gulf Conflict military operations in which the Armed Forces of the United States were engaged in armed conflict with a hostile force commenced on August 2, 1990 April 11, 1991 section 1440(b) of title 8  William J. Clinton.  Ex. Ord. No. 13269. Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism Ex. Ord. No. 13269, July 3, 2002 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 329 of the Immigration and Nationality Act ( 8 U.S.C. 1440 For the purpose of determining qualification for the exception from the usual requirements for naturalization, I designate as a period in which the Armed Forces of the United States were engaged in armed conflict with a hostile foreign force the period beginning on September 11, 2001 September 11, 2001  George W. Bush.  14401. 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 Notwithstanding any other provision of this subchapter, the Secretary of Homeland Security shall provide, in accordance with this section, for the granting of posthumous citizenship at the time of death to a person described in subsection (b) if the Secretary of Homeland Security approves an application for that posthumous citizenship under subsection (c). (b) Noncitizens eligible for posthumous citizenship A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States (1) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 1440(a) of this title (2) died as a result of injury or disease incurred in or aggravated by that service, and (3) satisfied the requirements of clause (1) or (2) of the first sentence of section 1440(a) of this title The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1) and (2). (c) Requests for posthumous citizenship (1) In general A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of that person (A) upon locating the next-of-kin, and if so requested by the next-of-kin, by the Secretary of Defense or the Secretarys designee with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of that person; or (B) by the next-of-kin. (2) Approval The Director of the Bureau of Citizenship and Immigration Services shall approve a request for posthumous citizenship filed by the next-of-kin in accordance with paragraph (1)(B) if (A) the request is filed not later than 2 years after (i)  November 24, 2003 (ii) the date of the persons death; whichever date is later; (B) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b); and (C) the Director finds that the person satisfied the requirement of subsection (b)(3). (d) Documentation of posthumous citizenship If the Director of the Bureau of Citizenship and Immigration Services approves the request referred to in subsection (c), the Director shall send to the next-of-kin of the person who is granted citizenship, a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the persons death. ( June 27, 1952, ch. 477 Pub. L. 101249,  2(a) Mar. 6, 1990 104 Stat. 94 Pub. L. 107273, div. C, title I,  11030(b) Nov. 2, 2002 116 Stat. 1836 Pub. L. 108136, div. A, title XVII Nov. 24, 2003 117 Stat. 1695  Editorial Notes Codification November 24, 2003 Pub. L. 108136 Amendments 2003Subsec. (a). Pub. L. 108136,  1703(g)(2) Subsec. (c). Pub. L. 108136,  1704(1) Subsec. (d). Pub. L. 108136,  1704(2) Subsec. (e). Pub. L. 108136,  1703(g)(1) section 1430(d) of this title 2002Subsec. (c)(1)(A). Pub. L. 107273 November 2, 2002 March 6, 1990 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Amendment by Pub. L. 108136 Sept. 11, 2001 section 1705 of Pub. L. 108136 section 1439 of this title  1440a to 1440d. Omitted  Editorial Notes Codification Sections, act June 30, 1953, ch. 162 67 Stat. 108110 June 29, 1950 July 1, 1955 June 30, 1953 December 31, 1955  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  Notwithstanding any other provision of law, no clerk of a United States court shall charge or collect a naturalization fee from an alien who has served in the military, air, or naval forces of the United States during a period beginning February 28, 1961 8 U.S.C. 1440 8 U.S.C. 1401 ( Pub. L. 90633,  3 Oct. 24, 1968 82 Stat. 1344  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1440f. Fingerprints and other biometric information for members of the United States Armed Forces (a) In general Notwithstanding any other provision of law, including section 552a of title 5 (1) the individual may be naturalized pursuant to section 1439 or 1440 of this title; (2) the individual was fingerprinted and provided other biometric information in accordance with the requirements of the Department of Defense at the time the individual enlisted in the United States Armed Forces; (3) the individual (A) submitted an application for naturalization not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; or (B) provided the required biometric information to the Department of Homeland Security through a United States Citizenship and Immigration Services Application Support Center at the time of the individuals application for adjustment of status if filed not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; and (4) the Secretary of Homeland Security determines that the biometric information provided, including fingerprints, is sufficient to conduct the required background and security checks needed for the applicants naturalization application. (b) More timely and effective adjudication Nothing in this section precludes an individual described in subsection (a) from submitting a new set of biometric information, including fingerprints, to the Secretary of Homeland Security with an application for naturalization. If the Secretary determines that submitting a new set of biometric information, including fingerprints, would result in more timely and effective adjudication of the individuals naturalization application, the Secretary shall (1) inform the individual of such determination; and (2) provide the individual with a description of how to submit such biometric information, including fingerprints. (c) Cooperation The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall determine the format of biometric information, including fingerprints, acceptable for usage under subsection (a). The Secretary of Defense, or any other official having custody of the biometric information, including fingerprints, referred to in subsection (a), shall (1) make such prints available, without charge, to the Secretary of Homeland Security for the purpose described in subsection (a); and (2) otherwise cooperate with the Secretary of Homeland Security to facilitate the processing of applications for naturalization under subsection (a). (d) Electronic transmission Not later than one year after June 26, 2008 (e) Centralization and expedited processing (1) Centralization The Secretary of Homeland Security shall centralize the data processing of all applications for naturalization filed by members of the United States Armed Forces on active duty serving abroad. (2) Expedited processing The Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence shall take appropriate actions to ensure that applications for naturalization by members of the United States Armed Forces described in paragraph (1), and associated background checks, receive expedited processing and are adjudicated within 180 days of the receipt of responses to all background checks. ( Pub. L. 110251,  2 June 26, 2008 122 Stat. 2319  Editorial Notes Codification Section was enacted as part of the Kendell Frederick Citizenship Assistance Act, and not as part of the Immigration and Nationality Act which comprises this chapter.  1440g. Provision of information on military naturalization (a) In general Not later than 30 days after the effective date of any modification to a regulation related to naturalization under section 1439 or 1440 of this title, the Secretary of Homeland Security shall make appropriate updates to the Internet sites maintained by the Secretary to reflect such modification. (b) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security, not later than 180 days after each effective date described in subsection (a), should make necessary updates to the appropriate application forms of the Department of Homeland Security. ( Pub. L. 110251,  3 June 26, 2008 122 Stat. 2320  Editorial Notes Codification Section was enacted as part of the Kendell Frederick Citizenship Assistance Act, and not as part of the Immigration and Nationality Act which comprises this chapter.  1441. Constructive residence through service on certain United States vessels  Any periods of time during all of which a person who was previously lawfully admitted for permanent residence has served honorably or with good conduct, in any capacity other than as a member of the Armed Forces of the United States, (A) on board a vessel operated by the United States, or an agency thereof, the full legal and equitable title to which is in the United States; or (B) on board a vessel whose home port is in the United States, and (i) which is registered under the laws of the United States, or (ii) the full legal and equitable title to which is in a citizen of the United States, or a corporation organized under the laws of any of the several States of the United States, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title ( June 27, 1952, ch. 477 66 Stat. 251 Pub. L. 100525,  9(z) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(c)(12) Nov. 29, 1990 104 Stat. 5041 Pub. L. 102232, title III,  305(m)(5) Dec. 12, 1991 105 Stat. 1750  Editorial Notes Amendments 1991 Pub. L. 102232 1990 Pub. L. 101649 1988 Pub. L. 100525 (2) For the purposes of this subsection, any periods of time prior to September 23, 1950 September 23, 1950 section 1427(a) of this title section 1429 of this title (3) For the purposes of this subsection, any periods of time prior to September 23, 1950 September 23, 1950 September 23, 1950 September 23, 1950 section 1427(a) of this title September 23, 1955 (b) Any person who was excepted from certain requirements of the naturalization laws under section 325 of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950 September 23, 1950 Provided section 1424 of this title section 1429 of this title Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649  1442. Alien enemies (a) Naturalization under specified conditions An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may, after his loyalty has been fully established upon investigation by the Attorney General, be naturalized as a citizen of the United States if such aliens application for naturalization shall be pending at the beginning of the state of war and the applicant is otherwise entitled to admission to citizenship. (b) Procedure An alien embraced within this section shall not have his application for naturalization considered or heard except after 90 days notice to the Attorney General to be considered at the examination or hearing, and the Attorney Generals objection to such consideration shall cause the application to be continued from time to time for so long as the Attorney General may require. (c) Exceptions from classification The Attorney General may, in his discretion, upon investigation fully establishing the loyalty of any alien enemy who did not have an application for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this subchapter, and thereupon such alien shall have the privilege of filing an application for naturalization. (d) Effect of cessation of hostilities An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended. (e) Apprehension and removal Nothing contained herein shall be taken or construed to interfere with or prevent the apprehension and removal, consistent with law, of any alien enemy at any time prior to the actual naturalization of such alien. ( June 27, 1952, ch. 477 66 Stat. 252 Pub. L. 101649, title IV,  407(c)(13) Nov. 29, 1990 104 Stat. 5041  Editorial Notes Amendments 1990Subsec. (a). Pub. L. 101649,  407(c)(13) Subsec. (b). Pub. L. 101649,  407(d)(9) Pub. L. 101649,  407(c)(13) Subsec. (c). Pub. L. 101649,  407(c)(13) Subsec. (d). Pub. L. 101649,  407(e)(2) Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1443. Administration (a) Rules and regulations governing examination of applicants The Attorney General shall make such rules and regulations as may be necessary to carry into effect the provisions of this part and is authorized to prescribe the scope and nature of the examination of applicants for naturalization as to their admissibility to citizenship. Such examination shall be limited to inquiry concerning the applicants residence, physical presence in the United States, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, ability to read, write, and speak English, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States. (b) Instruction in citizenship The Attorney General is authorized to promote instruction and training in citizenship responsibilities of applicants for naturalization including the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in preparation for citizenship within or under the supervision of the public schools, preparing and distributing monthly an immigration and naturalization bulletin and securing the aid of and cooperating with official State and national organizations, including those concerned with vocational education. (c) Prescription of forms The Attorney General shall prescribe and furnish such forms as may be required to give effect to the provisions of this part, and only such forms as may be so provided shall be legal. All certificates of naturalization and of citizenship shall be printed on safety paper and shall be consecutively numbered in separate series. (d) Administration of oaths and depositions Employees of the Service may be designated by the Attorney General to administer oaths and to take depositions without charge in matters relating to the administration of the naturalization and citizenship laws. In cases where there is a likelihood of unusual delay or of hardship, the Attorney General may, in his discretion, authorize such depositions to be taken before a postmaster without charge, or before a notary public or other person authorized to administer oaths for general purposes. (e) Issuance of certificate of naturalization or citizenship A certificate of naturalization or of citizenship issued by the Attorney General under the authority of this subchapter shall have the same effect in all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, and outlying possession of the United States, as a certificate of naturalization or of citizenship issued by a court having naturalization jurisdiction. (f) Copies of records Certifications and certified copies of all papers, documents, certificates, and records required or authorized to be issued, used, filed, recorded, or kept under any and all provisions of this chapter shall be admitted in evidence equally with the originals in any and all cases and proceedings under this chapter and in all cases and proceedings in which the originals thereof might be admissible as evidence. (g) Furnished quarters for photographic studios The officers in charge of property owned or leased by the Government are authorized, upon the recommendation of the Attorney General, to provide quarters, without payment of rent, in any building occupied by the Service, for a photographic studio, operated by welfare organizations without profit and solely for the benefit of persons seeking to comply with requirements under the immigration and nationality laws. Such studio shall be under the supervision of the Attorney General. (h) Public education regarding naturalization benefits In order to promote the opportunities and responsibilities of United States citizenship, the Attorney General shall broadly distribute information concerning the benefits which persons may receive under this subchapter and the requirements to obtain such benefits. In carrying out this subsection, the Attorney General shall seek the assistance of appropriate community groups, private voluntary agencies, and other relevant organizations. There are authorized to be appropriated (for each fiscal year beginning with fiscal year 1991) such sums as may be necessary to carry out this subsection. ( June 27, 1952, ch. 477 66 Stat. 252 Pub. L. 101649, title IV Nov. 29, 1990 104 Stat. 5040 Pub. L. 102232, title III,  305(m)(6) Dec. 12, 1991 105 Stat. 1750  Editorial Notes  References in Text This chapter, referred to in subsec. (f), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1991Subsec. (a). Pub. L. 102232 1990Subsec. (a). Pub. L. 101649,  407(d)(10) Subsec. (h). Pub. L. 101649,  406 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1443a. Naturalization proceedings overseas for members of the Armed Forces and their spouses and children  Notwithstanding any other provision of law, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 8 U.S.C. 1430(e) ( Pub. L. 108136, div. A, title XVII,  1701(d) Nov. 24, 2003 117 Stat. 1692 Pub. L. 110181, div. A, title VI,  674(c) Jan. 28, 2008 122 Stat. 186  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Immigration and Nationality Act which comprises this chapter. Amendments 2008 Pub. L. 110181 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Jan. 28, 2008 section 674(d) of Pub. L. 110181 section 1430 of this title Effective Date Section effective Oct. 1, 2004 section 1705(b) of Pub. L. 109136 section 1439 of this title Finalization of Naturalization Proceedings for Members of the Armed Forces Pub. L. 108136, div. A, title XVII,  1701(e) Nov. 24, 2003 117 Stat. 1692  Not later than 90 days after the date of the enactment of this Act [ Nov. 24, 2003 (1) A high priority for grant of emergency leave. (2) A high priority for transportation on aircraft of, or chartered by, the Armed Forces.  1444. Photographs; number (a) Three identical photographs of the applicant shall be signed by and furnished by each applicant for naturalization or citizenship. One of such photographs shall be affixed by the Attorney General to the original certificate of naturalization issued to the naturalized citizen and one to the duplicate certificate of naturalization required to be forwarded to the Service. (b) Three identical photographs of the applicant shall be furnished by each applicant for (1) a record of lawful admission for permanent residence to be made under section 1259 of this title (2) a certificate of derivative citizenship; (3) a certificate of naturalization or of citizenship; (4) a special certificate of naturalization; (5) a certificate of naturalization or of citizenship, in lieu of one lost, mutilated, or destroyed; (6) a new certificate of citizenship in the new name of any naturalized citizen who, subsequent to naturalization, has had his name changed by order of a court of competent jurisdiction or by marriage; and (7) a declaration of intention. One such photograph shall be affixed to each such certificate issued by the Attorney General and one shall be affixed to the copy of such certificate retained by the Service. ( June 27, 1952, ch. 477 66 Stat. 253 Pub. L. 101649, title IV,  407(c)(14) Nov. 29, 1990 104 Stat. 5041 Pub. L. 103416, title II,  219(w) Oct. 25, 1994 108 Stat. 4318  Editorial Notes Amendments 1994Subsec. (b)(1). Pub. L. 103416 1990Subsec. (a). Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1445. Application for naturalization; declaration of intention (a) Evidence and form An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicants own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicants naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement. (b) Who may file No person shall file a valid application for naturalization unless he shall have attained the age of eighteen years. An application for naturalization by an alien shall contain an averment of lawful admission for permanent residence. (c) Hearings Hearings under section 1447(a) of this title (d) Filing of application Except as provided in subsection (e), an application for naturalization shall be filed in the office of the Attorney General. (e) Substitute filing place and administering oath other than before Attorney General A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which (1) is of a permanent nature and is sufficiently serious to prevent the persons personal appearance, or (2) is of a nature which so incapacitates the person as to prevent him from personally appearing. (f) Declaration of intention An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a declaration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nationality, nor shall such declaration be regarded as evidence of such aliens lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act. ( June 27, 1952, ch. 477 66 Stat. 254 Pub. L. 97116,  15(b) Dec. 29, 1981 95 Stat. 1619 Pub. L. 101649, title IV Nov. 29, 1990 104 Stat. 5038 Pub. L. 102232, title III,  305(d) Dec. 12, 1991 105 Stat. 1750  Editorial Notes  References in Text This chapter, referred to in subsec. (f), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1991Subsec. (a). Pub. L. 102232,  305(m)(7) Pub. L. 102232,  305(e) Pub. L. 101649,  407(d)(12)(B) Subsecs. (f), (g). Pub. L. 102232,  305(d) 1990 Pub. L. 101649,  407(d)(12)(A) Subsec. (a). Pub. L. 101649,  407(c)(15) Pub. L. 102232,  305(e) Pub. L. 101649,  401(b) Subsec. (b). Pub. L. 101649,  407(c)(15) Subsecs. (c) to (e). Pub. L. 101649,  407(d)(12)(F) Subsecs. (f), (g). Pub. L. 101649,  407(c)(15) 1981Subsec. (a). Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by section 305(d), (e) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1446. Investigation of applicants; examination of applications (a) Waiver Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him. (b) Conduct of examinations; authority of designees; record The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses, including applicant, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punished by the court as a contempt thereof. The record of the examination authorized by this subsection shall be admissible as evidence in any hearing conducted by an immigration officer under section 1447(a) of this title section 1447 of this title (c) Transmittal of record of examination The record of the examination upon any application for naturalization may, in the discretion of the Attorney General be transmitted to the Attorney General and the determination with respect thereto of the employee designated to conduct such examination shall when made also be transmitted to the Attorney General. (d) Determination to grant or deny application The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor. (e) Withdrawal of application After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution. (f) Transfer of application An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred. ( June 27, 1952, ch. 477 66 Stat. 255 Pub. L. 97116,  15(c) Dec. 29, 1981 95 Stat. 1619 Pub. L. 100525,  9(aa) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV Nov. 29, 1990 104 Stat. 5038 Pub. L. 102232, title III,  305(f) Dec. 12, 1991 105 Stat. 1750  Editorial Notes Amendments 1991Subsec. (b). Pub. L. 102232 1990 Pub. L. 101649,  407(d)(13)(A) Subsec. (a). Pub. L. 101649,  407(c)(16) section 1447(a) of this title Subsec. (b). Pub. L. 101649,  407(c)(16) section 1421 of this title section 1447(a) of this title section 1421 of this title Pub. L. 101649,  401(c) section 1447 of this title Subsec. (c). Pub. L. 101649,  407(c)(16) Subsecs. (d) to (f). Pub. L. 101649,  407(d)(13)(E) 1988Subsec. (d). Pub. L. 100525,  9(aa) Subsec. (f)(2). Pub. L. 100525,  9(bb) 1981Subsec. (b). Pub. L. 97116,  15(c)(1) Subsec. (f). Pub. L. 97116,  15(c)(2) Subsec. (g). Pub. L. 97116,  15(c)(2) Subsec. (h). Pub. L. 97116,  15(c)(2) Subsec. (i). Pub. L. 97116,  15(c)(3) Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Criminal Background Checks Pub. L. 105119, title I Nov. 26, 1997 111 Stat. 2448 That during fiscal year 1998 and each fiscal year thereafter, none of the funds appropriated or otherwise made available to the Immigration and Naturalization Service shall be used to complete adjudication of an application for naturalization unless the Immigration and Naturalization Service has received confirmation from the Federal Bureau of Investigation that a full criminal background check has been completed, except for those exempted by regulation as of January 1, 1997  1447. Hearings on denials of applications for naturalization (a) Request for hearing before immigration officer If, after an examination under section 1446 of this title (b) Request for hearing before district court If there is a failure to make a determination under section 1446 of this title (c) Appearance of Attorney General The Attorney General shall have the right to appear before any immigration officer in any naturalization proceedings for the purpose of cross-examining the applicant and the witnesses produced in support of the application concerning any matter touching or in any way affecting the applicants right to admission to citizenship, and shall have the right to call witnesses, including the applicant, produce evidence, and be heard in opposition to, or in favor of the granting of any application in naturalization proceedings. (d) Subpena of witnesses The immigration officer shall, if the applicant requests it at the time of filing the request for the hearing, issue a subpena for the witnesses named by such applicant to appear upon the day set for the hearing, but in case such witnesses cannot be produced upon the hearing other witnesses may be summoned upon notice to the Attorney General, in such manner and at such time as the Attorney General may by regulation prescribe. Such subpenas may be enforced in the same manner as subpenas under section 1446(b) of this title (e) Change of name It shall be lawful at the time and as a part of the administration by a court of the oath of allegiance under section 1448(a) of this title ( June 27, 1952, ch. 477 66 Stat. 257 Pub. L. 91136 Dec. 5, 1969 83 Stat. 283 Pub. L. 97116,  15(d) Dec. 29, 1981 95 Stat. 1619 Pub. L. 100525,  9(cc) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(c)(17) Nov. 29, 1990 104 Stat. 5041 Pub. L. 102232, title III,  305(g) Dec. 12, 1991 105 Stat. 1750  Editorial Notes Amendments 1991Subsecs. (d), (e). Pub. L. 102232,  305(g) Pub. L. 101649,  407(d)(14)(D)(i) 1990 Pub. L. 101649,  407(d)(14)(A) Subsecs. (a), (b). Pub. L. 101649,  407(d)(14)(B) Subsec. (c). Pub. L. 101649,  407(c)(17) Subsec. (d). Pub. L. 101649,  407(d)(14)(D)(i) Pub. L. 102232,  305(g) Pub. L. 101649,  407(c)(17) section 1446(b) of this title Subsec. (e). Pub. L. 101649,  407(d)(14)(E)(i) section 1448(a) of this title Pub. L. 101649,  407(d)(14)(E)(ii) Pub. L. 102232,  305(h) Pub. L. 101649,  407(c)(17) 1988 Pub. L. 100525 1981Subsec. (a). Pub. L. 97116,  15(d)(1) Subsec. (b). Pub. L. 97116,  15(d)(1) Subsec. (c). Pub. L. 97116,  15(d)(2) Subsec. (d). Pub. L. 97116,  15(3) Subsec. (e). Pub. L. 97116,  15(d)(4) Subsec. (f). Pub. L. 97116,  15(d)(5) 1969Subsec. (c). Pub. L. 91136 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1448. Oath of renunciation and allegiance (a) Public ceremony A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title section 1433 of this title section 1427(a)(3) of this title (b) Hereditary titles or orders of nobility In case the person applying for naturalization has borne any hereditary title, or has been of any of the orders of nobility in any foreign state, the applicant shall in addition to complying with the requirements of subsection (a) of this section, make under oath in the same public ceremony in which the oath of allegiance is administered, an express renunciation of such title or order of nobility, and such renunciation shall be recorded as a part of such proceedings. (c) Expedited judicial oath administration ceremony Notwithstanding section 1421(b) of this title (d) Rules and regulations The Attorney General shall prescribe rules and procedures to ensure that the ceremonies conducted by the Attorney General for the administration of oaths of allegiance under this section are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion. ( June 27, 1952, ch. 477 66 Stat. 258 Pub. L. 97116,  18 o Dec. 29, 1981 95 Stat. 1621 Pub. L. 101649, title IV,  407(c)(18) Nov. 29, 1990 104 Stat. 5041 Pub. L. 102232, title I,  102(b)(2) Dec. 12, 1991 105 Stat. 1736 Pub. L. 106448,  1 Nov. 6, 2000 114 Stat. 1939  Editorial Notes Amendments 2000Subsec. (a). Pub. L. 106448 section 1427(a)(3) of this title 1991Subsec. (c). Pub. L. 102232,  102(b)(2) section 1445(e) of this title Pub. L. 102232,  305(i) 1990Subsec. (a). Pub. L. 101649,  407(c)(18) section 1421(b) of this title Subsec. (b). Pub. L. 101649,  407(c)(18) Subsec. (c). Pub. L. 101649,  407(c)(18) section 1445(e) of this title Subsec. (d). Pub. L. 101649,  407(d)(15)(D) 1981Subsec. (a). Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106448,  2 Nov. 6, 2000 114 Stat. 1939 The amendment made by section 1 [amending this section] shall apply to persons applying for naturalization before, on, or after the date of the enactment of this Act [ Nov. 6, 2000 Effective Date of 1991 Amendment Amendment by section 102(b)(2) of Pub. L. 102232 Dec. 12, 1991 section 102(c) of Pub. L. 102232 section 1421 of this title Amendment by section 305(i) of Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Demonstration Projects To Provide for Administration of Oath of Allegiance Pub. L. 104208, div. C, title VI,  647 Sept. 30, 1996 110 Stat. 3009710  (a)  In General The Attorney General shall make available funds under this section, in each of fiscal years 1997 through 2001, to the Commissioner of Immigration and Naturalization or to other public or private nonprofit entities to support demonstration projects under this section at 10 sites throughout the United States. Each such project shall be designed to provide for the administration of the oath of allegiance under section 337(a) of the Immigration and Nationality Act [ 8 U.S.C. 1448(a) (b)  Selection of Sites The Attorney General shall, in the Attorney Generals discretion, select diverse locations for sites on the basis of the number of naturalization applicants living in proximity to each site and the degree of local community participation and support in the project to be held at the site. Not more than 2 sites may be located in the same State. The Attorney General shall consider changing the sites selected from year to year. (c)  Amounts Available; Use of Funds. (1)  Amount The amount made available under this section with respect to any single site for a year shall not exceed $5,000. (2)  Use Funds made available under this section may be used only to cover expenses incurred in carrying out oath administration ceremonies at the demonstration sites under subsection (a), including expenses for (A) cost of personnel of the Immigration and Naturalization Service (including travel and overtime expenses); (B) rental of space; and (C) costs of printing appropriate brochures and other information about the ceremonies. (3)  Availability of funds Funds that are otherwise available to the Immigration and Naturalization Service to carry out naturalization activities shall be available, to the extent provided in appropriation Acts, to carry out this section. (d)  Application In the case of an entity other than the Immigration and Naturalization Service seeking to conduct a demonstration project under this section, no amounts may be made available to the entity under this section unless an appropriate application has been made to, and approved by, the Attorney General, in a form and manner specified by the Attorney General.  1448a. Address to newly naturalized citizens  Either at the time of the rendition of the decree of naturalization or at such other time as the judge may fix, the judge or someone designated by him shall address the newly naturalized citizen upon the form and genius of our Government and the privileges and responsibilities of citizenship; it being the intent and purpose of this section to enlist the aid of the judiciary, in cooperation with civil and educational authorities, and patriotic organizations in a continuous effort to dignify and emphasize the significance of citizenship. ( Feb. 29, 1952, ch. 49,  2 66 Stat. 10  Editorial Notes Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Section was previously classified to section 154 of former Title 36, Patriotic Societies and Observances. Prior Provisions Similar provisions were contained in act May 3, 1940, ch. 183,  2 54 Stat. 178 section 727a of this title Feb. 29, 1952  1449. Certificate of naturalization; contents  A person admitted to citizenship in conformity with the provisions of this subchapter shall be entitled upon such admission to receive from the Attorney General a certificate of naturalization, which shall contain substantially the following information: Number of application for naturalization; number of certificate of naturalization; date of naturalization; name, signature, place of residence, autographed photograph, and personal description of the naturalized person, including age, sex, marital status, and country of former nationality; location of the district office of the Service in which the application was filed and the title, authority, and location of the official or court administering the oath of allegiance; statement that the Attorney General, having found that the applicant had complied in all respects with all of the applicable provisions of the naturalization laws of the United States, and was entitled to be admitted a citizen of the United States of America, thereupon ordered that the applicant be admitted as a citizen of the United States of America; attestation of an immigration officer; and the seal of the Department of Justice. ( June 27, 1952, ch. 477 66 Stat. 259 Pub. L. 101649, title IV,  407(c)(19) Nov. 29, 1990 104 Stat. 5041 Pub. L. 102232, title III,  305(j) Dec. 12, 1991 105 Stat. 1750 Pub. L. 103416, title I,  104(a) Oct. 25, 1994 108 Stat. 4308  Editorial Notes Amendments 1994 Pub. L. 103416,  219(z)(3) Pub. L. 102232,  305(j)(1) Pub. L. 103416,  104(a) section 1435(a) of this title 1991 Pub. L. 102232,  305(j)(2) Pub. L. 102232,  305(j)(1) Pub. L. 101649,  407(d)(16)(C) Pub. L. 101649 Pub. L. 103416,  219(z)(3) 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103416, title I,  104(e) Oct. 25, 1994 108 Stat. 4308 The amendment made by subsection (a) [amending this section] shall apply to persons admitted to citizenship on or after the date of enactment of this Act [ Oct. 25, 1994 Pub. L. 103416, title II,  219(z) Oct. 25, 1994 108 Stat. 4318 Pub. L. 102232 Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Construction of 1994 Amendment Pub. L. 103416, title II,  219(z)(3) Oct. 25, 1994 108 Stat. 4318 paragraph (1) of section 305(j) of such Act [ Pub. L. 102232 section 407(d)(16)(C) of Pub. L. 101649 Pub. L. 101649  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1450. Functions and duties of clerks and records of declarations of intention and applications for naturalization (a) The clerk of each court that administers oaths of allegiance under section 1448 of this title (1) deliver to each person administered the oath of allegiance by the court pursuant to section 1448(a) of this title section 1421(b)(2)(A)(ii) of this title (2) forward to the Attorney General a list of applicants actually taking the oath at each scheduled ceremony and information concerning each person to whom such an oath is administered by the court, within 30 days after the close of the month in which the oath was administered, (3) forward to the Attorney General certified copies of such other proceedings and orders instituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the Attorney General, and (4) be responsible for all blank certificates of naturalization received by them from time to time from the Attorney General and shall account to the Attorney General for them whenever required to do so. No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificates shall be returned to the Attorney General. (b) Each district office of the Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered, as part of its permanent records, all declarations of intention and applications for naturalization filed with the office. ( June 27, 1952, ch. 477 66 Stat. 259 Pub. L. 101649, title IV,  407(d)(17) Nov. 29, 1990 104 Stat. 5045 Pub. L. 102232, title I,  102(b)(1) Dec. 12, 1991 105 Stat. 1735  Editorial Notes Amendments 1991Subsec. (a). Pub. L. 102232,  102(b)(1)(F) Subsec. (a)(1). Pub. L. 102232,  102(b)(1)(A) Subsec. (a)(2). Pub. L. 102232,  102(b)(1)(B) Subsec. (a)(3), (4). Pub. L. 102232,  102(b)(1)(C) 1990 Pub. L. 101649 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Dec. 12, 1991 section 102(c) of Pub. L. 102232 section 1421 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101649 Oct. 1, 1991 section 408(c) of Pub. L. 101649 section 1421 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1451. Revocation of naturalization (a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided (b) Notice to party The party to whom was granted the naturalization alleged to have been illegally procured or procured by concealment of a material fact or by willful misrepresentation shall, in any such proceedings under subsection (a) of this section, have sixty days personal notice, unless waived by such party, in which to make answers to the petition of the United States; and if such naturalized person be absent from the United States or from the judicial district in which such person last had his residence, such notice shall be given either by personal service upon him or by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the State or the place where such suit is brought. (c) Membership in certain organizations; prima facie evidence If a person who shall have been naturalized after December 24, 1952 section 1424 of this title (d) Applicability to citizenship through naturalization of parent or spouse Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship under the provisions of subsection (a) of this section on the ground that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation shall be deemed to have lost and to lose his citizenship and any right or privilege of citizenship which he may have, now has, or may hereafter acquire under and by virtue of such naturalization of such parent or spouse, regardless of whether such person is residing within or without the United States at the time of the revocation and setting aside of the order admitting such parent or spouse to citizenship. Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization under the provisions of subsection (c) of this section, or under the provisions of section 1440(c) of this title (e) Citizenship unlawfully procured When a person shall be convicted under section 1425 of title 18 (f) Cancellation of certificate of naturalization Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Attorney General. The clerk of court shall transmit a copy of such order and judgment to the Attorney General. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by the court by which the decree of cancellation was made, or by the Attorney General, surrender the same to the Attorney General. (g) Applicability to certificates of naturalization and citizenship The provisions of this section shall apply not only to any naturalization granted and to certificates of naturalization and citizenship issued under the provisions of this subchapter, but to any naturalization heretofore granted by any court, and to all certificates of naturalization and citizenship which may have been issued heretofore by any court or by the Commissioner based upon naturalization granted by any court, or by a designated representative of the Commissioner under the provisions of section 702 of the Nationality Act of 1940, as amended, or by such designated representative under any other act. (h) Power to correct, reopen, alter, modify, or vacate order Nothing contained in this section shall be regarded as limiting, denying, or restricting the power of the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person. ( June 27, 1952, ch. 477 66 Stat. 260 Sept. 3, 1954, ch. 1263,  18 68 Stat. 1232 Pub. L. 87301,  18 Sept. 26, 1961 75 Stat. 656 Pub. L. 99653,  17 Nov. 14, 1986 100 Stat. 3658 Pub. L. 100525,  9(dd) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(d)(18) Nov. 29, 1990 104 Stat. 5046 Pub. L. 102232, title III,  305(k) Dec. 12, 1991 105 Stat. 1750 Pub. L. 103416, title I,  104(b) Oct. 25, 1994 108 Stat. 4308  Editorial Notes  References in Text Section 702 of the Nationality Act of 1940, as amended, referred to in subsec. (g), which was classified to section 1002 of this title June 27, 1952 section 1440 of this title Amendments 1994Subsec. (d). Pub. L. 103416 Subsecs. (e) to (i). Pub. L. 103416,  104(c)(1) 1991Subsec. (a). Pub. L. 102232,  305(k)(1) Subsec. (g). Pub. L. 102232,  305(k)(2) 1990Subsec. (a). Pub. L. 101649,  407(d)(18)(A) section 1421 of this title Subsec. (g). Pub. L. 101649,  407(d)(18)(B) Subsec. (i). Pub. L. 101649,  407(d)(18)(D) 1988Subsec. (c). Pub. L. 100525,  9(dd)(1) December 24, 1952 Subsecs. (e) to (j). Pub. L. 100525,  9(dd)(2) Provided 1986Subsec. (d). Pub. L. 99653 1961Subsec. (a). Pub. L. 87301,  18(a) Subsec. (b). Pub. L. 87301,  18(b) 1954Subsec. (a). Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Pub. L. 99653,  23(f) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2619 The amendment made by section 17 [amending this section] shall not apply to individuals who have taken up permanent residence outside the United States before November 14, 1986  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  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 A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 48 Stat. 797 54 Stat. 1138 May 7, 1934 48 Stat. 667 section 1401 of this title August 4, 1937 50 Stat. 558 54 Stat. 1139 section 1403 of this title (b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon (1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and (2) in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization, the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions. ( June 27, 1952, ch. 477 66 Stat. 263 Pub. L. 97116,  18(p) Dec. 29, 1981 95 Stat. 1621 Pub. L. 99396,  16(a) Aug. 27, 1986 100 Stat. 843 Pub. L. 99653,  22 Nov. 14, 1986 100 Stat. 3658 Pub. L. 100525,  8(q) Oct. 24, 1988 102 Stat. 2618 Pub. L. 102232, title III,  305(m)(8) Dec. 12, 1991 105 Stat. 1750 Pub. L. 103416, title I,  102(b) Oct. 25, 1994 108 Stat. 4307  Editorial Notes  References in Text Section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to section 6 of this title act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876 54 Stat. 1137 June 27, 1952 Act May 7, 1934 48 Stat. 667 Act Aug. 4, 1937 act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 This chapter, referred to in subsecs. (a) and (b)(2), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1994Subsec. (c). Pub. L. 103416 1991Subsec. (a). Pub. L. 102232 1988Subsec. (c). Pub. L. 100525 Pub. L. 99653 1986 Pub. L. 99396,  16(a)(1) Subsecs. (a), (b). Pub. L. 99396,  16(a)(2) Subsec. (c). Pub. L. 99653 Pub. L. 100525 1981 Pub. L. 97116 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103416 Oct. 25, 1994 section 102(d) of Pub. L. 103416 Effective Date of 1991 Amendment Pub. L. 102232, title III,  305(m) Dec. 12, 1991 105 Stat. 1750 Pub. L. 101649 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Certificates of Non-Citizen National Status; $35 Limit on Fees for Processing Applications Filed Before End of Fiscal Year 1987 Pub. L. 99396,  16(c) Aug. 27, 1986 100 Stat. 843 The Secretary of State may not impose a fee exceeding $35 for the processing of an application for a certificate of non-citizen national status under section 341(b) of the Immigration and Nationality Act [ 8 U.S.C. 1452(b)  1453. Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status  The Attorney General is authorized to cancel any certificate of citizenship, certificate of naturalization, copy of a declaration of intention, or other certificate, document or record heretofore issued or made by the Commissioner or a Deputy Commissioner or hereafter made by the Attorney General if it shall appear to the Attorney Generals satisfaction that such document or record was illegally or fraudulently obtained from, or was created through illegality or by fraud practiced upon, him or the Commissioner or a Deputy Commissioner; but the person for or to whom such document or record has been issued or made shall be given at such persons last-known place of address written notice of the intention to cancel such document or record with the reasons therefor and shall be given at least sixty days in which to show cause why such document or record should not be canceled. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued. ( June 27, 1952, ch. 477 66 Stat. 263  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after June 27, 1952 June 27, 1952 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1454. Documents and copies issued by Attorney General (a) If any certificate of naturalization or citizenship issued to any citizen or any declaration of intention furnished to any declarant is lost, mutilated, or destroyed, the citizen or declarant may make application to the Attorney General for a new certificate or declaration. If the Attorney General finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration. If the certificate or declaration has been mutilated, it shall be surrendered to the Attorney General before the applicant may receive such new certificate or declaration. If the certificate or declaration has been lost, the applicant or any other person who shall have, or may come into possession of it is required to surrender it to the Attorney General. (b) The Attorney General shall issue for any naturalized citizen, on such citizens application therefor, a special certificate of naturalization for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by a foreign state. Such certificate when issued shall be furnished to the Secretary of State for transmission to the proper authority in such foreign state. (c) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Attorney General finds the name of the applicant to have been changed as claimed, the Attorney General shall issue to the applicant a new certificate and shall notify the naturalization court of such action. (d) The Attorney General is authorized to make and issue certifications of any part of the naturalization records of any court, or of any certificate of naturalization or citizenship, for use in complying with any statute, State or Federal, or in any judicial proceeding. No such certification shall be made by any clerk of court except upon order of the court. ( June 27, 1952, ch. 477 66 Stat. 263 Pub. L. 100525,  9(ee) Oct. 24, 1988 102 Stat. 2621  Editorial Notes Amendments 1988 Pub. L. 100525 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1455. Fiscal provisions (a) The Attorney General shall charge, collect, and account for fees prescribed by the Attorney General pursuant to section 9701 of title 31 (1) Making, filing, and docketing an application for naturalization, including the hearing on such application, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the Attorney General. (2) Receiving and filing a declaration of intention, and issuing a duplicate thereof. (b) Notwithstanding the provisions of this chapter or any other law, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898 July 5, 1902 April 5, 1917 November 12, 1918 September 16, 1940 (c) Except as provided by section 1356(q)(2) of this title October 1, 1988 section 1356(m) of this title Provided, however (d) During the time when the United States is at war the Attorney General may not charge or collect a naturalization fee from an alien in the military, air, or naval service of the United States for filing an application for naturalization or issuing a certificate of naturalization upon admission to citizenship. (e) In addition to the other fees required by this subchapter, the applicant for naturalization shall, upon the filing of an application for naturalization, deposit with and pay to the Attorney General a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such applicant may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the Attorney General, the customary and usual witness fees from the moneys which the applicant shall have paid to the Attorney General for such purpose, and the residue, if any, shall be returned by the Attorney General to the applicant. (f) (1) The Attorney General shall pay over to courts administering oaths of allegiance to persons under this subchapter a specified percentage of all fees described in subsection (a)(1) collected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, annually and in consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts. (2) The Attorney General shall provide on an annual basis to the Committees on the Judiciary of the House of Representatives and of the Senate a detailed report on the use of the fees described in paragraph (1) and shall consult with such Committees before increasing such fees. ( June 27, 1952, ch. 477 66 Stat. 264 Pub. L. 85508,  26 July 7, 1958 72 Stat. 351 Pub. L. 90609,  3 Oct. 21, 1968 82 Stat. 1200 Pub. L. 97116,  16 Dec. 29, 1981 95 Stat. 1619 Pub. L. 100459, title II,  209(b) Oct. 1, 1988 102 Stat. 2203 Pub. L. 100525,  9(ff) Oct. 24, 1988 102 Stat. 2621 Pub. L. 101649, title IV,  407(c)(20) Nov. 29, 1990 104 Stat. 5041 Pub. L. 102232, title I,  102(b)(3) l Dec. 12, 1991 105 Stat. 1736 Pub. L. 107273, div. C, title I,  11016(1) Nov. 2, 2002 116 Stat. 1824  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 2002Subsec. (c). Pub. L. 107273 section 1356(q)(2) of this title 1991Subsec. (a). Pub. L. 102232,  305 l Pub. L. 101649,  407(d)(19)(A)(i) Subsec. (c). Pub. L. 102232,  309(b)(14) Pub. L. 102232,  309(a)(1)(A)(ii) Pub. L. 102232,  309(a)(1)(A)(ii) Pub. L. 100459 Subsec. (f). Pub. L. 102232,  102(b)(3) 1990Subsec. (a). Pub. L. 101649,  407(d)(19)(A)(i) Pub. L. 102232,  305 l Subsec. (a)(1). Pub. L. 101649,  407(c)(20) Subsec. (c). Pub. L. 101649,  407(d)(19)(B) section 1421 of this title Subsec. (d). Pub. L. 101649,  407(c)(20) Provided, however Subsec. (e). Pub. L. 101649,  407(c)(20) Subsec. (f). Pub. L. 101649,  407(d)(19)(B) Subsecs. (g) to (i). Pub. L. 101649,  407(d)(19)(F) 1988Subsec. (a). Pub. L. 100525 section 9701 of title 31 65 Stat. 290 Subsec. (g). Pub. L. 100459 Pub. L. 102232,  309(a)(1)(A)(ii) October 1, 1988 section 1356(m) of this title 1981Subsec. (c). Pub. L. 97116 1968Subsec. (a). Pub. L. 90609 section 483a of title 31 Subsec. (b). Pub. L. 90609 Subsec. (g). Pub. L. 90609 1958Subsec. (d). Pub. L. 85508 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by section 102(b)(3) of Pub. L. 102232 Dec. 12, 1991 section 102(c) of Pub. L. 102232 section 1421 of this title Amendment by section 305( l Pub. L. 102232 Pub. L. 101649 section 310(1) of Pub. L. 102232 section 1101 of this title Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102232 Pub. L. 100459, title II section 309(a)(3) of Pub. L. 102232 section 1356 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Oct. 1, 1981 section 21(b)(2) of Pub. L. 97116 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents Admission of Alaska as State Effectiveness of amendment of this section by Pub. L. 85508 section 8(b) of Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 21 of Title 48  1456. Repealed. Pub. L. 86682,  12(c) Sept. 2, 1960 74 Stat. 708 Sept. 1, 1960   Section, act June 27, 1952, ch. 477, title III 66 Stat. 266 section 3202 of Title 39  1457. Publication and distribution of citizenship textbooks; use of naturalization fees  Authorization is granted for the publication and distribution of the citizenship textbook described in subsection (b) of section 1443 of this title ( June 27, 1952, ch. 477 66 Stat. 266  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1458. Compilation of naturalization statistics and payment for equipment  The Attorney General is authorized and directed to prepare from the records in the custody of the Service a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of aliens annually arriving and to the prevailing census populations of the foreign-born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually hereafter. Payment for the equipment used in preparing such compilation shall be made from the appropriation for the enforcement of this chapter by the Service. ( June 27, 1952, ch. 477 66 Stat. 266  Editorial Notes  References in Text This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after June 27, 1952 June 27, 1952 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1459. Repealed. Pub. L. 101649, title IV,  407(d)(20) Nov. 29, 1990 104 Stat. 5046   Section, acts June 27, 1952, ch. 477 66 Stat. 267 Oct. 24, 1988 Pub. L. 100525,  9(gg) 102 Stat. 2622 Part III Loss of Nationality  1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions (a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality (1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or (2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or (3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer; or (4) (A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or (5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or (6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or (7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18 section 2385 of title 18 section 2384 of title 18 (b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 ( June 27, 1952, ch. 477 66 Stat. 267 Sept. 3, 1954, ch. 1256,  2 68 Stat. 1146 Pub. L. 87301,  19 Sept. 26, 1961 75 Stat. 656 Pub. L. 94412, title V,  501(a) Sept. 14, 1976 90 Stat. 1258 Pub. L. 95432 Oct. 10, 1978 92 Stat. 1046 Pub. L. 97116,  18(k)(2) Dec. 29, 1981 95 Stat. 1620 Pub. L. 99653 Nov. 14, 1986 100 Stat. 3658 Pub. L. 100525 Oct. 24, 1988 102 Stat. 2618  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1988Subsec. (a). Pub. L. 100525,  9(hh) Subsecs. (a) to (c). Pub. L. 100525,  8(m) Pub. L. 99653 1986Subsec. (a). Pub. L. 99653,  18(a) Pub. L. 100525,  8(m)(1) Subsec. (a)(1). Pub. L. 99653,  18(b) Provided And provided further January 1, 1948 section 1101(a)(27)(E) of this title Subsec. (a)(2). Pub. L. 99653,  18(c) Subsec. (a)(3). Pub. L. 99653,  18(d) Pub. L. 100525,  8(m)(2) Provided Subsec. (a)(4). Pub. L. 99653,  18(e) Pub. L. 100525,  8(m)(3) Subsecs. (b), (c). Pub. L. 99653,  19 Pub. L. 100525,  8(n) 1981Subsec. (a). Pub. L. 97116 section 4 of Pub. L. 95432 1978Subsec. (a)(5). Pub. L. 95432 Subsec. (a)(6), (7). Pub. L. 95432,  4 Subsec. (a)(8). Pub. L. 95432,  2 Subsec. (a)(9). Pub. L. 95432,  4 1976Subsec. (a)(10). Pub. L. 94412 1961Subsec. (c). Pub. L. 87301 1954Subsec. (a)(9). Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by section 8(m), (n) of Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Pub. L. 99653,  23(g) Pub. L. 100525,  8(r) Oct. 24, 1988 102 Stat. 2619 The amendments made by sections 18, 19, and 20 [amending this section and section 1483 of this title November 14, 1986 Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Short Title Act Sept. 3, 1954, ch. 1256,  1 68 Stat. 1146 That this Act [amending this section] may be cited as the Expatriation Act of 1954. Savings Provision Amendment by Pub. L. 94412 section 501(h) of Pub. L. 94412 section 1601 of Title 50  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Right of Expatriation R.S.  1999 provided that: Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic.  1482. Repealed. Pub. L. 95432,  1 Oct. 10, 1978 92 Stat. 1046   Section, act June 27, 1952, ch. 477, title III 66 Stat. 269 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 95432,  1 Oct. 10, 1978 92 Stat. 1046 Oct. 10, 1978  1483. Restrictions on loss of nationality (a) Except as provided in paragraphs (6) and (7) of section 1481(a) of this title (b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have lost United States nationality by the commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs (3) and (5) of section 1481(a) of this title ( June 27, 1952, ch. 477 66 Stat. 269 Pub. L. 97116,  18(r) Dec. 29, 1981 95 Stat. 1621 Pub. L. 99653,  20 Nov. 14, 1986 100 Stat. 3658 Pub. L. 100525,  8 o Oct. 24, 1988 102 Stat. 2618 Pub. L. 103416, title I,  105(a) Oct. 25, 1994 108 Stat. 4308 Pub. L. 104208, div. C, title VI,  671(b)(3) Sept. 30, 1996 110 Stat. 3009721  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a). Pub. L. 104208 1994 Pub. L. 103416 1988Subsec. (b). Pub. L. 100525 Pub. L. 99653 1986Subsec. (b). Pub. L. 99653 Pub. L. 100525 1981Subsec. (a). Pub. L. 97116,  18(r)(1) Subsec. (b). Pub. L. 97116,  18(r)(2) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Pub. L. 103416 section 671(b)(14) of Pub. L. 104208 section 1101 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99653 section 309(b)(15) of Pub. L. 102232 section 1101 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99653 Nov. 14, 1986 section 23(g) of Pub. L. 99653 section 1481 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97116 Dec. 29, 1981 section 21(a) of Pub. L. 97116 section 1101 of this title Right of Expatriation Provisions preserving the right and disavowal of foreign allegiance, see note under section 1481 of this title  1484 to 1487. Repealed. Pub. L. 95432,  2 Oct. 10, 1978 92 Stat. 1046   Section 1484, act June 27, 1952, ch. 477, title III 66 Stat. 269  Section 1485, acts June 27, 1952, ch. 477 66 Stat. 270 Aug. 4, 1959 Pub. L. 86129,  1 73 Stat. 274  Section 1486, acts June 27, 1952, ch. 477 66 Stat. 271 Aug. 4, 1959 Pub. L. 86129 73 Stat. 274 Sept. 26, 1961 Pub. L. 87301,  20 75 Stat. 656  Section 1487, act June 27, 1952, ch. 477, title III 66 Stat. 272  1488. Nationality lost solely from performance of acts or fulfillment of conditions  The loss of nationality under this part shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this part. ( June 27, 1952, ch. 477 66 Stat. 272  1489. Application of treaties; exceptions  Nothing in this subchapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate before December 25, 1952 Provided, however September 22, 1922 March 3, 1931 ( June 27, 1952, ch. 477 66 Stat. 272 Pub. L. 100525,  9(ii) Oct. 24, 1988 102 Stat. 2622  Editorial Notes Amendments 1988 Pub. L. 100525 December 25, 1952 Part IV Miscellaneous  1501. Certificate of diplomatic or consular officer of United States as to loss of American nationality  Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationality under any provision of part III of this subchapter, or under any provision of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Attorney General, for his information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates. Approval by the Secretary of State of a certificate under this section shall constitute a final administrative determination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purposes of section 1503 of this title ( June 27, 1952, ch. 477 66 Stat. 272 Pub. L. 103416, title I,  106 Oct. 25, 1994 108 Stat. 4309  Editorial Notes  References in Text Chapter IV of the Nationality Act of 1940, as amended, referred to in text, which was classified to sections 800 to 810 of this title, was repealed by section 403(a)(42) of act June 27, 1952 This chapter, referred to in text, was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Codification Section was formerly classified to section 100 of this title Amendments 1994 Pub. L. 103416 section 1503 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  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  The Secretary of State is authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use in judicial or administrative proceedings in a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appropriate official channels to the judicial or administrative officers of the foreign state in which it is to be used. ( June 27, 1952, ch. 477 66 Stat. 273  Editorial Notes Codification Section was formerly classified to section 101 of this title  1503. Denial of rights and privileges as national (a) Proceedings for declaration of United States nationality If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an action under the provisions of section 2201 of title 28 (b) Application for certificate of identity; appeal If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a certificate of identity. From any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The Secretary of State shall prescribe rules and regulations for the issuance of certificates of identity as above provided. The provisions of this subsection shall be applicable only to a person who at some time prior to his application for the certificate of identity has been physically present in the United States, or to a person under sixteen years of age who was born abroad of a United States citizen parent. (c) Application for admission to United States under certificate of identity; revision of determination A person who has been issued a certificate of identity under the provisions of subsection (b), and while in possession thereof, may apply for admission to the United States at any port of entry, and shall be subject to all the provisions of this chapter relating to the conduct of proceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United States shall be subject to review by any court of competent jurisdiction in habeas corpus proceedings and not otherwise. Any person described in this section who is finally denied admission to the United States shall be subject to all the provisions of this chapter relating to aliens seeking admission to the United States. ( June 27, 1952, ch. 477 66 Stat. 273 Pub. L. 104208, div. C, title III,  308(d)(4)(P) Sept. 30, 1996 110 Stat. 3009619  Editorial Notes  References in Text This chapter, referred to in subsecs. (a) and (c), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (a). Pub. L. 104208,  308(d)(4)(P)(i) Subsec. (c). Pub. L. 104208,  308(d)(4)(P)(ii) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1504. Cancellation of United States passports and Consular Reports of Birth (a) The Secretary of State is authorized to cancel any United States passport or Consular Report of Birth, or certified copy thereof, if it appears that such document was illegally, fraudulently, or erroneously obtained from, or was created through illegality or fraud practiced upon, the Secretary. The person for or to whom such document has been issued or made shall be given, at such persons last known address, written notice of the cancellation of such document, together with the procedures for seeking a prompt post-cancellation hearing. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued. (b) For purposes of this section, the term Consular Report of Birth refers to the report, designated as a Report of Birth Abroad of a Citizen of the United States, issued by a consular officer to document a citizen born abroad. ( June 27, 1952, ch. 477 Pub. L. 103416, title I,  107(a) Oct. 25, 1994 108 Stat. 4309 SUBCHAPTER IV REFUGEE ASSISTANCE  1521. Office of Refugee Resettlement; establishment; appointment of Director; functions (a) There is established, within the Department of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this subchapter referred to as the Office). The head of the Office shall be a Director (hereinafter in this subchapter referred to as the Director), to be appointed by the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the Secretary). (b) The function of the Office and its Director is to fund and administer (directly or through arrangements with other Federal agencies), in consultation with the Secretary of State, programs of the Federal Government under this subchapter. ( June 27, 1952, ch. 477 Pub. L. 96212, title III,  311(a)(2) Mar. 17, 1980 94 Stat. 110 Pub. L. 103236, title I,  162(n)(1) Apr. 30, 1994 108 Stat. 409  Editorial Notes Amendments 1994Subsec. (b). Pub. L. 103236 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103236 Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 Effective Date Subchapter applicable with respect to fiscal years beginning on or after Oct. 1, 1979 section 313 of Pub. L. 96212 section 1522 of this title Short Title of Refugee Act of 1980 For short title of Refugee Act of 1980, see Short Title of 1980 Amendment note set out under section 1101 of this title References to Secretary of Education or Secretary of Department of Health and Human Services Pub. L. 96212, title II,  204(e) Mar. 17, 1980 94 Stat. 109 Any reference in this Act [see Short Title of 1980 Amendment note set out under section 1101 of this title section 3401 of Title 20 Congressional Declaration of Policies and Objectives Pub. L. 96212, title I,  101 Mar. 17, 1980 94 Stat. 102  (a) the Congress declares that it is the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands, including, where appropriate, humanitarian assistance for their care and maintenance in asylum areas, efforts to promote opportunities for resettlement or voluntary repatriation, aid for necessary transportation and processing, admission to this country of refugees of special humanitarian concern to the United States, and transitional assistance to refugees in the United States. The Congress further declares that it is the policy of the United States to encourage all nations to provide assistance and resettlement opportunities to refugees to the fullest extent possible. (b) The objectives of this Act [see Short Title of 1980 Amendment note set out under section 1101 of this title  1522. Authorization for programs for domestic resettlement of and assistance to refugees (a) Conditions and considerations (1) (A) In providing assistance under this section, the Director shall, to the extent of available appropriations, (i) make available sufficient resources for employment training and placement in order to achieve economic self-sufficiency among refugees as quickly as possible, (ii) provide refugees with the opportunity to acquire sufficient English language training to enable them to become effectively resettled as quickly as possible, (iii) insure that cash assistance is made available to refugees in such a manner as not to discourage their economic self-sufficiency, in accordance with subsection (e)(2), and (iv) insure that women have the same opportunities as men to participate in training and instruction. (B) It is the intent of Congress that in providing refugee assistance under this section (i) employable refugees should be placed on jobs as soon as possible after their arrival in the United States; (ii) social service funds should be focused on employment-related services, English-as-a-second-language training (in nonwork hours where possible), and case-management services; and (iii) local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments. (2) (A) The Director and the Federal agency administering subsection (b)(1) shall consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities. (B) The Director shall develop and implement, in consultation with representatives of voluntary agencies and State and local governments, policies and strategies for the placement and resettlement of refugees within the United States. (C) Such policies and strategies, to the extent practicable and except under such unusual circumstances as the Director may recognize, shall (i) insure that a refugee is not initially placed or resettled in an area highly impacted (as determined under regulations prescribed by the Director after consultation with such agencies and governments) by the presence of refugees or comparable populations unless the refugee has a spouse, parent, sibling, son, or daughter residing in that area, (ii) provide for a mechanism whereby representatives of local affiliates of voluntary agencies regularly (not less often than quarterly) meet with representatives of State and local governments to plan and coordinate in advance of their arrival the appropriate placement of refugees among the various States and localities, and (iii) take into account (I) the proportion of refugees and comparable entrants in the population in the area, (II) the availability of employment opportunities, affordable housing, and public and private resources (including educational, health care, and mental health services) for refugees in the area, (III) the likelihood of refugees placed in the area becoming self-sufficient and free from long-term dependence on public assistance, and (IV) the secondary migration of refugees to and from the area that is likely to occur. (D) With respect to the location of placement of refugees within a State, the Federal agency administering subsection (b)(1) shall, consistent with such policies and strategies and to the maximum extent possible, take into account recommendations of the State. (3) In the provision of domestic assistance under this section, the Director shall make a periodic assessment, based on refugee population and other relevant factors, of the relative needs of refugees for assistance and services under this subchapter and the resources available to meet such needs. The Director shall compile and maintain data on secondary migration of refugees within the United States and, by State of residence and nationality, on the proportion of refugees receiving cash or medical assistance described in subsection (e). In allocating resources, the Director shall avoid duplication of services and provide for maximum coordination between agencies providing related services. (4) (A) No grant or contract may be awarded under this section unless an appropriate proposal and application (including a description of the agencys ability to perform the services specified in the proposal) are submitted to, and approved by, the appropriate administering official. Grants and contracts under this section shall be made to those agencies which the appropriate administering official determines can best perform the services. Payments may be made for activities authorized under this subchapter in advance or by way of reimbursement. In carrying out this section, the Director, the Secretary of State, and any such other appropriate administering official are authorized (i) to make loans, and (ii) to accept and use money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for the purpose of carrying out this section. (B) No funds may be made available under this subchapter (other than under subsection (b)(1)) to States or political subdivisions in the form of block grants, per capita grants, or similar consolidated grants or contracts. Such funds shall be made available under separate grants or contracts (i) for medical screening and initial medical treatment under subsection (b)(5), (ii) for services for refugees under subsection (c)(1), (iii) for targeted assistance project grants under subsection (c)(2), and (iv) for assistance for refugee children under subsection (d)(2). (C) The Director may not delegate to a State or political subdivision his authority to review or approve grants or contracts under this subchapter or the terms under which such grants or contracts are made. (5) Assistance and services funded under this section shall be provided to refugees without regard to race, religion, nationality, sex, or political opinion. (6) As a condition for receiving assistance under this section, a State must (A) submit to the Director a plan which provides (i) a description of how the State intends to encourage effective refugee resettlement and to promote economic self-sufficiency as quickly as possible, (ii) a description of how the State will insure that language training and employment services are made available to refugees receiving cash assistance, (iii) for the designation of an individual, employed by the State, who will be responsible for insuring coordination of public and private resources in refugee resettlement, (iv) for the care and supervision of and legal responsibility for unaccompanied refugee children in the State, and (v) for the identification of refugees who at the time of resettlement in the State are determined to have medical conditions requiring, or medical histories indicating a need for, treatment or observation and such monitoring of such treatment or observation as may be necessary; (B) meet standards, goals, and priorities, developed by the Director, which assure the effective resettlement of refugees and which promote their economic self-sufficiency as quickly as possible and the efficient provision of services; and (C) submit to the Director, within a reasonable period of time after the end of each fiscal year, a report on the uses of funds provided under this subchapter which the State is responsible for administering. (7) The Secretary, together with the Secretary of State with respect to assistance provided by the Secretary of State under subsection (b), shall develop a system of monitoring the assistance provided under this section. This system shall include (A) evaluations of the effectiveness of the programs funded under this section and the performance of States, grantees, and contractors; (B) financial auditing and other appropriate monitoring to detect any fraud, abuse, or mismanagement in the operation of such programs; and (C) data collection on the services provided and the results achieved. (8) The Attorney General shall provide the Director with information supplied by refugees in conjunction with their applications to the Attorney General for adjustment of status, and the Director shall compile, summarize, and evaluate such information. (9) The Secretary, the Secretary of Education, the Attorney General, and the Secretary of State may issue such regulations as each deems appropriate to carry out this subchapter. (10) For purposes of this subchapter, the term refugee includes any alien described in section 1157(c)(2) of this title (b) Program of initial resettlement (1) (A) For (i) fiscal years 1980 and 1981, the Secretary of State is authorized, and (ii) fiscal year 1982 and succeeding fiscal years, the Director (except as provided in subparagraph (B)) is authorized, to make grants to, and contracts with, public or private nonprofit agencies for initial resettlement (including initial reception and placement with sponsors) of refugees in the United States. Grants to, or contracts with, private nonprofit voluntary agencies under this paragraph shall be made consistent with the objectives of this subchapter, taking into account the different resettlement approaches and practices of such agencies. Resettlement assistance under this paragraph shall be provided in coordination with the Directors provision of other assistance under this subchapter. Funds provided to agencies under such grants and contracts may only be obligated or expended during the fiscal year in which they are provided (or the subsequent fiscal year or such subsequent fiscal period as the Federal contracting agency may approve) to carry out the purposes of this subsection. (B) If the President determines that the Director should not administer the program under this paragraph, the authority of the Director under the first sentence of subparagraph (A) shall be exercised by such officer as the President shall from time to time specify. (2) The Director is authorized to develop programs for such orientation, instruction in English, and job training for refugees, and such other education and training of refugees, as facilitates their resettlement in the United States. The Director is authorized to implement such programs, in accordance with the provisions of this section, with respect to refugees in the United States. The Secretary of State is authorized to implement such programs with respect to refugees awaiting entry into the United States. (3) The Secretary is authorized to make arrangements (including cooperative arrangements with other Federal agencies) for the temporary care of refugees in the United States in emergency circumstances, including the establishment of processing centers, if necessary, without regard to such provisions of law (other than the Renegotiation Act of 1951 and section 1524(b) of this title (4) The Secretary shall (A) assure that an adequate number of trained staff are available at the location at which the refugees enter the United States to assure that all necessary medical records are available and in proper order; (B) provide for the identification of refugees who have been determined to have medical conditions affecting the public health and requiring treatment; (C) assure that State or local health officials at the resettlement destination within the United States of each refugee are promptly notified of the refugees arrival and provided with all applicable medical records; and (D) provide for such monitoring of refugees identified under subparagraph (B) as will insure that they receive appropriate and timely treatment. The Secretary shall develop and implement methods for monitoring and assessing the quality of medical screening and related health services provided to refugees awaiting resettlement in the United States. (5) The Director is authorized to make grants to, and enter into contracts with, State and local health agencies for payments to meet their costs of providing medical screening and initial medical treatment to refugees. (6) The Comptroller General shall directly conduct an annual financial audit of funds expended under each grant or contract made under paragraph (1) for fiscal year 1986 and for fiscal year 1987. (7) Each grant or contract with an agency under paragraph (1) shall require the agency to do the following: (A) To provide quarterly performance and financial status reports to the Federal agency administering paragraph (1). (B) (i) To provide, directly or through its local affiliate, notice to the appropriate county or other local welfare office at the time that the agency becomes aware that a refugee is offered employment and to provide notice to the refugee that such notice has been provided, and (ii) upon request of such a welfare office to which a refugee has applied for cash assistance, to furnish that office with documentation respecting any cash or other resources provided directly by the agency to the refugee under this subsection. (C) To assure that refugees, known to the agency as having been identified pursuant to paragraph (4)(B) as having medical conditions affecting the public health and requiring treatment, report to the appropriate county or other health agency upon their resettlement in an area. (D) To fulfill its responsibility to provide for the basic needs (including food, clothing, shelter, and transportation for job interviews and training) of each refugee resettled and to develop and implement a resettlement plan including the early employment of each refugee resettled and to monitor the implementation of such plan. (E) To transmit to the Federal agency administering paragraph (1) an annual report describing the following: (i) The number of refugees placed (by county of placement) and the expenditures made in the year under the grant or contract, including the proportion of such expenditures used for administrative purposes and for provision of services. (ii) The proportion of refugees placed by the agency in the previous year who are receiving cash or medical assistance described in subsection (e). (iii) The efforts made by the agency to monitor placement of the refugees and the activities of local affiliates of the agency. (iv) The extent to which the agency has coordinated its activities with local social service providers in a manner which avoids duplication of activities and has provided notices to local welfare offices and the reporting of medical conditions of certain aliens to local health departments in accordance with subparagraphs (B)(i) and (C). (v) Such other information as the agency administering paragraph (1) deems to be appropriate in monitoring the effectiveness of agencies in carrying out their functions under such grants and contracts. The agency administering paragraph (1) shall promptly forward a copy of each annual report transmitted under subparagraph (E) to the Committees on the Judiciary of the House of Representatives and of the Senate. (8) The Federal agency administering paragraph (1) shall establish criteria for the performance of agencies under grants and contracts under that paragraph, and shall include criteria relating to an agencys (A) efforts to reduce welfare dependency among refugees resettled by that agency, (B) collection of travel loans made to refugees resettled by that agency for travel to the United States, (C) arranging for effective local sponsorship and other nonpublic assistance for refugees resettled by that agency, (D) cooperation with refugee mutual assistance associations, local social service providers, health agencies, and welfare offices, (E) compliance with the guidelines established by the Director for the placement and resettlement of refugees within the United States, and (F) compliance with other requirements contained in the grant or contract, including the reporting and other requirements under subsection (b)(7). The Federal administering agency shall use the criteria in the process of awarding or renewing grants and contracts under paragraph (1). (c) Project grants and contracts for services for refugees (1) (A) The Director is authorized to make grants to, and enter into contracts with, public or private nonprofit agencies for projects specifically designed (i) to assist refugees in obtaining the skills which are necessary for economic self-sufficiency, including projects for job training, employment services, day care, professional refresher training, and other recertification services; (ii) to provide training in English where necessary (regardless of whether the refugees are employed or receiving cash or other assistance); and (iii) to provide where specific needs have been shown and recognized by the Director, health (including mental health) services, social services, educational and other services. (B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on the total number of refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and who are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year. (C) Any limitation which the Director establishes on the proportion of funds allocated to a State under this paragraph that the State may use for services other than those described in subsection (a)(1)(B)(ii) shall not apply if the Director receives a plan (established by or in consultation with local governments) and determines that the plan provides for the maximum appropriate provision of employment-related services for, and the maximum placement of, employable refugees consistent with performance standards established under section 106 of the Job Training Partnership Act. (2) (A) The Director is authorized to make grants to States for assistance to counties and similar areas in the States where, because of factors such as unusually large refugee populations (including secondary migration), high refugee concentrations, and high use of public assistance by refugees, there exists and can be demonstrated a specific need for supplementation of available resources for services to refugees. (B) Grants shall be made available under this paragraph (i) primarily for the purpose of facilitating refugee employment and achievement of self-sufficiency, (ii) in a manner that does not supplant other refugee program funds and that assures that not less than 95 percent of the amount of the grant award is made available to the county or other local entity. (d) Assistance for refugee children (1) The Secretary of Education is authorized to make grants, and enter into contracts, for payments for projects to provide special educational services (including English language training) to refugee children in elementary and secondary schools where a demonstrated need has been shown. (2) (A) The Director is authorized to provide assistance, reimbursement to States, and grants to and contracts with public and private nonprofit agencies, for the provision of child welfare services, including foster care maintenance payments and services and health care, furnished to any refugee child (except as provided in subparagraph (B)) during the thirty-six month period beginning with the first month in which such refugee child is in the United States. (B) (i) In the case of a refugee child who is unaccompanied by a parent or other close adult relative (as defined by the Director), the services described in subparagraph (A) may be furnished until the month after the child attains eighteen years of age (or such higher age as the States child welfare services plan under part B of title IV of the Social Security Act [ 42 U.S.C. 620 (ii) The Director shall attempt to arrange for the placement under the laws of the States of such unaccompanied refugee children, who have been accepted for admission to the United States, before (or as soon as possible after) their arrival in the United States. During any interim period while such a child is in the United States or in transit to the United States but before the child is so placed, the Director shall assume legal responsibility (including financial responsibility) for the child, if necessary, and is authorized to make necessary decisions to provide for the childs immediate care. (iii) In carrying out the Directors responsibilities under clause (ii), the Director is authorized to enter into contracts with appropriate public or private nonprofit agencies under such conditions as the Director determines to be appropriate. (iv) The Director shall prepare and maintain a list of (I) all such unaccompanied children who have entered the United States after April 1, 1975 (e) Cash assistance and medical assistance to refugees (1) The Director is authorized to provide assistance, reimbursement to States, and grants to, and contracts with, public or private nonprofit agencies for 100 per centum of the cash assistance and medical assistance provided to any refugee during the thirty-six month period beginning with the first month in which such refugee has entered the United States and for the identifiable and reasonable administrative costs of providing this assistance. (2) (A) Cash assistance provided under this subsection to an employable refugee is conditioned, except for good cause shown (i) on the refugees registration with an appropriate agency providing employment services described in subsection (c)(1)(A)(i), or, if there is no such agency available, with an appropriate State or local employment service; (ii) on the refugees participation in any available and appropriate social service or targeted assistance program (funded under subsection (c)) providing job or language training in the area in which the refugee resides; and (iii) on the refugees acceptance of appropriate offers of employment. (B) Cash assistance shall not be made available to refugees who are full-time students in institutions of higher education (as defined by the Director after consultation with the Secretary of Education). (C) In the case of a refugee who (i) refuses an offer of employment which has been determined to be appropriate either by the agency responsible for the initial resettlement of the refugee under subsection (b) or by the appropriate State or local employment service, (ii) refuses to go to a job interview which has been arranged through such agency or service, or (iii) refuses to participate in a social service or targeted assistance program referred to in subparagraph (A)(ii) which such agency or service determines to be available and appropriate, cash assistance to the refugee shall be terminated (after opportunity for an administrative hearing) for a period of three months (for the first such refusal) or for a period of six months (for any subsequent refusal). (3) The Director shall develop plans to provide English training and other appropriate services and training to refugees receiving cash assistance. (4) If a refugee is eligible for aid or assistance under a State program funded under part A of title IV or under title XIX of the Social Security Act [ 42 U.S.C. 601 42 U.S.C. 1381 (5) The Director is authorized to allow for the provision of medical assistance under paragraph (1) to any refugee, during the one-year period after entry, who does not qualify for assistance under a State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 (A) this will (i) encourage economic self-sufficiency, or (ii) avoid a significant burden on State and local governments; and (B) the refugee meets such alternative financial resources and income requirements as the Director shall establish. (6) As a condition for receiving assistance, reimbursement, or a contract under this subsection and notwithstanding any other provision of law, a State or agency must provide assurances that whenever a refugee applies for cash or medical assistance for which assistance or reimbursement is provided under this subsection, the State or agency must notify promptly the agency (or local affiliate) which provided for the initial resettlement of the refugee under subsection (b) of the fact that the refugee has so applied. (7) (A) The Secretary shall develop and implement alternative projects for refugees who have been in the United States less than thirty-six months, under which refugees are provided interim support, medical services, support services, and case management, as needed, in a manner that encourages self-sufficiency, reduces welfare dependency, and fosters greater coordination among the resettlement agencies and service providers. The Secretary may permit alternative projects to cover specific groups of refugees who have been in the United States 36 months or longer if the Secretary determines that refugees in the group have been significantly and disproportionately dependent on welfare and need the services provided under the project in order to become self-sufficient and that their coverage under the projects would be cost-effective. (B) Refugees covered under such alternative projects shall be precluded from receiving cash or medical assistance under any other paragraph of this subsection or under title XIX or part A of title IV of the Social Security Act [ 42 U.S.C. 1396 (C) The Secretary shall report to Congress not later than October 31, 1985 (D) To the extent that the use of such funds is consistent with the purposes of such provisions, funds appropriated under section 1524(a) of this title 42 U.S.C. 601 42 U.S.C. 1396 (8) In its provision of assistance to refugees, a State or political subdivision shall consider the recommendations of, and assistance provided by, agencies with grants or contracts under subsection (b)(1). (f) Assistance to States and counties for incarceration of certain Cuban nationals; priority for removal and return to Cuba (1) The Attorney General shall pay compensation to States and to counties for costs incurred by the States and counties to confine in prisons, during the fiscal year for which such payment is made, nationals of Cuba who (A) were paroled into the United States in 1980 by the Attorney General, (B) after such parole committed any violation of State or county law for which a term of imprisonment was imposed, and (C) at the time of such parole and such violation were not aliens lawfully admitted to the United States (i) for permanent residence, or (ii) under the terms of an immigrant or a nonimmigrant visa issued, under this chapter. (2) For a State or county to be eligible to receive compensation under this subsection, the chief executive officer of the State or county shall submit to the Attorney General, in accordance with rules to be issued by the Attorney General, an application containing (A) the number and names of the Cuban nationals with respect to whom the State or county is entitled to such compensation, and (B) such other information as the Attorney General may require. (3) For a fiscal year the Attorney General shall pay the costs described in paragraph (1) to each State and county determined by the Attorney General to be eligible under paragraph (2); except that if the amounts appropriated for the fiscal year to carry out this subsection are insufficient to cover all such payments, each of such payments shall be ratably reduced so that the total of such payments equals the amounts so appropriated. (4) The authority of the Attorney General to pay compensation under this subsection shall be effective for any fiscal year only to the extent and in such amounts as may be provided in advance in appropriation Acts. (5) It shall be the policy of the United States Government that the President, in consultation with the Attorney General and all other appropriate Federal officials and all appropriate State and county officials referred to in paragraph (2), shall place top priority on seeking the expeditious removal from this country and the return to Cuba of Cuban nationals described in paragraph (1) by any reasonable and responsible means, and to this end the Attorney General may use the funds authorized to carry out this subsection to conduct such policy. ( June 27, 1952, ch. 477 Pub. L. 96212, title III,  311(a)(2) Mar. 17, 1980 94 Stat. 111 Pub. L. 97363 Oct. 25, 1982 96 Stat. 17341736 Pub. L. 98164, title X,  1011(b) Nov. 22, 1983 97 Stat. 1061 Pub. L. 98473, title I,  101(d) Oct. 12, 1984 98 Stat. 1876 Pub. L. 99605 Nov. 6, 1986 100 Stat. 34493451 Pub. L. 100525,  6(b) Oct. 24, 1988 102 Stat. 2616 Pub. L. 103236, title I,  162(n)(2) Apr. 30, 1994 108 Stat. 409 Pub. L. 103416, title II,  219(x) Oct. 25, 1994 108 Stat. 4318 Pub. L. 104193, title I,  110(s)(3) Aug. 22, 1996 110 Stat. 2175 Pub. L. 104208, div. C, title VI,  671(e)(7) Sept. 30, 1996 110 Stat. 3009723  Editorial Notes  References in Text The Renegotiation Act of 1951, referred to in subsec. (b)(3), is act Mar. 23, 1951, ch. 15 65 Stat. 7 Section 106 of the Job Training Partnership Act, referred to in subsec. (c)(1)(C), which was classified to section 1516 of Title 29 Pub. L. 105220, title I,  199(b)(2) Aug. 7, 1998 112 Stat. 1059 July 1, 2000 section 2940(b) of Title 29 Aug. 7, 1998 Pub. L. 105220 Aug. 7, 1998 112 Stat. 936 July 1, 2000 Pub. L. 113128, title V July 22, 2014 128 Stat. 1703 July 1, 2015 section 3361(a) of Title 29 Pub. L. 113128 July 22, 2014 128 Stat. 1425 July 1, 2015 section 3101 of Title 29 The Social Security Act, referred to in subsecs. (d)(2)(B)(i) and (e)(4), (5), (7)(B), (D), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 This chapter, referred to in subsec. (f)(1)(C), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1996Subsec. (b)(3). Pub. L. 104208 Subsec. (b)(4). Pub. L. 104208 Subsec. (e)(4). Pub. L. 104193 1994Subsec. (a)(2)(A). Pub. L. 103236,  162(n)(2)(A) Subsec. (b)(3), (4). Pub. L. 103236,  162(n)(2)(B) Subsec. (e)(7)(C). Pub. L. 103236,  162(n)(2)(C) Subsec. (e)(7)(D). Pub. L. 103416 1988Subsecs. (f)(5), (g). Pub. L. 100525 1986Subsec. (a)(2)(A). Pub. L. 99605,  4(1) Subsec. (a)(2)(C)(iii). Pub. L. 99605,  4(2) Subsec. (a)(2)(D). Pub. L. 99605,  4(3) Subsec. (a)(4). Pub. L. 99605,  12 Subsec. (a)(9). Pub. L. 99605,  3(b) Subsec. (b)(1)(A). Pub. L. 99605,  5(b)(2) Subsec. (b)(6). Pub. L. 99605,  5(a) Subsec. (b)(7). Pub. L. 99605,  5(b)(1) Subsec. (b)(8). Pub. L. 99605,  5(c) Subsec. (c)(1). Pub. L. 99605,  6(a) Subsec. (c)(1)(C). Pub. L. 99605,  6(b) Subsec. (c)(2). Pub. L. 99605,  8(a) Subsec. (d)(1). Pub. L. 99605,  3(a) Subsec. (e)(2)(A). Pub. L. 99605,  9(a)(1) Subsec. (e)(2)(A)(i). Pub. L. 99605,  6(d) Subsec. (e)(2)(A)(ii). Pub. L. 99605,  8(b) Subsec. (e)(2)(C). Pub. L. 99605,  9(a)(2) Subsec. (e)(7)(A). Pub. L. 99605,  10 Subsec. (e)(8). Pub. L. 99605,  9(b) Subsecs. (f), (g). Pub. L. 99605,  13 1984Subsec. (e)(7). Pub. L. 98473 1983Subsec. (b)(1)(B). Pub. L. 98164 Mar. 1, 1981 1982Subsec. (a)(1)(A). Pub. L. 97363,  3(a)(1) Subsec. (a)(1)(B). Pub. L. 97363,  3(a)(3) Subsec. (a)(2)(A). Pub. L. 97363,  4(a)(1) Subsec. (a)(2)(B), (C). Pub. L. 97363,  4(a)(2) Subsec. (a)(3). Pub. L. 97363,  4(b) Subsec. (b)(1)(A). Pub. L. 97363,  5(1) Pub. L. 97363,  5(2) Subsec. (b)(5). Pub. L. 97363,  5(3) Subsec. (b)(6). Pub. L. 97363,  5(4) Subsec. (e)(1). Pub. L. 97363,  6(a) Subsec. (e)(2). Pub. L. 97363,  6(b) Subsec. (e)(6). Pub. L. 97363,  6(c) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104193 July 1, 1997 section 116 of Pub. L. 104193 section 601 of Title 42 Effective Date of 1994 Amendments Amendment by Pub. L. 103416 Pub. L. 101649 section 219(dd) of Pub. L. 103416 section 1101 of this title Amendment by Pub. L. 103236 Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 Effective Date of 1988 Amendment Pub. L. 100525,  6(c) Oct. 24, 1988 102 Stat. 2616 The amendments made by this section [amending this section and section 1524 of this title Pub. L. 99605 Effective Date of 1986 Amendment Pub. L. 99605,  5(d) Nov. 6, 1986 100 Stat. 3452  (1) Section 412(b)(7) (other than subparagraphs (B)(i), (C), and (D)) of the Immigration and Nationality Act [ 8 U.S.C. 1522(b)(7) Nov. 6, 1986 (2) Section 412(b)(7)(D) of the Immigration and Nationality Act [ 8 U.S.C. 1522(b)(7) Nov. 6, 1986 (3) The criteria required under the amendment made by subsection (c) [amending this section] shall be established not later than 60 days after the date of the enactment of this Act [ Nov. 6, 1986 Pub. L. 99605,  6(c) Nov. 6, 1986 100 Stat. 3453 The amendment made by subsection (a) [amending this section] shall apply to allocations of funds for fiscal years beginning with fiscal year 1987. Pub. L. 99605,  9(c) Nov. 6, 1986 100 Stat. 3454 The amendments made by subsection (a) of this section [amending this section] shall apply to aliens entering the United States as refugees on or after the first day of the first calendar quarter that begins more than 90 days after the date of the enactment of this Act [ Nov. 6, 1986 Effective Date of 1984 Amendment Pub. L. 98473, title I,  101(d) Oct. 12, 1984 98 Stat. 1877 The amendment made by this paragraph [amending this section] shall take effect on October 1, 1984 Effective Date of 1982 Amendment Pub. L. 97363,  8 Oct. 25, 1982 96 Stat. 1737  The amendments made by (1) sections 3(b), 4, 5(3), 5(4), 6(a), and 7 [amending this section and section 1523 of this title October 1, 1982 (2) sections 5(2), 6(b), and 6(c) [amending this section] apply to grants and contracts made, and assistance furnished, on or after October 1, 1982 Effective Date Pub. L. 96212, title III Mar. 17, 1980 94 Stat. 117  (a) Except as otherwise provided in this section, the amendments made by this part [enacting sections 1521 to 1524 of this title, amending section 2601 of Title 22 section 2601 of Title 22 October 1, 1979 (b) Subject to subsection (c), the limitations contained in sections 412(d)(2)(A) and 412(e)(1) of the Immigration and Nationality Act [subsecs. (d)(2)(A) and (e)(1) of this section] on the duration of the period for which child welfare services and cash and medical assistance may be provided to particular refugees shall not apply to such services and assistance provided before April 1, 1981 (c) Notwithstanding section 412(e)(1) of the Immigration and Nationality Act [subsec. (e)(1) of this section] and in lieu of any assistance which may otherwise be provided under such section with respect to Cuban refugees who entered the United States and were receiving assistance under section 2(b) of the Migration and Refugee Assistance Act of 1962 [ 22 U.S.C. 2601(b) October 1, 1978 (1) to provide reimbursement (A) in fiscal year 1980, for 75 percent, (B) in fiscal year 1981, for 60 percent, (C) in fiscal year 1982, for 45 percent, and (D) in fiscal year 1983, for 25 percent, of the non-Federal costs or providing cash and medical assistance (other than assistance described in paragraph (2)) to such refugees, and (2) to provide reimbursement in any fiscal year for 100 percent of the non-Federal costs associated with such Cuban refugees with respect to whom supplemental security income payments were being paid as of September 30, 1978 42 U.S.C. 1381 (d) the requirements of section 412(a)(6)(A) of the Immigration and Nationality Act [subsec. (a)(6)(A) of this section] shall apply to assistance furnished under chapter 2 of title IV of such Act [this subchapter] after October 1, 1980  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Maintaining Funding Level of Matching Grant Program Pub. L. 99605,  7 Nov. 6, 1986 100 Stat. 3453  (a)  Maintaining Funding Level Subject to the availability of appropriations, the Director of the Office of Refugee Resettlement shall not reduce the maximum average Federal contribution level per refugee in the matching grant program and shall not increase the percentage grantee matching requirement under that program below the level, or above the percentage, in effect under the program for grants in fiscal year 1985. (b)  Matching Grant Program The matching grant program referred to in subsection (a) is the voluntary agency program which is known as the matching grant program and is funded under section 412(c) of the Immigration and Nationality Act [ 8 U.S.C. 1522(c) Reimbursement to State and Local Public Agencies for Expenses Incurred for Providing Social Services to Applicants for Asylum Pub. L. 96212, title IV,  401 Mar. 17, 1980 94 Stat. 117 Pub. L. 104208, div. C, title III,  308(d)(4)(S) Sept. 30, 1996 110 Stat. 3009619  (a) The Director of the Office of Refugee Resettlement is authorized to use funds appropriated under paragraphs (1) and (2) of section 414(a) of the Immigration and Nationality Act [ 8 U.S.C. 1524(a) 22 U.S.C. 2601(b)(3) (b) The Attorney General is authorized to grant to an alien described in subsection (c) of this section permission to engage in employment in the United States and to provide to that alien an employment authorized endorsement or other appropriate work permit. (c) This section applies with respect to any alien in the United States (1) who has applied before November 1, 1979 Eligibility of Certain Cuban-Haitian Entrants Entering After Nov. 1, 1979 Pub. L. 9735, title V Aug. 13, 1981 95 Stat. 459 Oct. 1, 1981 For purposes of the Refugee Education Assistance Act of 1980 [set out below], an alien who entered the United States on or after November 1, 1979 Cuban Refugees; Incarceration and Deportation of Certain Cubans Pub. L. 96533, title VII,  716 Dec. 16, 1980 94 Stat. 3162 The Congress finds that the United States Government has already incarcerated recently arrived Cubans who are admitted criminals, are security threats, or have incited civil disturbances in Federal processing facilities. The Congress urges the Executive branch, consistent with United States law, to seek the deportation of such individuals. Refugee Education Assistance Act of 1980 Pub. L. 96422 Oct. 10, 1980 94 Stat. 1799 Pub. L. 96424 Oct. 10, 1980 94 Stat. 1820 Pub. L. 9735, title V Aug. 13, 1981 95 Stat. 459463 Oct. 1, 1981 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 103382, title III,  391(a) Oct. 20, 1994 108 Stat. 4021 Pub. L. 104208, div. C, title III,  308(d)(4)(T) Sept. 30, 1996 110 Stat. 3009619 Pub. L. 105220, title II,  251(b)(1) Aug. 7, 1998 112 Stat. 1079 Pub. L. 105277, div. A,  101(f) [title VIII,  405(d)(5), (f)(5)] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 107110, title X,  1076(d) Jan. 8, 2002 115 Stat. 2091 Pub. L. 11495, title IX,  9215 lll Dec. 10, 2015 129 Stat. 2187  That this Act may be cited as the Refugee Education Assistance Act of 1980. Title I General Provisions definitions Sec. 101. As used in this Act (1) The terms elementary school, local educational agency, secondary school, State, and State educational agency have the meanings given such terms under section 8101 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7801 (2) The term elementary or secondary nonpublic schools means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 [ 26 U.S.C. 501(c)(3) (3) The term eligible participant means any alien who (A) has been admitted into the United States as a refugee under section 207 of the Immigration and Nationality Act [ section 1157 of this title (B) has been paroled into the United States as a refugee by the Attorney General pursuant to section 212(d)(5) of such Act [ section 1182(d)(5) of this title (C) is an applicant for asylum, or has been granted asylum, in the United States; or (D) has fled from the aliens country of origin and has, pursuant to an Executive order of the President, been permitted to enter the United States and remain in the United States indefinitely for humanitarian reasons; but only during the 36-month [period] beginning with the first month in which the alien entered the United States (in the case of an alien described in (A), (B), or (D)) or the month in which the alien applied for asylum (in the case of an alien described in subparagraph (C)). (4) The term Secretary means the Secretary of Education. authorizations and allocation of appropriations Sec. 102. (a) There are authorized to be appropriated for each of the fiscal years 1981, 1982, and 1983, but only in a lump sum for all programs under this Act, subject to allocation in accordance with subsection (b), such sums as may be necessary to make payments to which State educational agencies are entitled under this Act and payments for administration under section 104. (b) (1) If the sums appropriated for any fiscal year to make payments to States under this Act are not sufficient to pay in full the sum of the amounts which State educational agencies are entitled to receive under titles II through IV for such year, the allocations to State educational agencies under each of such titles shall be ratably reduced by the same percentage to the extent necessary to bring the aggregate of such allocations within the limits of the amounts so appropriated. (2) In the event that funds become available for making payments under this Act for any period after allocations have been made under paragraph (1) of this subsection for such period, the amounts reduced under such paragraph shall be increased on the same basis as they were reduced. treatment of certain jurisdictions Sec. 103. (a) The jurisdictions to which this section applies are Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (b) (1) Each jurisdiction to which this section applies shall be entitled to grants for the purposes set forth in sections 201(a), 302, and 402 in amounts equal to amounts determined by the Secretary in accordance with criteria established by the Secretary, except that the aggregate of the amount to which such jurisdictions are so entitled for any period (A) for the purposes set forth in section 201(a), shall not exceed an amount equal to 1 percent of the amount authorized to be appropriated under section 201 for that period; (B) for the purposes set forth in section 302, shall not exceed an amount equal to 1 percent of the aggregate of the amounts to which all States are entitled under section 301 for that period; and (C) for the purposes set forth in section 402, shall not exceed an amount equal to 1 percent of the aggregate of the amounts to which all States are entitled under section 401 for that period. (2) If the aggregate of the amounts determined by the Secretary pursuant to paragraph (1) to be so needed for any period exceeds an amount equal to such 1 percent limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such limitation. state administrative costs Sec. 104. The Secretary is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this Act, except that the total of such payments or any period shall not exceed 2 percent of the amount which that State educational agency receives for that period under this Act. withholding Sec. 105. Whenever the Secretary, after reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirements of any title of this Act, the Secretary shall notify that agency that further payments will not be made to the agency under such title, or in the discretion of the Secretary, that the State educational agency shall not make further payments under such title to specified local education agencies or other entities (in the case of funds under title IV) whose actions cause or are involved in such failure until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no further payments shall be made to the State educational agency under such title, or payments by the State educational agency under such title shall be limited to local educational agencies or other entities (in the case of funds under title IV) whose actions did not cause or were not involved in the failure, as the case may be. consultation with other agencies Sec. 106. To the extent that may be appropriate to facilitate the determination of the amount of any reductions under sections 201(b)(2), 301(b)(3), and 401(b)(2), the Secretary shall consult with the heads of other agencies providing assistance to eligible participants in order to secure information concerning the disbursement of funds for educational purposes under programs administered by them and provide, wherever feasible, for coordination among those programs and the programs under titles II through IV of this Act. Title II General Assistance for Local Educational Agencies state entitlements Sec. 201. (a) The Secretary shall, in accordance with the provisions of this title, make grants to State educational agencies for fiscal year 1981, and for each subsequent fiscal year, for the purposes of assisting local educational agencies of that State in providing basic education for eligible participants enrolled in elementary or secondary public schools. Payments made under this title to any State shall be used in accordance with applications approved under section 202 for public educational services for eligible participants enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of that State. (b) (1) As soon as possible after the date of the enactment of the Consolidated Refugee Education Assistance Act [ Aug. 13, 1981 (2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purposes as those for which funds are made available under this title, except that the reduction shall be made only to the extent that (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c). (3) For the purpose of this subsection, the term State does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 201(a) shall be considered to be payments under this title. (c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data. applications Sec. 202. (a) No State educational agency shall be entitled to any payment under this title for any period unless that agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall (1) provide that the payments under this title will be used for the purposes set forth in section 201(a); (2) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with the formula established by the Secretary under section 201, subject to any reductions in payments for those local educational agencies identified under paragraph (3) to which funds described by section 201(b)(2) are made available for the same purposes under other Federal laws; (3) specify the amount of funds described by section 201(b)(2) which are made available under other Federal laws for expenditure within the State for the same purposes as those for which funds are made available under this title and the local educational agencies to which such funds are made available; (4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting the application for such funds reasonable notice and opportunity for a hearing; and (5) provide for making such reports as the Secretary may reasonably require to carry out this title. (b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency. payments and authorizations Sec. 203. (a) The Secretary shall pay to each State educational agency having an application approved under section 202 the amount which that State is entitled to receive under this title. (b) For fiscal year 1981 and for each subsequent fiscal year, there is authorized to be appropriated, in the manner specified under section 102, to make payments under this title an amount equal to the product of (1) the total number of eligible participants enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies within all the States (other than the jurisdictions to which section 103 is applicable) during the fiscal year for which the determination is made, multiplied by (2) $400. Title III Special Impact Assistance for Substantial Increases in Attendance state entitlements Sec. 301. (a) The Secretary shall, in accordance with the provisions of this title, make payments to State educational agencies for fiscal year 1981, and for each subsequent fiscal year for the purpose set forth in section 302. (b) (1) Except as provided in paragraph (3) of this subsection and in subsections (c) and (d) of this section, the amount of the grant to which a State educational agency is entitled under this title for any fiscal year shall be equal to the sum of (A) the amount equal to the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the district served by each such local educational agency, who have been eligible participants less than one year, multiplied by (ii) $700; (B) the amount equal to the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the district served by each such local educational agency, who have been eligible participants at least one year but not more than two years, multiplied by (ii) $500; and (C) the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the district served by each such local educational agency, who have been eligible participants more than two years but not more than three years, multiplied by (ii) $300. (2) The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of eligible participants who are enrolled in elementary or secondary public schools under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this title, and are receiving supplementary educational services during such period, is equal to (A) at least 500; or (B) at least 5 percent of the total number of students enrolled in such public or nonpublic schools during such fiscal year; whichever number is less. Notwithstanding the provisions of this paragraph, the local educational agencies referred to in paragraph (1) shall include local educational agencies eligible to receive assistance by reason of the last sentence of section 3(b) and section 3(c)(2)(B) of the Act of September 30, 1950 20 U.S.C. 238(b) (3) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available under any other Federal law to agencies or other entities for educational, or education-related, services or activities within the State because of the significant concentration of eligible participants. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c). (4) For the purpose of this subsection, the term State does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 302 shall be considered to be payments under this title. (5) The amount of the grant to which a State educational agency is entitled as a result of the last sentence of paragraph (2) shall be limited to eligible participants who meet the requirements of section 101(4). (c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(3) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data. (d) Whenever the Secretary determines that any amount of a payment made to a State under this title for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this title, be regarded as part of such States payment (as determined under subsection (b)) for such year, but shall remain available until the end of the succeeding fiscal year. uses of funds Sec. 302. (a) Payments made under this title to any State may be used in accordance with applications approved under section 303 for supplementary educational services and costs, as described under subsection (b) of this section, for eligible participants enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of the State described in section 301(b)(2) and in elementary and secondary nonpublic schools of that State within the districts served by such agencies. (b) Financial assistance provided under this title shall be available to meet the costs of providing eligible participants supplementary educational services, including but not limited to (1) supplementary educational services necessary to enable those children to achieve a satisfactory level of performance, including (A) English language instruction; (B) other bilingual educational services; and (C) special materials and supplies; (2) additional basic instructional services which are directly attributable to the presence in the school district of eligible participants, including the costs of providing additional classroom supplies, overhead costs, costs of construction, acquisition or rental of space, costs of transportation, or such other costs as are directly attributable to such additional basis instructional services; and (3) special inservice training for personnel who will be providing instruction described in either paragraph (1) or (2) of this subsection. applications Sec. 303. (a) No State educational agency shall be entitled to any payment under this title for any period unless that agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall (1) provide that the educational programs, services and activities for which payments under this title are made will be administered by or under the supervision of the agency; (2) provide assurances that payments under this title will be used for purposes set forth in section 302; (3) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with section 301, subject to any reductions in payments for local educational agencies identified under paragraph (5) to take into account the funds described by section 301(b)(3) that are made available for educational, or education-related, services or activities for eligible participants enrolled in elementary or secondary public schools under the jurisdiction of such agencies or elementary or secondary nonpublic schools within the districts served by such agencies; (4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing; (5) specify (A) the amount of funds described by section 301(b)(3) that are made available under other Federal laws to agencies or other entities for educational, or education-related, services or activities within the State because of a significant concentration of eligible participants, and (B) the local educational agencies within whose districts are eligible participants provided services from such funds who are enrolled in elementary or secondary schools under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools served by such agencies; (6) provide for making such reports as the Secretary may reasonably require to perform his functions under this Act; and (7) provide assurances (A) that to the extent consistent with the number of eligible participants enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of these children secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children; (B) that the control of funds provided under this paragraph and the title to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property; and (C) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency or corporation who or which, in the provision of such services, is independent of such elementary or secondary nonpublic school and of any religious organization; and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds. (b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency. payments Sec. 304. (a) The Secretary shall pay to each State educational agency having an application approved under section 303 the amount which that State is entitled to receive under this title. (b) If a State is prohibited by law from providing public educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 303(a)(6), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the Secretary may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this Act. Title IV Adult Education Programs state entitlements Sec. 401. (a) The Secretary shall, in accordance with the provisions of this title, make payments to State educational agencies for fiscal year 1982, and for each subsequent fiscal year for the purposes of providing for the operation of adult education programs as described under section 402 for eligible participants aged 16 or older. Payments made under this title to any State shall be used in accordance with applications approved under section 403. (b) (1) Except as provided in subsection (c) of this section, the amount of the grant to which a State educational agency is entitled under this Act, for any fiscal year described in subsection (a), shall be equal to the product of (A) the number of eligible participants aged 16 or older who are enrolled, during the period for which the determination is made, in programs of instruction referred to in section 402 which are offered within that State, other than any such refugees who are enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies; multiplied by (B) $300. (2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purposes as those for which funds are made available under this title, except that the reduction shall be made only to the extent that (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c). (3) For the purpose of this subsection, the term State does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 402 shall be considered to be payments under this title. (c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data. use of funds Sec. 402. (a) Funds made available to State educational agencies under this title shall be used by such agencies to provide for programs of adult education and adult basic education to eligible participants aged 16 or older in need for such services who are not enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies. Such programs may be provided directly by the State educational agency, or such agency may make grants, or enter into contracts, with local educational agencies, and other public or private nonprofit agencies, organizations, or institutions to provide for such programs. Funds available under this title may be used for (1) programs of instruction of such adult refugees in basic reading and mathematics, in development and enhancement of necessary skills, and for the promotion of literacy among such refugees; (2) administrative costs of planning and operating such programs of instruction; (3) educational support services which meet the need for such adult refugees, including guidance and counseling with regard to educational, career, and employment opportunities; and (4) special projects designed to operate in conjunction with existing Federal and non-Federal programs and activities to develop occupational and related skills for individuals, particularly programs authorized under the Job Training Partnership Act [former 29 U.S.C. 1501 29 U.S.C. 2801 20 U.S.C. 2301 [(b) Repealed. Pub. L. 105220, title II,  251(b)(1) Aug. 7, 1998 112 Stat. 1079 (c) The State educational agency shall provide for the use of funds made available under this title in such manner that the maximum number of eligible participants aged 16 or older residing within the State receive education under the programs of instruction described under subsection (a). applications Sec. 403. (a) No State educational agency shall be entitled to any payment under this title for any period unless that agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall (1) provide that payments made under this title will be used only for the purposes, and in the manner, set forth in section 402; (2) specify the amount of reduction required under section 401(b)(2); (3) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the entity submitting an application for such funds reasonable notice and opportunity for a hearing; and (4) provide for making periodic reports to the Secretary evaluating the effectiveness of the payments made under this title, and such other reports as the Secretary may reasonably require to perform his functions under this Act. (b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency. Title V Other Provisions Relating to Cuban and Haitian Entrants authorities for other programs and activities Sec. 501. (a) (1) The President shall exercise authorities with respect to Cuban and Haitian entrants which are identical to the authorities which are exercised under chapter 2 of title IV of the Immigration and Nationality Act [ 8 U.S.C. 1521 8 U.S.C. 1524 (2) Any reference in chapter III of title I of the Supplemental Appropriations and Rescission Act, 1980 [ Pub. L. 96304 July 8, 1980 94 Stat. 857 (b) In addition, the President may, by regulation, provide that benefits granted under any law of the United States (other than the Immigration and Nationality Act [ 8 U.S.C. 1101 8 U.S.C. 1157(c) (c) (1) (A) Any Federal agency may, under the direction of the President, provide assistance (in the form of materials, supplies, equipment, work, services, facilities, or otherwise) for the processing, care, maintenance, security, transportation, and initial reception and placement in the United States of Cuban and Haitian entrants. Such assistance shall be provided on such terms and conditions as the President may determine. (B) Funds available to carry out this subsection shall be used to reimburse State and local governments for expenses which they incur for the purposes described in subparagraph (A). Such funds may be used to reimburse Federal agencies for assistance which they provide under subparagraph (A). (2) The President may direct the head of any Federal agency to detail personnel of that agency, on either a reimbursable or nonreimbursable basis, for temporary duty with any Federal agency directed to provide supervision and management for purposes of this subsection. (3) The furnishing of assistance or other exercise of functions under this subsection shall not be considered a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 (4) Funds to carry out this subsection may be available until expended. (5) [Repealed. Pub. L. 96424 Oct. 10, 1980 94 Stat. 1820 (d) The authorities provided in this section are applicable to assistance and services provided with respect to Cuban or Haitian entrants at any time after their arrival in the United States, including periods prior to the enactment of this section. (e) As used in this section, the term Cuban and Haitian entrant means (1) any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; and (2) any other national of Cuba or Haiti (A) who (i) was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act [ 8 U.S.C. 1101 (ii) is the subject of removal proceedings under the Immigration and Nationality Act; or (iii) has an application for asylum pending with the Immigration and Naturalization Service; and (B) with respect to whom a final, nonappealable, and legally enforceable order of removal has not been entered. [ Pub. L. 105277, div. A,  101(f) [title VIII,  405(f)(5), (g)(2)(B)] Oct. 21, 1998 112 Stat. 2681337 July 1, 2000 section 402(a)(4) of Pub. L. 96422 [ Pub. L. 96424 Oct. 10, 1980 94 Stat. 1820 section 501(c)(5) of Pub. L. 96422 Oct. 11, 1980 [ Pub. L. 9735, title V Aug. 13, 1981 95 Stat. 463 This subtitle [repealing sections 239a and 1211b of Title 20, Education, amending the Refugee Assistance Act of 1980, set out above, and repealing provisions set out as a note under section 1211b of Title 20 October 1, 1981 [For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48 Consolidated Refugee Education Assistance Act Pub. L. 9735, title V,  541 Aug. 13, 1981 95 Stat. 458 This subtitle [subtitle C ( 541546), repealing sections 239a and 1211b of Title 20, Education, amending the Refugee Education Assistance Act of 1980, set out above, and repealing provisions set out as a note under section 1211b of Title 20 Executive Documents  Executive Order No. 12246 Ex. Ord. No. 12246, Oct. 10, 1980 section 501(c) of Pub. L. 96422 Nov. 15, 1980  Executive Order No. 12251 Ex. Ord. No. 12251, Nov. 15, 1980 Jan. 21, 1982  Ex. Ord. No. 12341. Delegation of Functions Concerning Educational Assistance to Cuban and Haitian Entrants Ex. Ord. No. 12341, Jan. 21, 1982 Feb. 28, 2003 By the authority vested in me as President of the United States of America by Section 501 of the Refugee Education Assistance Act of 1980 ( 8 U.S.C. 1522 Section 301 of Title 3 Section 8 U.S.C. 1522 Sec Sec Sec November 15, 1980  Presidential Determination Authorizing Transportation for Certain Unaccompanied Minors, Elderly, and Ill Individuals Determination of President of the United States, No. 9510, Dec. 15, 1994 Memorandum for the Secretary of Defense [and] the Attorney General It is hereby determined that the Secretary of Defense shall assist the Attorney General under section 501(c) of the Refugee Education Assistance Act of 1980 ( Public Law 96422 The Secretary of Defense is authorized and directed to publish this determination in the Federal Register.  William J. Clinton.  Executive Order No. 13888 Ex. Ord. No. 13888, Sept. 26, 2019 Feb. 4, 2021 section 1157 of this title  1523. Congressional reports (a) The Secretary shall submit a report on activities under this subchapter to the Committees on the Judiciary of the House of Representatives and of the Senate not later than the January 31 following the end of each fiscal year, beginning with fiscal year 1980. (b) Each such report shall contain (1) an updated profile of the employment and labor force statistics for refugees who have entered the United States within the five-fiscal-year period immediately preceding the fiscal year within which the report is to be made and for refugees who entered earlier and who have shown themselves to be significantly and disproportionately dependent on welfare, as well as a description of the extent to which refugees received the forms of assistance or services under this subchapter during that period; (2) a description of the geographic location of refugees; (3) a summary of the results of the monitoring and evaluation conducted under section 1522(a)(7) of this title (4) a description of (A) the activities, expenditures, and policies of the Office under this subchapter and of the activities of States, voluntary agencies, and sponsors, and (B) the Directors plans for improvement of refugee resettlement; (5) evaluations of the extent to which (A) the services provided under this subchapter are assisting refugees in achieving economic self-sufficiency, achieving ability in English, and achieving employment commensurate with their skills and abilities, and (B) any fraud, abuse, or mismanagement has been reported in the provisions of services or assistance; (6) a description of any assistance provided by the Director pursuant to section 1522(e)(5) of this title (7) a summary of the location and status of unaccompanied refugee children admitted to the United States; and (8) a summary of the information compiled and evaluation made under section 1522(a)(8) of this title ( June 27, 1952, ch. 477 Pub. L. 96212, title III,  311(a)(2) Mar. 17, 1980 94 Stat. 115 Pub. L. 97363 Oct. 25, 1982 96 Stat. 1734 Pub. L. 99605,  11 Nov. 6, 1986 100 Stat. 3455 Pub. L. 100525,  9(jj) Oct. 24, 1988 102 Stat. 2622 Pub. L. 103236, title I,  162(n)(3) Apr. 30, 1994 108 Stat. 409  Editorial Notes Amendments 1994Subsec. (a). Pub. L. 103236 1988 Pub. L. 100525 Mar. 17, 1980 1986Subsec. (a)(2)(A). Pub. L. 99605 1982Subsec. (c). Pub. L. 97363,  3(b) Subsec. (d). Pub. L. 97363,  7 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103236 Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 Effective Date of 1982 Amendment Amendment by Pub. L. 97363 Oct. 1, 1982 section 8 of Pub. L. 97363 section 1522 of this title  1524. Authorization of appropriations (a) There are authorized to be appropriated for each of fiscal years 2000 through 2002 such sums as may be necessary to carry out this subchapter. (b) The authority to enter into contracts under this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. ( June 27, 1952, ch. 477 Pub. L. 96212, title III,  311(a)(2) Mar. 17, 1980 94 Stat. 116 Pub. L. 97363,  2 Oct. 25, 1982 96 Stat. 1734 Pub. L. 99605,  2 Nov. 6, 1986 100 Stat. 3449 Pub. L. 100525,  6(a) Oct. 24, 1988 102 Stat. 2616 Pub. L. 102110,  5 Oct. 1, 1991 105 Stat. 558 Pub. L. 10337,  1 June 8, 1993 107 Stat. 107 Pub. L. 103416, title II,  208 Oct. 25, 1994 108 Stat. 4312 Pub. L. 10578, title VI,  604(a) Nov. 13, 1997 111 Stat. 1521 Pub. L. 105136,  1(a) Dec. 2, 1997 111 Stat. 2639 Pub. L. 106104,  3 Nov. 13, 1999 113 Stat. 1483  Editorial Notes Amendments 1999Subsec. (a). Pub. L. 106104 1997Subsec. (a). Pub. L. 10578 Pub. L. 105136 1994Subsec. (a). Pub. L. 103416 1993Subsec. (a). Pub. L. 10337 1991Subsec. (a). Pub. L. 102110 1988Subsec. (a)(1). Pub. L. 100525 1986Subsec. (a)(1). Pub. L. 99605,  2(a) Subsec. (a)(2). Pub. L. 99605,  2(b)(2) Subsec. (a)(3). Pub. L. 99605,  2(b)(2) Subsec. (a)(4). Pub. L. 99605,  2(b)(3) 1982Subsec. (a). Pub. L. 97363,  2 section 1522(c) of this title section 1522(b)(5) of this title section 1522 of this title Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendments Pub. L. 10578, title VI,  604(b) Nov. 13, 1997 111 Stat. 1521 Pub. L. 105136,  1(b) Dec. 2, 1997 111 Stat. 2639 The amendment made by subsection (a) [amending this section] shall take effect October 1, 1997 Effective Date of 1988 Amendment Amendment by Pub. L. 100525 Pub. L. 99605 section 6(c) of Pub. L. 100525 section 1522 of this title  1525. Repealed. Pub. L. 103236, title I,  162(m)(3) Apr. 30, 1994 108 Stat. 409   Section, Pub. L. 96212, title III,  301 Mar. 17, 1980 94 Stat. 109 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103236 Apr. 30, 1994 section 161(b) of Pub. L. 103236 section 2651a of Title 22 SUBCHAPTER V ALIEN TERRORIST REMOVAL PROCEDURES  1531. Definitions As used in this subchapter (1) the term alien terrorist means any alien described in section 1227(a)(4)(B) of this title (2) the term classified information has the same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); (3) the term national security has the same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.); (4) the term removal court means the court described in section 1532 of this title (5) the term removal hearing means the hearing described in section 1534 of this title (6) the term removal proceeding means a proceeding under this subchapter; and (7) the term special attorney means an attorney who is on the panel established under section 1532(e) of this title ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1258 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009622  Editorial Notes  References in Text Section 1 of the Classified Information Procedures Act, referred to in pars. (2) and (3), is section 1 of Pub. L. 96456 Oct. 15, 1980 94 Stat. 2025 Amendments 1996Par. (1). Pub. L. 104208,  308(g)(1) Par. (7). Pub. L. 104208,  354(a)(5) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(g)(1) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 354(a)(5) of Pub. L. 104208 Pub. L. 104132 section 358 of Pub. L. 104208 section 1182 of this title Effective Date Subchapter effective Apr. 24, 1996 section 401(f) of Pub. L. 104132 section 1326 of this title  1532. Establishment of removal court (a) Designation of judges The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justices discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) (b) Terms Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated (1) 1 member shall serve for a term of 1 year; (2) 1 member shall serve for a term of 2 years; (3) 1 member shall serve for a term of 3 years; and (4) 1 member shall serve for a term of 4 years. (c) Chief judge (1) Designation The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court. (2) Responsibilities The chief judge shall (A) promulgate rules to facilitate the functioning of the removal court; and (B) assign the consideration of cases to the various judges on the removal court. (d) Expeditious and confidential nature of proceedings The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(c) 50 U.S.C. 1801 (e) Establishment of panel of special attorneys The removal court shall provide for the designation of a panel of attorneys each of whom (1) has a security clearance which affords the attorney access to classified information, and (2) has agreed to represent permanent resident aliens with respect to classified information under section 1534(e)(3) of this title ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1259 Pub. L. 104208, div. C, title III,  354(a)(4) Sept. 30, 1996 110 Stat. 3009643  Editorial Notes  References in Text The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (d), is Pub. L. 95511 Oct. 25, 1978 92 Stat. 1783 section 1801 of Title 50 Amendments 1996Subsec. (e). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Pub. L. 104132 section 358 of Pub. L. 104208 section 1182 of this title  1533. Removal court procedure (a) Application (1) In general In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under this subchapter by filing an application with the removal court that contains (A) the identity of the attorney in the Department of Justice making the application; (B) a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section; (C) the identity of the alien for whom authorization for the removal proceeding is sought; and (D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that (i) the alien is an alien terrorist; (ii) the alien is physically present in the United States; and (iii) with respect to such alien, removal under subchapter II would pose a risk to the national security of the United States. (2) Filing An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court. (b) Right to dismiss The Attorney General may dismiss a removal action under this subchapter at any stage of the proceeding. (c) Consideration of application (1) Basis for decision In determining whether to grant an application under this section, a single judge of the removal court may consider, ex parte and in camera, in addition to the information contained in the application (A) other information, including classified information, presented under oath or affirmation; and (B) testimony received in any hearing on the application, of which a verbatim record shall be kept. (2) Approval of order The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that (A) the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and (B) removal under subchapter II would pose a risk to the national security of the United States. (3) Denial of order If the judge denies the order requested in the application, the judge shall prepare a written statement of the reasons for the denial, taking all necessary precautions not to disclose any classified information contained in the Governments application. (d) Exclusive provisions If an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed solely by this subchapter, and except as they are specifically referenced in this subchapter, no other provisions of this chapter shall be applicable. ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1259  Editorial Notes  References in Text This chapter, referred to in subsec. (d), was in the original, this Act, meaning act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1534. Removal hearing (a) In general (1) Expeditious hearing In any case in which an application for an order is approved under section 1533(c)(2) of this title (2) Public hearing The removal hearing shall be open to the public. (b) Notice An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of (1) the nature of the charges against the alien, including a general account of the basis for the charges; and (2) the time and place at which the hearing will be held. (c) Rights in hearing (1) Right of counsel The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in section 3006A of title 18 (2) Introduction of evidence Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to introduce evidence on the aliens own behalf. (3) Examination of witnesses Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to examine the evidence against the alien and to cross-examine any witness. (4) Record A verbatim record of the proceedings and of all testimony and evidence offered or produced at such a hearing shall be kept. (5) Removal decision based on evidence at hearing The decision of the judge regarding removal shall be based only on that evidence introduced at the removal hearing. (d) Subpoenas (1) Request At any time prior to the conclusion of the removal hearing, either the alien or the Department of Justice may request the judge to issue a subpoena for the presence of a named witness (which subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material matter. Such a request may be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien for a witness or material if compliance with such a subpoena would reveal classified evidence or the source of that evidence. The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena. (2) Payment for attendance If an application for a subpoena by the alien also makes a showing that the alien is financially unable to pay for the attendance of a witness so requested, the court may order the costs incurred by the process and the fees of the witness so subpoenaed to be paid from funds appropriated for the enforcement of subchapter II. (3) Nationwide service A subpoena under this subsection may be served anywhere in the United States. (4) Witness fees A witness subpoenaed under this subsection shall receive the same fees and expenses as a witness subpoenaed in connection with a civil proceeding in a court of the United States. (5) No access to classified information Nothing in this subsection is intended to allow an alien to have access to classified information. (e) Discovery (1) In general For purposes of this subchapter (A) the Government is authorized to use in a removal proceedings 1 1 50 U.S.C. 1801 50 U.S.C. 1806(c) (B) an alien subject to removal under this subchapter shall not be entitled to suppress evidence that the alien alleges was unlawfully obtained; and (C)  section 3504 of title 18 section 1806(c) of title 50 (2) Protective orders Nothing in this subchapter shall prevent the United States from seeking protective orders and from asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privileges. (3) Treatment of classified information (A) Use The judge shall examine, ex parte and in camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security of any individual because it would disclose classified information and neither the alien nor the public shall be informed of such evidence or its sources other than through reference to the summary provided pursuant to this paragraph. Notwithstanding the previous sentence, the Department of Justice may, in its discretion and, in the case of classified information, after coordination with the originating agency, elect to introduce such evidence in open session. (B) Submission With respect to such information, the Government shall submit to the removal court an unclassified summary of the specific evidence that does not pose that risk. (C) Approval Not later than 15 days after submission, the judge shall approve the summary if the judge finds that it is sufficient to enable the alien to prepare a defense. The Government shall deliver to the alien a copy of the unclassified summary approved under this subparagraph. (D) Disapproval (i) In general If an unclassified summary is not approved by the removal court under subparagraph (C), the Government shall be afforded 15 days to correct the deficiencies identified by the court and submit a revised unclassified summary. (ii) Revised summary If the revised unclassified summary is not approved by the court within 15 days of its submission pursuant to subparagraph (C), the removal hearing shall be terminated unless the judge makes the findings under clause (iii). (iii) Findings The findings described in this clause are, with respect to an alien, that (I) the continued presence of the alien in the United States would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person, and (II) the provision of the summary would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person. (E) Continuation of hearing without summary If a judge makes the findings described in subparagraph (D)(iii) (i) if the alien involved is an alien lawfully admitted for permanent residence, the procedures described in subparagraph (F) shall apply; and (ii) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien a statement that no summary is possible, and the classified information submitted in camera and ex parte may be used pursuant to this paragraph. (F) Special procedures for access and challenges to classified information by special attorneys in case of lawful permanent aliens (i) In general The procedures described in this subparagraph are that the judge (under rules of the removal court) shall designate a special attorney to assist the alien (I) by reviewing in camera the classified information on behalf of the alien, and (II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information. (ii) Restrictions on disclosure A special attorney receiving classified information under clause (i) (I) shall not disclose the information to the alien or to any other attorney representing the alien, and (II) who discloses such information in violation of subclause (I) shall be subject to a fine under title 18, imprisoned for not less than 10 years nor more than 25 years, or both. (f) Arguments Following the receipt of evidence, the Government and the alien shall be given fair opportunity to present argument as to whether the evidence is sufficient to justify the removal of the alien. The Government shall open the argument. The alien shall be permitted to reply. The Government shall then be permitted to reply in rebuttal. The judge may allow any part of the argument that refers to evidence received in camera and ex parte to be heard in camera and ex parte. (g) Burden of proof In the hearing, it is the Governments burden to prove, by the preponderance of the evidence, that the alien is subject to removal because the alien is an alien terrorist. (h) Rules of evidence The Federal Rules of Evidence shall not apply in a removal hearing. (i) Determination of deportation If the judge, after considering the evidence on the record as a whole, finds that the Government has met its burden, the judge shall order the alien removed and detained pending removal from the United States. If the alien was released pending the removal hearing, the judge shall order the Attorney General to take the alien into custody. (j) Written order At the time of issuing a decision as to whether the alien shall be removed, the judge shall prepare a written order containing a statement of facts found and conclusions of law. Any portion of the order that would reveal the substance or source of information received in camera and ex parte pursuant to subsection (e) shall not be made available to the alien or the public. (k) No right to ancillary relief At no time shall the judge consider or provide for relief from removal based on (1) asylum under section 1158 of this title (2) by 2 2 section 1231(b)(3) of this title (3) cancellation of removal under section 1229b of this title (4) voluntary departure under section 1254a(e) 3 3 (5) adjustment of status under section 1255 of this title (6) registry under section 1259 of this title (l) Report on terrorist removal proceedings Not later than 3 months from December 28, 2001 Public Law 10756 ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1260 Pub. L. 104208, div. C, title III Sept. 30, 1996 110 Stat. 3009623 Pub. L. 107108, title III,  313 Dec. 28, 2001 115 Stat. 1401  Editorial Notes  References in Text The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e)(1)(A), is Pub. L. 95511 Oct. 25, 1978 92 Stat. 1783 section 1801 of Title 50 The Federal Rules of Evidence, referred to in subsec. (h), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Section 1254a(e) of this title June 27, 1952 section 1254(e) of this title Pub. L. 104208, div. C, title III,  308(b)(7) Sept. 30, 1996 110 Stat. 3009615 section 1254a of this title section 1229c of this title The USA PATRIOT Act of 2001, referred to in subsec. ( l Pub. L. 10756 Oct. 26, 2001 115 Stat. 272 section 1 of Title 18 Amendments 2001Subsec. ( l Pub. L. 107108 l 1996Subsec. (e)(1)(A). Pub. L. 104208,  354(b)(1)(A)(ii) 50 U.S.C. 1801 Pub. L. 104208,  354(b)(1)(A)(i) 50 U.S.C. 1801 Subsec. (e)(3)(A). Pub. L. 104208,  354(b)(1)(B) Subsec. (e)(3)(D)(ii). Pub. L. 104208,  354(a)(1)(A) Subsec. (e)(3)(D)(iii). Pub. L. 104208,  354(a)(1)(B) Subsec. (e)(3)(E), (F). Pub. L. 104208,  354(a)(2) Subsec. (f). Pub. L. 104208,  354(b)(2) Subsec. (j). Pub. L. 104208,  354(b)(3) Subsec. (k)(2). Pub. L. 104208,  308(g)(7)(B) section 1231(b)(3) of this title section 1253(h) of this title Subsec. (k)(3). Pub. L. 104208,  308(g)(8)(B) section 1229b of this title section 1254 of this title Subsec. (k)(4) to (6). Pub. L. 104208,  357 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by section 308(g)(7)(B), (8)(B) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by sections 354(a)(1), (2), (b), and 357 of Pub. L. 104208 Pub. L. 104132 section 358 of Pub. L. 104208 section 1182 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1535. Appeals (a) Appeal of denial of application for removal proceedings (1) In general The Attorney General may seek a review of the denial of an order sought in an application filed pursuant to section 1533 of this title (2) Record on appeal The entire record of the proceeding shall be transmitted to the Court of Appeals under seal, and the Court of Appeals shall hear the matter ex parte. (3) Standard of review The Court of Appeals shall (A) review questions of law de novo; and (B) set aside a finding of fact only if such finding was clearly erroneous. (b) Appeal of determination regarding summary of classified information (1) In general The United States may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of (A) any determination by the judge pursuant to section 1534(e)(3) of this title (B) the refusal of the court to make the findings permitted by section 1534(e)(3) of this title (2) Record In any interlocutory appeal taken pursuant to this subsection, the entire record, including any proposed order of the judge, any classified information and the summary of evidence, shall be transmitted to the Court of Appeals. The classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the event of any other judicial review. (c) Appeal of decision in hearing (1) In general Subject to paragraph (2), the decision of the judge after a removal hearing may be appealed by either the alien or the Attorney General to the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date on which the order is issued. The order shall not be enforced during the pendency of an appeal under this subsection. (2) Automatic appeals in cases of permanent resident aliens in which no summary provided (A) In general Unless the alien waives the right to a review under this paragraph, in any case involving an alien lawfully admitted for permanent residence who is denied a written summary of classified information under section 1534(e)(3) of this title section 1534(e)(3)(F) of this title (B) Use of special attorney With respect to any issue relating to classified information that arises in such review, the alien shall be represented only by the special attorney designated under section 1534(e)(3)(F)(i) of this title (3) Transmittal of record In an appeal or review to the Court of Appeals pursuant to this subsection (A) the entire record shall be transmitted to the Court of Appeals; and (B) information received in camera and ex parte, and any portion of the order that would reveal the substance or source of such information, shall be transmitted under seal. (4) Expedited appellate proceeding In an appeal or review to the Court of Appeals under this subsection (A) the appeal or review shall be heard as expeditiously as practicable and the court may dispense with full briefing and hear the matter solely on the record of the judge of the removal court and on such briefs or motions as the court may require to be filed by the parties; (B) the Court of Appeals shall issue an opinion not later than 60 days after the date of the issuance of the final order of the district court; (C) the court shall review all questions of law de novo; and (D) a finding of fact shall be accorded deference by the reviewing court and shall not be set aside unless such finding was clearly erroneous, except that in the case of a review under paragraph (2) in which an alien lawfully admitted for permanent residence was denied a written summary of classified information under section 1534(c)(3) 1 1 (d) Certiorari Following a decision by the Court of Appeals pursuant to subsection (c), the alien or the Attorney General may petition the Supreme Court for a writ of certiorari. In any such case, any information transmitted to the Court of Appeals under seal shall, if such information is also submitted to the Supreme Court, be transmitted under seal. Any order of removal shall not be stayed pending disposition of a writ of certiorari, except as provided by the Court of Appeals or a Justice of the Supreme Court. (e) Appeal of detention order (1) In general Sections 3145 through 3148 of title 18 pertaining to review and appeal of a release or detention order, penalties for failure to appear, penalties for an offense committed while on release, and sanctions for violation of a release condition shall apply to an alien to whom section 1537(b)(1) of this title (A) for purposes of section 3145 of such title an appeal shall be taken to the United States Court of Appeals for the District of Columbia Circuit; and (B) for purposes of section 3146 of such title the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment. (2) No review of continued detention The determinations and actions of the Attorney General pursuant to section 1537(b)(2)(C) of this title ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1263 Pub. L. 104208, div. C, title III,  354(a)(3) Sept. 30, 1996 110 Stat. 3009642  Editorial Notes Amendments 1996Subsec. (c)(1). Pub. L. 104208,  354(a)(3)(A) Subsec. (c)(2). Pub. L. 104208,  354(a)(3)(D) Subsec. (c)(3). Pub. L. 104208,  354(a)(3)(C) Subsec. (c)(3)(D). Pub. L. 104208,  354(a)(3)(B) section 1534(c)(3) of this title Subsec. (c)(4). Pub. L. 104208,  354(a)(3)(C) Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Pub. L. 104132 section 358 of Pub. L. 104208 section 1182 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title  1536. Custody and release pending removal hearing (a) Upon filing application (1) In general Subject to paragraphs (2) and (3), the Attorney General may (A) take into custody any alien with respect to whom an application under section 1533 of this title (B) retain such an alien in custody in accordance with the procedures authorized by this subchapter. (2) Special rules for permanent resident aliens (A) Release hearing An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien (i) is a person lawfully admitted for permanent residence in the United States; (ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and (iii) will not endanger national security, or the safety of any person or the community, if released. (B) Information considered The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing. (3) Release if order denied and no review sought (A) In general Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title (B) Application of regular procedures Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to subchapter II. (b) Conditional release if order denied and review sought (1) In general If a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title section 3142(c)(1)(B) of title 18 (A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this subchapter; and (B) will not endanger the safety of any other person or the community. (2) No release for certain aliens If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this subchapter. ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1265  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1537. Custody and release after removal hearing (a) Release (1) In general Subject to paragraph (2), if the judge decides that an alien should not be removed, the alien shall be released from custody. (2) Custody pending appeal If the Attorney General takes an appeal from such decision, the alien shall remain in custody, subject to the provisions of section 3142 of title 18 (b) Custody and removal (1) Custody If the judge decides that an alien shall be removed, the alien shall be detained pending the outcome of any appeal. After the conclusion of any judicial review thereof which affirms the removal order, the Attorney General shall retain the alien in custody and remove the alien to a country specified under paragraph (2). (2) Removal (A) In general The removal of an alien shall be to any country which the alien shall designate if such designation does not, in the judgment of the Attorney General, in consultation with the Secretary of State, impair the obligation of the United States under any treaty (including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the United States. (B) Alternate countries If the alien refuses to designate a country to which the alien wishes to be removed or if the Attorney General, in consultation with the Secretary of State, determines that removal of the alien to the country so designated would impair a treaty obligation or adversely affect United States foreign policy, the Attorney General shall cause the alien to be removed to any country willing to receive such alien. (C) Continued detention If no country is willing to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien in custody. The Attorney General, in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an alien and at least every 6 months shall provide to the attorney representing the alien at the removal hearing a written report on the Attorney Generals efforts. Any alien in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the Attorney General and subject to such conditions as the Attorney General shall deem appropriate. (D) Fingerprinting Before an alien is removed from the United States pursuant to this subsection, or pursuant to an order of removal because such alien is inadmissible under section 1182(a)(3)(B) of this title section 1326(b) of this title (c) Continued detention pending trial (1) Delay in removal The Attorney General may hold in abeyance the removal of an alien who has been ordered removed, pursuant to this subchapter, to allow the trial of such alien on any Federal or State criminal charge and the service of any sentence of confinement resulting from such a trial. (2) Maintenance of custody Pending the commencement of any service of a sentence of confinement by an alien described in paragraph (1), such an alien shall remain in the custody of the Attorney General, unless the Attorney General determines that temporary release of the alien to the custody of State authorities for confinement in a State facility is appropriate and would not endanger national security or public safety. (3) Subsequent removal Following the completion of a sentence of confinement by an alien described in paragraph (1), or following the completion of State criminal proceedings which do not result in a sentence of confinement of an alien released to the custody of State authorities pursuant to paragraph (2), such an alien shall be returned to the custody of the Attorney General who shall proceed to the removal of the alien under this subchapter. (d) Application of certain provisions relating to escape of prisoners For purposes of sections 751 and 752 of title 18, an alien in the custody of the Attorney General pursuant to this subchapter shall be subject to the penalties provided by those sections in relation to a person committed to the custody of the Attorney General by virtue of an arrest on a charge of a felony. (e) Rights of aliens in custody (1) Family and attorney visits An alien in the custody of the Attorney General pursuant to this subchapter shall be given reasonable opportunity, as determined by the Attorney General, to communicate with and receive visits from members of the aliens family, and to contact, retain, and communicate with an attorney. (2) Diplomatic contact An alien in the custody of the Attorney General pursuant to this subchapter shall have the right to contact an appropriate diplomatic or consular official of the aliens country of citizenship or nationality or of any country providing representation services therefore. The Attorney General shall notify the appropriate embassy, mission, or consular office of the aliens detention. ( June 27, 1952, ch. 477 Pub. L. 104132, title IV,  401(a) Apr. 24, 1996 110 Stat. 1266 Pub. L. 104208, div. C, title III,  308(d)(4)(Q) Sept. 30, 1996 110 Stat. 3009619  Editorial Notes Amendments 1996Subsec. (b)(2)(D). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References to Order of Removal Deemed To Include Order of Exclusion and Deportation For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208 section 1101 of this title CHAPTER 13 IMMIGRATION AND NATURALIZATION SERVICE    SUBCHAPTER IORGANIZATION  Sec.  1551. Immigration and Naturalization Service.  1552. Commissioner of Immigration and Naturalization; office.  1553. Assistant Commissioners and one District Director; compensation and salary grade.  1554. Special immigrant inspectors at Washington.  1555. Immigration Service expenses.  1556. Transferred.  1557. Prevention of transportation in foreign commerce of alien women and girls under international agreement; Commissioner designated as authority to receive and preserve information.  SUBCHAPTER IIIMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS  1571. Purposes.  1572. Definitions.  1573. Immigration Services and Infrastructure Improvements Account.  1574. Reports to Congress. SUBCHAPTER I ORGANIZATION  1551. Immigration and Naturalization Service  There is created and established in the Department of Justice an Immigration and Naturalization Service. ( Feb. 14, 1903, ch. 552,  4 32 Stat. 826 June 29, 1906, ch. 3592,  1 34 Stat. 596 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 June 10, 1933 June 14, 1940 54 Stat. 1238  Editorial Notes Codification Section was formerly classified to section 342 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Statutory Notes and Related Subsidiaries Short Title of 2000 Amendment Pub. L. 106313, title II,  201 Oct. 17, 2000 114 Stat. 1262 This title [enacting subchapter II of this chapter] may be cited as the Immigration Services and Infrastructure Improvements Act of 2000.  Abolition of Immigration and Naturalization Service and Transfer of Functions The Immigration and Naturalization Service was abolished by section 291(a) of Title 6 Functions of the Commissioner of Immigration and Naturalization performed under the Border Patrol program, the detention and removal program, the intelligence program, the investigations program, and the inspections program, and all personnel, assets, and liabilities pertaining to such programs, were transferred to the Under Secretary for Border and Transportation Security of the Department of Homeland Security by section 251 of Title 6 November 25, 2002 section 542 of Title 6 Functions of the Commissioner of Immigration and Naturalization relating to adjudications of immigrant visa petitions, adjudications of naturalization petitions, adjudications of asylum and refugee applications, adjudications performed at service centers, and all other adjudications performed by the Immigration and Naturalization Service, and all personnel, infrastructure, and funding provided to the Commissioner in support of such functions, were transferred to the Director of the Bureau of Citizenship and Immigration Services of the Department of Homeland Security by section 271(b) of Title 6 November 25, 2002 Functions performed by the Statistics Branch of the Office of Policy and Planning of the Immigration and Naturalization Service with respect to the functions of the Commissioner referred to in the two preceding paragraphs were transferred to the Under Secretary for Management of the Department of Homeland Security by former section 341(b)(2) of Title 6 November 25, 2002 Functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) were transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services by section 279(a) of Title 6 November 25, 2002 Personnel of the Department of Justice employed in connection with the functions transferred by part E ( 271 et seq.) of subchapter IV of chapter 1 of Title 6 (and functions that the Secretary of Homeland Security determines are properly related to the functions of the Bureau of Citizenship and Immigration Services), were transferred to the Director of the Bureau of Citizenship and Immigration Services by section 275(b)(2) of Title 6 November 25, 2002 section 279 of Title 6 section 279(f)(3) of Title 6 November 25, 2002 For treatment of references to any agency, officer, or office, etc. the functions of which were transferred to the Department of Homeland Security, see sections 552(d) and 557 of Title 6. Independent Comprehensive Management Analysis of Service Operations; Arrangements Respecting, Etc. Pub. L. 96132,  10 Nov. 30, 1979 93 Stat. 1047 The Attorney General shall make arrangements with an appropriate entity for an independent comprehensive management analysis of the operations of the Immigration and Naturalization Service for the purpose of making such operations efficient and cost effective. After the completion of such analysis, the Attorney General shall promptly submit a report to the appropriate committees of Congress on the results of such analysis together with any administrative or legislative recommendations of the Attorney General to improve the operations of the Service. Office of Special Investigator; Functions, Establishment, Powers, Etc. Pub. L. 96132,  22 Nov. 30, 1979 93 Stat. 1050 Pub. L. 117286,  4(b)(25) Dec. 27, 2022 136 Stat. 4346  (a) In order to create an independent and objective unit (1) to conduct and supervise audits and investigations relating to programs and operations of the Immigration and Naturalization Service, (2) to provide leadership and coordination and recommend policies for activities designed (A) to promote economy, efficiency, and effectiveness in the administration of, and (B) to prevent and detect fraud and abuse in, such programs and operations, and (3) to provide a means for keeping the Commissioner of the Immigration and Naturalization Service and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action, there is hereby established in the Immigration and Naturalization Service of the Department of Justice an Office of Special Investigator (hereinafter in this section referred to as the Office). (b) (1) There shall be at the head of the Office a Special Investigator (hereinafter in this section referred to as the Special Investigator) who shall be appointed by the Attorney General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Special Investigator shall report to and be under the general supervision of the Commissioner, who shall not prevent or prohibit the Special Investigator from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. (2) The Special Investigator may be removed from office by the Attorney General. The Attorney General shall communicate the reasons for any such removal to both Houses of Congress. (3) For the purposes of section 7324 of title 5 (4) The Special Investigator shall, in accordance with applicable laws and regulations governing the civil service (A) appoint an Assistant Special Investigator for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the Service, and (B) appoint an Assistant Special Investigator for Investigations who shall have the responsibility for the performance of investigative activities relating to such programs and operations. (c) The following provisions of chapter 4 of title 5, United States Code, shall apply to the Special Investigator, the Office, the Commissioner, and the Service under this section in the same manner as those provisions apply to an Inspector General, an Office, the head of the establishment, and an establishment under such chapter: (1) Section 404 (relating to duties and responsibilities of an Inspector General and the manner in which they are carried out). (2) Section 405 (relating to reports required to be prepared and furnished by or to an Inspector General and their transmittal and availability). (3) Section 406 (relating to the authority of an Inspector General and related administrative provisions). (4) Section 407 (relating to the treatment of employee complaints by an Inspector General). (d) The Attorney General is authorized to appoint such staff as may be necessary to carry out this section. (e) For purposes of this section (1) the term Service means the Immigration and Naturalization Service; (2) the term Department means the Department of Justice; and (3) the term Commissioner means the Commissioner of Immigration and Naturalization. (f) The Special Investigator shall be compensated at the rate then payable under section 5316 of title 5 (g) The provisions of this section shall take effect on the date of the enactment of this Act [ Nov. 30, 1979 (1) 3 years after the date of the enactment of this Act; and (2) the establishment of an office of inspector general for the Department of Justice. (h) In addition to any other sums authorized to be appropriated by this Act, there are authorized to be appropriated $376,000 for the fiscal year ending September 30, 1980 History of Immigration and Naturalization Agencies By acts Aug. 3, 1882, ch. 376 22 Stat. 214 Feb. 23, 1887, ch. 220 24 Stat. 415 act Mar. 3, 1891, ch. 551,  7 26 Stat. 1087 act Mar. 2, 1895, ch. 177,  1 28 Stat. 780 act Feb. 14, 1903, ch. 552,  4 32 Stat. 825 act June 29, 1906, ch. 3592,  1 34 Stat. 596 act Mar. 4, 1913, ch. 141 37 Stat. 736 June 10, 1933 section 901 of Title 5 June 14, 1940 54 Stat. 1238 Executive Documents  Transfer of Functions Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of that Department, with respect to inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2,  2, eff. July 1, 1973 87 Stat. 1091 Pub. L. 93253 Mar. 16, 1974 88 Stat. 50 July 1, 1973 Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2,  1, 2, eff. May 24, 1950 64 Stat. 1261  1552. Commissioner of Immigration and Naturalization; office  The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer. The Attorney General shall provide him with a suitable, furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be necessary. ( Mar. 3, 1891, ch. 551,  7 26 Stat. 1085 Mar. 2, 1895, ch. 177,  1 28 Stat. 780 Apr. 28, 1904 33 Stat. 591 Mar. 4, 1913, ch. 141,  3 37 Stat. 737 Feb. 5, 1917, ch. 29,  23 39 Stat. 892 Mar. 3, 1917, ch. 163,  1 39 Stat. 1118 Mar. 28, 1922, ch. 117 42 Stat. 486 Jan. 5, 1923, ch. 24 42 Stat. 1127 June 10, 1933 June 14, 1940 54 Stat. 1238 June 27, 1952, ch. 477 66 Stat. 279  Editorial Notes Codification Section was formerly classified to section 342b of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Amendments 1952Act June 27, 1952 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents  Transfer of Functions Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of that Department, with respect to inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2,  2, eff. July 1, 1973 87 Stat. 1091 Pub. L. 93253 Mar. 16, 1974 88 Stat. 50 July 1, 1973 Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2,  1, 2, eff. May 24, 1950 64 Stat. 1261 History of Immigration and Naturalization Agencies Ex. Ord. No. 6166,  14, June 10, 1933 section 901 of Title 5 June 14, 1940 54 Stat. 1238 section 1551 of this title  1553. Assistant Commissioners and one District Director; compensation and salary grade  The compensation of the five assistant commissioners and one district director shall be at the rate of grade GS16. ( June 20, 1956, ch. 414 70 Stat. 307  Editorial Notes Codification Section was formerly classified to section 342b1 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Prior Provisions Provisions similar to those in this section were contained in act July 7, 1955, ch. 279, title II,  201 69 Stat. 272 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  1554. Special immigrant inspectors at Washington  Special immigrant inspectors, not to exceed three, may be detailed for duty in the service at Washington. ( Mar. 2, 1895, ch. 177,  1 28 Stat. 780 June 10, 1933  Editorial Notes Codification Ex. Ord. No. 6166, is authority for the substitution of service for bureau. See note set out under section 1551 of this title Section was formerly classified to section 342g of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 section 111 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents  Transfer of Functions Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of that Department, with respect to inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2,  2, eff. July 1, 1973 87 Stat. 1091 Pub. L. 93253 Mar. 16, 1974 88 Stat. 50 July 1, 1973  1555. Immigration Service expenses  Appropriations now or hereafter provided for the Immigration and Naturalization Service shall be available for payment of (a) hire of privately owned horses for use on official business, under contract with officers or employees of the Service; (b) pay of interpreters and translators who are not citizens of the United States; (c) distribution of citizenship textbooks to aliens without cost to such aliens; (d) payment of allowances (at such rate as may be specified from time to time in the appropriation Act involved) to aliens, while held in custody under the immigration laws, for work performed; and (e) when so specified in the appropriation concerned, expenses of unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, who shall make a certificate of the amount of any such expenditure as he may think it advisable not to specify, and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended. ( July 28, 1950, ch. 503,  6 64 Stat. 380  Editorial Notes Codification Section was formerly classified to section 341d of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1556. Transferred  Editorial Notes Codification Section transferred to section 1353d of this title  1557. Prevention of transportation in foreign commerce of alien women and girls under international agreement; Commissioner designated as authority to receive and preserve information  For the purpose of regulating and preventing the transportation in foreign commerce of alien women and girls for purposes of prostitution and debauchery, and in pursuance of and for the purpose of carrying out the terms of the agreement or project of arrangement for the suppression of the white-slave traffic, adopted July 25, 1902 May 18, 1904 June 6, 1908 June 15, 1908 ( June 25, 1910, ch. 395,  6 36 Stat. 826 June 10, 1933  Editorial Notes  References in Text This Act, referred to in text, is act June 25, 1910, ch. 395 36 Stat. 825 act June 25, 1948, ch. 645 62 Stat. 683 Codification Section was originally classified to section 402(1) of Title 18 act June 25, 1948, ch. 645 62 Stat. 683 l Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 section 238 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Executive Documents  Transfer of Functions Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of that Department, with respect to inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2,  2, eff. July 1, 1973 87 Stat. 1091 Pub. L. 93253 Mar. 16, 1974 88 Stat. 50 July 1, 1973 Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2,  1, 2, eff. May 24, 1950 64 Stat. 1261  History of Immigration and Naturalization Agencies Ex. Ord. No. 6166,  14, June 10, 1933 section 901 of Title 5 section 1551 of this title SUBCHAPTER II IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS  1571. Purposes (a) Purposes The purposes of this subchapter are to (1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after October 17, 2000 (2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications. (b) Policy It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 1184(c) of this title ( Pub. L. 106313, title II,  202 Oct. 17, 2000 114 Stat. 1262  Statutory Notes and Related Subsidiaries Short Title For short title of title II of Pub. L. 106313 section 201 of Pub. L. 106313 section 1551 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1572. Definitions In this subchapter: (1) Backlog The term backlog means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service. (2) Immigration benefit application The term immigration benefit application means any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act [ 8 U.S.C. 1101 ( Pub. L. 106313, title II,  203 Oct. 17, 2000 114 Stat. 1263  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in par. (2), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1573. Immigration Services and Infrastructure Improvements Account (a) Authority of the Attorney General The Attorney General shall take such measures as may be necessary to (1) reduce the backlog in the processing of immigration benefit applications, with the objective of the total elimination of the backlog 1 year after November 25, 2002 (2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and (3) make such improvements in infrastructure as may be necessary to effectively provide immigration services. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a). (2) Designation of account in treasury Amounts appropriated pursuant to paragraph (1) may be referred to as the Immigration Services and Infrastructure Improvements Account. (3) Availability of funds Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (4) Limitation on expenditures None of the funds appropriated pursuant to paragraph (1) may be expended until the report described in section 1574(a) of this title ( Pub. L. 106313, title II,  204 Oct. 17, 2000 114 Stat. 1263 Pub. L. 107296, title IV,  458 Nov. 25, 2002 116 Stat. 2201  Editorial Notes Amendments 2002Subsec. (a)(1). Pub. L. 107296 November 25, 2002 October 17, 2000 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 Nov. 25, 2002 section 4 of Pub. L. 107296 section 101 of Title 6  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1574. Reports to Congress (a) Backlog elimination plan (1) Report required Not later than 90 days after October 17, 2000 (A) the backlogs in immigration benefit applications in existence as of October 17, 2000 (B) the Attorney Generals plan for eliminating such backlogs. (2) Report elements The report shall include (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this subchapter; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this subchapter, as described in section 1571(a) of this title (B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this subchapter. (b) Annual reports (1) In general Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 1573(b) of this title (A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and (B) the Attorney Generals efforts to eliminate backlogs in any immigration benefit application described in paragraph (2). (2) Report elements The report shall include (A) State-by-State data on (i) the number of naturalization cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for naturalization applications; (iii) the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudicating newly submitted naturalization applications; (v) an analysis of the appropriate processing times for naturalization applications; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including (i) the number of cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for such applications or petitions; (iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adjudicating newly submitted applications or petitions; (v) an analysis of the appropriate processing times for applications or petitions; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and (C) a status report on (i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence; (ii) petitions for nonimmigrant visas under section 1184 of this title (iii) petitions filed under section 1154 of this title section 1153 of this title (iv) applications for asylum under section 1158 of this title (v) registrations for Temporary Protected Status under section 1254a of this title (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications. (3) Absence of appropriated funds In the event that no funds are appropriated subject to section 1573(b) of this title ( Pub. L. 106313, title II,  205 Oct. 17, 2000 114 Stat. 1263  Editorial Notes  References in Text The fiscal year in which this Act is enacted, referred to in subsec. (b)(3), is the fiscal year in which Pub. L. 106313 Oct. 17, 2000 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title CHAPTER 14 RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS    Sec.  1601. Statements of national policy concerning welfare and immigration.  SUBCHAPTER IELIGIBILITY FOR FEDERAL BENEFITS  1611. Aliens who are not qualified aliens ineligible for Federal public benefits.  1612. Limited eligibility of qualified aliens for certain Federal programs.  1613. Five-year limited eligibility of qualified aliens for Federal means-tested public benefit.  1614. Notification and information reporting.  1615. Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts.  SUBCHAPTER IIELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS  1621. Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits.  1622. State authority to limit eligibility of qualified aliens for State public benefits.  1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits.  1624. Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance.  1625. Authorization for verification of eligibility for State and local public benefits.  SUBCHAPTER IIIATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT  1631. Federal attribution of sponsors income and resources to alien.  1632. Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs.  SUBCHAPTER IVGENERAL PROVISIONS  1641. Definitions.  1642. Verification of eligibility for Federal public benefits.  1643. Statutory construction.  1644. Communication between State and local government agencies and Immigration and Naturalization Service.  1645. Qualifying quarters.  1646. Derivative eligibility for benefits.  1601. Statements of national policy concerning welfare and immigration The Congress makes the following statements concerning national policy with respect to welfare and immigration: (1) Self-sufficiency has been a basic principle of United States immigration law since this countrys earliest immigration statutes. (2) It continues to be the immigration policy of the United States that (A) aliens within the Nations borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and (B) the availability of public benefits not constitute an incentive for immigration to the United States. (3) Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates. (4) Current eligibility rules for public assistance and unenforceable financial support agreements have proved wholly incapable of assuring that individual aliens not burden the public benefits system. (5) It is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy. (6) It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits. (7) With respect to the State authority to make determinations concerning the eligibility of qualified aliens for public benefits in this chapter, a State that chooses to follow the Federal classification in determining the eligibility of such aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reliant in accordance with national immigration policy. ( Pub. L. 104193, title IV,  400 Aug. 22, 1996 110 Stat. 2260  Editorial Notes  References in Text This chapter, referred to in par. (7), was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 Statutory Notes and Related Subsidiaries Short Title of 2008 Amendment Pub. L. 110328,  1 Sept. 30, 2008 122 Stat. 3567 This Act [amending section 1612 of this title section 3304 of Title 26 SUBCHAPTER I ELIGIBILITY FOR FEDERAL BENEFITS  1611. Aliens who are not qualified aliens ineligible for Federal public benefits (a) In general Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 1641 of this title (b) Exceptions (1) Subsection (a) shall not apply with respect to the following Federal public benefits: (A) Medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 42 U.S.C. 1396b(v)(3) 42 U.S.C. 601 42 U.S.C. 1381 (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Public health assistance (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 (D) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (iii) are necessary for the protection of life or safety. (E) Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 section 1926c of title 7 August 22, 1996 (2) Subsection (a) shall not apply to any benefit payable under title II of the Social Security Act [ 42 U.S.C. 401 42 U.S.C. 433 42 U.S.C. 402(t) (3) Subsection (a) shall not apply to any benefit payable under title XVIII of the Social Security Act [ 42 U.S.C. 1395 42 U.S.C. 1395c (4) Subsection (a) shall not apply to any benefit payable under the Railroad Retirement Act of 1974 [ 45 U.S.C. 231 45 U.S.C. 351 (5) Subsection (a) shall not apply to eligibility for benefits for the program defined in section 1612(a)(3)(A) of this title August 22, 1996 (c) Federal public benefit defined (1) Except as provided in paragraph (2), for purposes of this chapter the term Federal public benefit means (A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. (2) Such term shall not apply (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99239 (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States. ( Pub. L. 104193, title IV,  401 Aug. 22, 1996 110 Stat. 2261 Pub. L. 10533, title V Aug. 5, 1997 111 Stat. 638 Pub. L. 105306 Oct. 28, 1998 112 Stat. 2926  Editorial Notes  References in Text The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 The Housing Act of 1949, referred to in subsec. (b)(1)(E), is act July 15, 1949, ch. 338 63 Stat. 413 section 1441 of Title 42 The Railroad Retirement Act of 1974, referred to in subsec. (b)(4), is act Aug. 29, 1935, ch. 812 Pub. L. 93445, title I,  101 Oct. 16, 1974 88 Stat. 1305 section 231 of Title 45 section 231t of Title 45 The Railroad Unemployment Insurance Act, referred to in subsec. (b)(4), is act June 25, 1938, ch. 680 52 Stat. 1094 section 367 of Title 45 This chapter, referred to in subsec. (c)(1), was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 Section 141 of the applicable compact of free association approved in Public Law 99239 section 201 of Pub. L. 99239 section 1901 of Title 48 section 201 of Pub. L. 99658 section 1931 of Title 48 The Immigration and Nationality Act, referred to in subsec. (c)(2)(B), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1998Subsec. (b)(5). Pub. L. 105306,  2 Subsec. (c)(2)(C). Pub. L. 105306,  5(a) 1997Subsec. (b)(3). Pub. L. 10533,  5561(a) Subsec. (b)(4). Pub. L. 10533,  5561(b) Subsec. (c)(2)(A). Pub. L. 10533,  5565 Public Law 99239 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Additional Funding for State Emergency Health Services Furnished to Undocumented Aliens Pub. L. 10533, title IV,  4723 Aug. 5, 1997 111 Stat. 515  (a)  Total Amount Available for Allotment There are available for allotments under this section for each of the 4 consecutive fiscal years (beginning with fiscal year 1998) $25,000,000 for payments to certain States under this section. (b)  State Allotment Amount. (1)  In general The Secretary of Health and Human Services shall compute an allotment for each fiscal year beginning with fiscal year 1998 and ending with fiscal year 2001 for each of the 12 States with the highest number of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. (2)  Determination For purposes of paragraph (1), the number of undocumented aliens in a State under this section shall be determined based on estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). (c)  Use of Funds From the allotments made under subsection (b), the Secretary shall pay to each State amounts the State demonstrates were paid by the State (or by a political subdivision of the State) for emergency health services furnished to undocumented aliens. (d)  State Defined For purposes of this section, the term State includes the District of Columbia. (e)  State Entitlement This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to States of amounts provided under this section. Study and Report on Alien Student Eligibility for Postsecondary Federal Student Financial Assistance Pub. L. 104208, div. C, title V,  506 Sept. 30, 1996 110 Stat. 3009672 Sept. 30, 1996 section 1091(p) of title 20  1612. Limited eligibility of qualified aliens for certain Federal programs (a) Limited eligibility for specified Federal programs (1) In general Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in section 1641 of this title (2) Exceptions (A) Time-limited exception for refugees and asylees With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date (i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 (ii) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 (iii) an aliens deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) Public Law 104208 (iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (v) an alien is admitted to the United States as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100202 migration and refugee assistance Public Law 100461 (B) Certain permanent resident aliens Paragraph (1) shall not apply to an alien who (i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (ii) (I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 section 1645 of this title December 31, 1996 section 1613 of this title (C) Veteran and active duty exception Paragraph (1) shall not apply to an alien who is lawfully residing in any State and is (i) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 section 5303A(d) of title 38 (ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38 (D) Transition for aliens currently receiving benefits (i) SSI (I) In general With respect to the specified Federal program described in paragraph (3)(A), during the period beginning on August 22, 1996 September 30, 1998 August 22, 1996 (II) Redetermination criteria With respect to any redetermination under subclause (I), the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under such program. (III) Grandfather provision The provisions of this subsection and the redetermination under subclause (I), shall only apply with respect to the benefits of an individual described in subclause (I) for months beginning on or after September 30, 1998 (IV) Notice Not later than March 31, 1997 (ii) Food stamps (I) In general With respect to the specified Federal program described in paragraph (3)(B), ineligibility under paragraph (1) shall not apply until April 1, 1997 August 22, 1996 1 1 7 U.S.C. 2011 April 1, 1997 August 22, 1997 (II) Recertification criteria With respect to any recertification under subclause (I), the State agency shall apply the eligibility criteria for applicants for benefits under such program. (III) Grandfather provision The provisions of this subsection and the recertification under subclause (I) shall only apply with respect to the eligibility of an alien for a program for months beginning on or after the date of recertification, if on August 22, 1996 August 22, 1996 (E) Aliens receiving SSI on August 22, 1996 With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is lawfully residing in the United States and who was receiving such benefits on August 22, 1996 (F) Disabled aliens lawfully residing in the United States on August 22, 1996 With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien who (i) in the case of the specified Federal program described in paragraph (3)(A) (I) was lawfully residing in the United States on August 22, 1996 (II) is blind or disabled (as defined in paragraph (2) or (3) of section 1614(a) of the Social Security Act ( 42 U.S.C. 1382c(a) (ii) in the case of the specified Federal program described in paragraph (3)(B), is receiving benefits or assistance for blindness or disability (within the meaning of section 3(j) of the Food Stamp Act of 1977 1 7 U.S.C. 2012(r) 2 2 (G) Exception for certain Indians With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), section 1611(a) of this title (i) who is an American Indian born in Canada to whom the provisions of section 289 of the Immigration and Nationality Act ( 8 U.S.C. 1359 (ii) who is a member of an Indian tribe (as defined in section 5304(e) of title 25 (H) SSI exception for certain recipients on the basis of very old applications With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to any individual (i) who is receiving benefits under such program for months after July 1996 on the basis of an application filed before January 1, 1979 (ii) with respect to whom the Commissioner of Social Security lacks clear and convincing evidence that such individual is an alien ineligible for such benefits as a result of the application of this section. (I) Food stamp exception for certain elderly individuals With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who on August 22, 1996 (i) was lawfully residing in the United States; and (ii) was 65 years of age or older. (J) Food stamp exception for certain children With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who is under 18 years of age. (K) Food stamp exception for certain Hmong and Highland Laotians With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to (i) any individual who (I) is lawfully residing in the United States; and (II) was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in section 101 of title 38 (ii) the spouse, or an unmarried dependent child, of such an individual; or (iii) the unremarried surviving spouse of such an individual who is deceased. (L) Food stamp exception for certain qualified aliens With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any qualified alien who has resided in the United States with a status within the meaning of the term qualified alien for a period of 5 years or more beginning on the date of the aliens entry into the United States. (M) SSI extensions through fiscal year 2011 (i) Two-year extension for certain aliens and victims of trafficking (I) In general Subject to clause (ii), with respect to eligibility for benefits under subparagraph (A) for the specified Federal program described in paragraph (3)(A) of qualified aliens (as defined in section 1641(b) of this title section 7105(b)(1)(C) of title 22 8 U.S.C. 1101(a)(15)(T)(ii) (II) Aliens and victims whose benefits ceased in prior fiscal years Subject to clause (ii), beginning on September 30, 2008 section 1641(b) of this title section 7105(b)(1)(C) of title 22 8 U.S.C. 1101(a)(15)(T)(ii) August 22, 1996 September 30, 2008 42 U.S.C. 1381 (III) Aliens and victims described For purposes of subclauses (I) and (II), a qualified alien or victim of trafficking described in this subclause is an alien or victim who (aa) has been a lawful permanent resident for less than 6 years and such status has not been abandoned, rescinded under section 246 of the Immigration and Nationality Act [ 8 U.S.C. 1256 8 U.S.C. 1229a (bb) has filed an application, within 4 years from the date the alien or victim began receiving supplemental security income benefits, to become a lawful permanent resident with the Secretary of Homeland Security, and the Commissioner of Social Security has verified, through procedures established in consultation with such Secretary, that such application is pending; (cc) has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( Public Law 96422 (dd) has had his or her deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) (ee) has not attained age 18; or (ff) has attained age 70. (IV) Declaration required (aa) In general For purposes of subclauses (I) and (II), the declaration required under this subclause of a qualified alien or victim of trafficking described in either such subclause is a declaration under penalty of perjury stating that the alien or victim has made a good faith effort to pursue United States citizenship, as determined by the Secretary of Homeland Security. The Commissioner of Social Security shall develop criteria as needed, in consultation with the Secretary of Homeland Security, for consideration of such declarations. (bb) Exception for children A qualified alien or victim of trafficking described in subclause (I) or (II) who has not attained age 18 shall not be required to furnish to the Commissioner of Social Security a declaration described in item (aa) as a condition of being eligible for the specified Federal program described in paragraph (3)(A) for an additional 2-year period in accordance with this clause. (V) Payment of benefits to aliens whose benefits ceased in prior fiscal years Benefits paid to a qualified alien or victim described in subclause (II) shall be paid prospectively over the duration of the qualified aliens or victims renewed eligibility. (ii) Special rule in case of pending or approved naturalization application With respect to eligibility for benefits for the specified program described in paragraph (3)(A), paragraph (1) shall not apply during fiscal years 2009 through 2011 to an alien described in one of clauses (i) through (v) of subparagraph (A) or a victim of trafficking in persons (as defined in section 7105(b)(1)(C) of title 22 8 U.S.C. 1101(a)(15)(T)(ii) August 22, 1996 September 30, 2008 8 U.S.C. 1447(b) (3) Specified Federal program defined For purposes of this chapter, the term specified Federal program means any of the following: (A) SSI The supplemental security income program under title XVI of the Social Security Act [ 42 U.S.C. 1381 42 U.S.C. 1382e(a) section 212(b) of Public Law 9366 (B) Food stamps The food stamp program as defined in section 3( l 1 (b) Limited eligibility for designated Federal programs (1) In general Notwithstanding any other provision of law and except as provided in section 1613 of this title section 1641 of this title (2) Exceptions Qualified aliens under this paragraph shall be eligible for any designated Federal program. (A) Time-limited exception for refugees and asylees (i) Medicaid With respect to the designated Federal program described in paragraph (3)(C), paragraph (1) shall not apply to an alien until 7 years after the date (I) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 (II) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 (III) an aliens deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) Public Law 104208 (IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (V) an alien 3 3 1 (ii) Other designated Federal programs With respect to the designated Federal programs under paragraph (3) (other than subparagraph (C)), paragraph (1) shall not apply to an alien until 5 years after the date (I) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 (II) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 (III) an aliens deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) Public Law 104208 (IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (V) an alien 3 1 (B) Certain permanent resident aliens An alien who (i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (ii) (I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 section 1645 of this title December 31, 1996 section 1613 of this title (C) Veteran and active duty exception An alien who is lawfully residing in any State and is (i) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 section 5303A(d) of title 38 (ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38 (D) Transition for those currently receiving benefits An alien who on August 22, 1996 August 22, 1996 January 1, 1997 (E) Medicaid exception for certain Indians With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the medicaid program), section 1611(a) of this title (F) Medicaid exception for aliens receiving SSI An alien who is receiving benefits under the program defined in subsection (a)(3)(A) (relating to the supplemental security income program) shall be eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 (G) Medicaid exception for citizens of freely associated states With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts. (3) Designated Federal program defined For purposes of this chapter, the term designated Federal program means any of the following: (A) Temporary assistance for needy families The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act [ 42 U.S.C. 601 (B) Social services block grant The program of block grants to States for social services under title XX of the Social Security Act [ 42 U.S.C. 1397 (C) Medicaid A State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 section 1611(b)(1)(A) of this title ( Pub. L. 104193, title IV,  402 Aug. 22, 1996 110 Stat. 2262 Pub. L. 104208, div. C, title V,  510 Sept. 30, 1996 110 Stat. 3009673 Pub. L. 10518, title II,  6005(a) June 12, 1997 111 Stat. 191 Pub. L. 10533, title V Aug. 5, 1997 111 Stat. 597 Pub. L. 105185, title V June 23, 1998 112 Stat. 578 Pub. L. 107171, title IV,  4401(a) May 13, 2002 116 Stat. 333 Pub. L. 110234, title IV,  4115(c)(2)(D) May 22, 2008 122 Stat. 1110 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664 Pub. L. 110328,  2 Sept. 30, 2008 122 Stat. 3567 Pub. L. 116260, div. CC, title II,  208(a) Dec. 27, 2020 134 Stat. 2985  Editorial Notes  References in Text Section 243 of such Act and section 243 of the Immigration and Nationality Act, referred to in subsecs. (a)(2)(A)(iii), (M)(i)(III)(dd) and (b)(2)(A)(i)(III), (ii)(III), are section 243 of act June 27, 1952 section 1253 of this title Section 1253 of this title Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612 section 307 of Pub. L. 104208 section 309 of Pub. L. 104208 section 1101 of this title Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsecs. (a)(2)(A)(iv), (M)(i)(III)(cc) and (b)(2)(A)(i)(IV), (ii)(IV), is section 501(e) of Pub. L. 96422 section 1522 of this title Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in section 101(e) of Public Law 100202 Pub. L. 100202 Dec. 22, 1987 101 Stat. 1329183 section 1101 of this title The 9th proviso under migration and refugee assistance Public Law 100461 Pub. L. 100461, title II Oct. 1, 1988 102 Stat. 226815 section 1101 of this title The Immigration and Nationality Act, referred to in subsecs. (a)(2)(B)(i) and (b)(2)(B)(i), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title The Social Security Act, referred to in subsecs. (a)(2)(B)(ii)(I), (M)(i)(II), (3)(A) and (b)(2)(B)(ii)(I), (F), (3), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 The Food Stamp Act of 1977, referred to in subsec. (a)(2)(D)(ii)(I), (F)(ii), (3)(B), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88525 Aug. 31, 1964 78 Stat. 703 l l Pub. L. 11379, title IV,  4030(a)(3) Feb. 7, 2014 128 Stat. 813 section 2012(t) of Title 7 section 2011 of Title 7 This chapter, referred to in subsecs. (a)(3) and (b)(3), was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 Section 212(b) of Public Law 9366 section 1382 of Title 42 Subsection (a)(2)(A)(i)(V) of this section, referred to in subsec. (b)(2)(A)(i)(V), (ii)(V), was redesignated section 1612(a)(2)(A)(v) of this title Pub. L. 105185, title V,  503(2) June 23, 1998 112 Stat. 578 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Amendments 2020Subsec. (b)(2)(G). Pub. L. 116260 2008Subsec. (a)(2)(F)(ii). Pub. L. 110246,  4115(c)(2)(D)(i) Subsec. (a)(2)(M). Pub. L. 110328 Subsec. (a)(3)(B). Pub. L. 110246,  4115(c)(2)(D)(ii) l 2002Subsec. (a)(2)(F). Pub. L. 107171,  4401(a) (i) was lawfully residing in the United States on August 22, 1996 (ii)(I) in the case of the specified Federal program described in paragraph (3)(A), is blind or disabled, as defined in section 1614(a)(2) or 1614(a)(3) of the Social Security Act; and. Subsec. (a)(2)(J). Pub. L. 107171,  4401(b)(1) (i) was lawfully residing in the United States on August 22, 1996 (ii) is under 18 years of age. Subsec. (a)(2)(L). Pub. L. 107171,  4401(c)(1) 1998Subsec. (a)(2)(A). Pub. L. 105185,  503 Subsec. (a)(2)(F). Pub. L. 105185,  504(1) Subsec. (a)(2)(F)(ii). Pub. L. 105185,  504(2) Subsec. (a)(2)(G). Pub. L. 105185,  505 Subsec. (a)(2)(I). Pub. L. 105185,  506 Subsec. (a)(2)(J). Pub. L. 105185,  507 Subsec. (a)(2)(K). Pub. L. 105185,  508 1997Subsec. (a)(2)(A). Pub. L. 10533,  5302(a) (i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act; (ii) an alien is granted asylum under section 208 of such Act; or (iii) an aliens deportation is withheld under section 243(h) of such Act. Subsec. (a)(2)(A)(i)(III). Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (a)(2)(A)(i)(V). Pub. L. 10533,  5306(a)(1) Subsec. (a)(2)(A)(ii)(III). Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (a)(2)(A)(ii)(V). Pub. L. 10533,  5306(a)(2) Subsec. (a)(2)(C)(i). Pub. L. 10533,  5563(c) Pub. L. 10533,  5563(a) section 5303A(d) of title 38 Subsec. (a)(2)(C)(iii). Pub. L. 10533,  5563(b) section 1304 of title 38 Subsec. (a)(2)(D)(i)(I). Pub. L. 10533,  5301(c)(1) September 30, 1998 September 30, 1997 Pub. L. 10518,  6005(a)(1) September 30, 1997 August 22, 1996 Subsec. (a)(2)(D)(i)(III). Pub. L. 10533,  5301(c)(2) September 30, 1998 September 30, 1997 Pub. L. 10518,  6005(a)(2) September 30, 1997 Subsec. (a)(2)(E). Pub. L. 10533,  5301(a) Subsec. (a)(2)(F). Pub. L. 10533,  5301(b) Subsec. (a)(2)(G). Pub. L. 10533,  5303(a) Subsec. (a)(2)(H). Pub. L. 10533,  5304 Subsec. (b)(2)(A). Pub. L. 10533,  5302(b) (i) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of an aliens entry into the United States. (ii) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum. (iii) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding. Subsec. (b)(2)(A)(i)(III). Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (b)(2)(A)(i)(V). Pub. L. 10533,  5306(b)(1) Subsec. (b)(2)(A)(ii)(III). Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (b)(2)(A)(ii)(V). Pub. L. 10533,  5306(b)(2) Subsec. (b)(2)(C)(i). Pub. L. 10533,  5563(c) Pub. L. 10533,  5563(a) section 5303A(d) of title 38 Subsec. (b)(2)(C)(iii). Pub. L. 10533,  5563(b) section 1304 of title 38 Subsec. (b)(2)(E). Pub. L. 10533,  5303(b) Subsec. (b)(2)(F). Pub. L. 10533,  5305(b) 1996Subsec. (a)(2)(D)(ii)(I). Pub. L. 104208 August 22, 1996 August 22, 1996 August 22, 1996 Statutory Notes and Related Subsidiaries  Change of Name References to the food stamp program established under the Food and Nutrition Act of 2008, formerly known as the Food Stamp Act of 1977, considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110246 section 2012 of Title 7 Effective Date of 2020 Amendment Pub. L. 116260, div. CC, title II,  208(e) Dec. 27, 2020 134 Stat. 2986 The amendments made by this section [amending this section and sections 1613 and 1641 of this title and section 1308 of Title 42 Dec. 27, 2020 Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Amendment by section 4115(c)(2)(D) of Pub. L. 110246 Oct. 1, 2008 section 4407 of Pub. L. 110246 section 1161 of Title 2 Effective Date of 2002 Amendment Amendment by section 4401(a) of Pub. L. 107171 Oct. 1, 2002 section 4405 of Pub. L. 107171 section 1161 of Title 2 Amendment by section 4401(b)(1) of Pub. L. 107171 Oct. 1, 2003 section 4401(b)(3) of Pub. L. 107171 section 2014 of Title 7 Pub. L. 107171, title IV,  4401(c)(2) May 13, 2002 116 Stat. 334 The amendment made by paragraph (1) [amending this section] takes effect on April 1, 2003 Effective Date of 1998 Amendment Pub. L. 105185, title V,  510(b) June 23, 1998 112 Stat. 580 The amendments made by sections 503 through 509 [amending this section and section 1613 of this title November 1, 1998 Effective Date of 1997 Amendments Pub. L. 10533, title V,  5308 Aug. 5, 1997 111 Stat. 603 Except as otherwise provided, the amendments made by this subtitle [subtitle D ( 53015308) of title V of Pub. L. 10533 Pub. L. 104193 Amendment by sections 5562 and 5563 of Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title Pub. L. 10518, title II,  6005(b) June 12, 1997 111 Stat. 191 The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [this section]. Effective Date of 1996 Amendment Pub. L. 104208, div. C, title V,  510 Sept. 30, 1996 110 Stat. 3009673 Pub. L. 104193  1613. Five-year limited eligibility of qualified aliens for Federal means-tested public benefit (a) In general Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in section 1641 of this title August 22, 1996 (b) Exceptions The limitation under subsection (a) shall not apply to the following aliens: (1) Exception for refugees and asylees (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 (B) An alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 (C) An alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) Public Law 104208 (D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. (E) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 1 (2) Veteran and active duty exception An alien who is lawfully residing in any State and is (A) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 section 5303A(d) of title 38 (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or (C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 2 section 1304 of title 38 (3) Exception for citizens of freely associated states An individual described in section 1612(b)(2)(G) of this title section 1612(b)(3)(C) of this title (c) Application of term Federal means-tested public benefit (1) The limitation under subsection (a) shall not apply to assistance or benefits under paragraph (2). (2) Assistance and benefits under this paragraph are as follows: (A) Medical assistance described in section 1611(b)(1)(A) of this title (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Assistance or benefits under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 (D) Assistance or benefits under the Child Nutrition Act of 1966 [ 42 U.S.C. 1771 (E) Public health assistance (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 (F) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [ 42 U.S.C. 620 section 1641 of this title (G) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (iii) are necessary for the protection of life or safety. (H) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965 [ 20 U.S.C. 1070 42 U.S.C. 241 (I) Means-tested programs under the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 (J) Benefits under the Head Start Act [ 42 U.S.C. 9831 (K) Benefits under title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 (L) Assistance or benefits provided to individuals under the age of 18 under the Food Stamp Act of 1977 1 7 U.S.C. 2011 (d) Benefits for certain groups Notwithstanding any other provision of law, the limitations under section 1611(a) of this title (1) an individual described in section 1612(a)(2)(G) of this title section 1612 of this title (2) an individual, spouse, or dependent described in section 1612(a)(2)(K) of this title section 1612(a)(3)(B) of this title ( Pub. L. 104193, title IV,  403 Aug. 22, 1996 110 Stat. 2265 Pub. L. 10533, title V Aug. 5, 1997 111 Stat. 599 Pub. L. 105185, title V,  509 June 23, 1998 112 Stat. 580 Pub. L. 105277, div. A,  101(f) [title VIII,  405(d)(3)(A), (f)(3)(A)] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 10678, title VII,  752(b)(6) Oct. 22, 1999 113 Stat. 1169 Pub. L. 107171, title IV,  4401(b)(2)(A) May 13, 2002 116 Stat. 333 Pub. L. 113128, title V,  512(x) July 22, 2014 128 Stat. 1716 Pub. L. 116260, div. CC, title II,  208(b) Dec. 27, 2020 134 Stat. 2985  Editorial Notes  References in Text Section 243 of such Act, referred to in subsec. (b)(1)(C), is section 243 of act June 27, 1952 section 1253 of this title Section 1253 of this title Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612 section 307 of Pub. L. 104208 section 309 of Pub. L. 104208 section 1101 of this title Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(1)(D), is section 501(e) of Pub. L. 96422 section 1522 of this title Section 1612(a)(2)(A)(i)(V) of this title section 1612(a)(2)(A)(v) of this title Pub. L. 105185, title V,  503(2) June 23, 1998 112 Stat. 578 The Richard B. Russell National School Lunch Act, referred to in subsec. (c)(2)(C), is act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42 The Child Nutrition Act of 1966, referred to in subsec. (c)(2)(D), is Pub. L. 89642 Oct. 11, 1966 80 Stat. 885 section 1771 of Title 42 The Social Security Act, referred to in subsec. (c)(2)(E), (F), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 The Higher Education Act of 1965, referred to in subsec. (c)(2)(H), is Pub. L. 89329 Nov. 8, 1965 79 Stat. 1219 section 1001 of Title 20 The Public Health Service Act, referred to in subsec. (c)(2)(H), is act July 1, 1944, ch. 373 58 Stat. 682 section 201 of Title 42 The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(2)(I), is Pub. L. 8910 Apr. 11, 1965 79 Stat. 27 section 6301 of Title 20 The Head Start Act, referred to in subsec. (c)(2)(J), is subchapter B ( 635657) of chapter 8 of subtitle A of title VI of Pub. L. 9735 Aug. 13, 1981 95 Stat. 499 section 9801 of Title 42 The Workforce Innovation and Opportunity Act, referred to in subsec. (c)(2)(K), is Pub. L. 113128 July 22, 2014 128 Stat. 1425 section 3101 of Title 29 The Food Stamp Act of 1977, referred to in subsec. (c)(2)(L), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88525 Aug. 31, 1964 78 Stat. 703 section 2011 of Title 7 Amendments 2020Subsec. (b)(3). Pub. L. 116260 2014Subsec. (c)(2)(K). Pub. L. 113128 2002Subsec. (c)(2)(L). Pub. L. 107171 1999Subsec. (c)(2)(C). Pub. L. 10678 1998Subsec. (c)(2)(K). Pub. L. 105277,  101(f) [title VIII,  405(f)(3)(A)] Pub. L. 105277,  101(f) [title VIII,  405(d)(3)(A)] Subsec. (d). Pub. L. 105185 1997Subsec. (b)(1)(C). Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (b)(1)(D). Pub. L. 10533,  5302(c)(1)(A) Subsec. (b)(1)(E). Pub. L. 10533,  5306(c) Subsec. (b)(2)(A). Pub. L. 10533,  5563(c) Pub. L. 10533,  5563(a) section 5303A(d) of title 38 Subsec. (b)(2)(C). Pub. L. 10533,  5563(b) section 1304 of title 38 Subsec. (d). Pub. L. 10533,  5303(c) Pub. L. 10533,  5302(c)(1)(B) 8 U.S.C. 1521 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by section 208(b) of Pub. L. 116260 Dec. 27, 2020 section 208(e) of Pub. L. 116260 section 1612 of this title Effective Date of 2014 Amendment Amendment by Pub. L. 113128 July 22, 2014 July 1, 2015 section 506 of Pub. L. 113128 section 3101 of Title 29 Effective Date of 2002 Amendment Amendment by section 4401(b)(2)(A) of Pub. L. 107171 Oct. 1, 2003 section 4401(b)(3) of Pub. L. 107171 section 2014 of Title 7 Effective Date of 1998 Amendments Amendment by section 101(f) [title VIII,  405(d)(3)(A)] of Pub. L. 105277 Oct. 21, 1998 Pub. L. 105277 July 1, 2000 Pub. L. 105277 section 3502 of Title 5 Amendment by Pub. L. 105185 Nov. 1, 1998 section 510(b) of Pub. L. 105185 section 1612 of this title Effective Date of 1997 Amendment Amendment by sections 5302(c)(1), 5303(c), and 5306(c) of Pub. L. 10533 Pub. L. 104193 section 5308 of Pub. L. 10533 section 1612 of this title Amendment by sections 5562 and 5563 of Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title  1614. Notification and information reporting  Each Federal agency that administers a program to which section 1611, 1612, or 1613 of this title applies shall, directly or through the States, post information and provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this subchapter. ( Pub. L. 104193, title IV,  404(a) Aug. 22, 1996 110 Stat. 2267  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this subtitle, meaning subtitle A of title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2261 section 1383 of Title 42  1615. Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts (a) School lunch and breakfast programs Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 42 U.S.C. 1773 (b) Other programs (1) In general Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in section 1641(b) of this title (2) Provisions of law described The provisions of law described in this paragraph are the following: (A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 42 U.S.C. 1771 (B) Section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c (C) The Emergency Food Assistance Act of 1983 [7 U.S.C 7501 et seq.]. (D) The food distribution program on Indian reservations established under section 2013(b) of title 7 ( Pub. L. 104193, title VII,  742 Aug. 22, 1996 110 Stat. 2307 Pub. L. 10678, title VII,  752(b)(6) Oct. 22, 1999 113 Stat. 1169  Editorial Notes  References in Text This Act, referred to in subsecs. (a) and (b)(1), is Pub. L. 104193 Aug. 22, 1996 110 Stat. 2105 section 1305 of Title 42 The Richard B. Russell National School Lunch Act, referred to in subsecs. (a) and (b)(2)(A), is act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42 The Child Nutrition Act of 1966, referred to in subsec. (b)(2)(A), is Pub. L. 89642 Oct. 11, 1966 80 Stat. 885 section 1771 of Title 42 Section 4 of the Agriculture and Consumer Protection Act of 1973, referred to in subsec. (b)(2)(B), is section 4 of Pub. L. 9386 section 612c of Title 7 The Emergency Food Assistance Act of 1983, referred to in subsec. (b)(2)(C), is title II of Pub. L. 988 Mar. 24, 1983 97 Stat. 35 section 7501 of Title 7 Codification Section was enacted as part of title VII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of title IV of that Act which comprises this chapter. Amendments 1999 Pub. L. 10678 SUBCHAPTER II ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS  1621. Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits (a) In general Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an alien who is not (1) a qualified alien (as defined in section 1641 of this title (2) a nonimmigrant under the Immigration and Nationality Act [ 8 U.S.C. 1101 (3) an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) is not eligible for any State or local public benefit (as defined in subsection (c)). (b) Exceptions Subsection (a) shall not apply with respect to the following State or local public benefits: (1) Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1396b(v)(3) of title 42 (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (4) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) are necessary for the protection of life or safety. (c) State or local public benefit defined (1) Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term State or local public benefit means (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. (2) Such term shall not apply (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99239 (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States. (3) Such term does not include any Federal public benefit under section 1611(c) of this title (d) State authority to provide for eligibility of illegal aliens for State and local public benefits A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) only through the enactment of a State law after August 22, 1996 ( Pub. L. 104193, title IV,  411 Aug. 22, 1996 110 Stat. 2268 Pub. L. 10533, title V Aug. 5, 1997 111 Stat. 639 Pub. L. 105306,  5(b) Oct. 28, 1998 112 Stat. 2927  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsecs. (a)(2) and (c)(2)(B), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 141 of the applicable compact of free association approved in Public Law 99239 section 201 of Pub. L. 99239 section 1901 of Title 48 section 201 of Pub. L. 99658 section 1931 of Title 48 Amendments 1998Subsec. (c)(2)(C). Pub. L. 105306 1997Subsec. (c)(2)(A). Pub. L. 10533,  5565 Public Law 99239 Subsec. (c)(3). Pub. L. 10533,  5581(b)(1) section 1611(c) of this title Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title Pilot Programs on Limiting Issuance of Drivers License to Illegal Aliens Pub. L. 104208, div. C, title V,  502 Sept. 30, 1996 110 Stat. 3009671 Sept. 30, 1996  1622. State authority to limit eligibility of qualified aliens for State public benefits (a) In general Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in section 1641 of this title 8 U.S.C. 1101 8 U.S.C. 1182(d)(5) (b) Exceptions Qualified aliens under this subsection shall be eligible for any State public benefits. (1) Time-limited exception for refugees and asylees (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 (B) An alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 (C) An alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) Public Law 104208 (D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 until 5 years after the alien is granted such status. (E) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 1 (2) Certain permanent resident aliens An alien who (A) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (B) (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 section 1645 of this title December 31, 1996 section 1613 of this title (3) Veteran and active duty exception An alien who is lawfully residing in any State and is (A) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 section 5303A(d) of title 38 (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or (C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 2 section 1304 of title 38 (4) Transition for those currently receiving benefits An alien who on August 22, 1996 August 22, 1996 January 1, 1997 ( Pub. L. 104193, title IV,  412 Aug. 22, 1996 110 Stat. 2269 Pub. L. 10533, title V Aug. 5, 1997 111 Stat. 599  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsecs. (a) and (b)(2)(A), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 243 of such Act, referred to in subsec. (b)(1)(C), is section 243 of act June 27, 1952 section 1253 of this title Section 1253 of this title Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612 section 307 of Pub. L. 104208 section 309 of Pub. L. 104208 section 1101 of this title Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(1)(D), is section 501(e) of Pub. L. 96422 section 1522 of this title Section 1612(a)(2)(A)(i)(V) of this title section 1612(a)(2)(A)(v) of this title Pub. L. 105185, title V,  503(2) June 23, 1998 112 Stat. 578 The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Amendments 1997Subsec. (b)(1)(C). Pub. L. 10533,  5581(b)(3) Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (b)(1)(D). Pub. L. 10533,  5302(c)(2) Subsec. (b)(1)(E). Pub. L. 10533,  5306(d) Subsec. (b)(3)(A). Pub. L. 10533,  5563(c) Pub. L. 10533,  5563(a) section 5303A(d) of title 38 Subsec. (b)(3)(C). Pub. L. 10533,  5563(b) section 1304 of title 38 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by sections 5302(c)(2) and 5306(d) of Pub. L. 10533 Pub. L. 104193 section 5308 of Pub. L. 10533 section 1612 of this title Amendment by sections 5562, 5563, and 5581(b)(3) of Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title  1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits (a) In general Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident. (b) Effective date This section shall apply to benefits provided on or after July 1, 1998 ( Pub. L. 104208, div. C, title V,  505 Sept. 30, 1996 110 Stat. 3009672  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.  1624. Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance (a) In general Subject to subsection (b) and notwithstanding any other provision of law, a State or political subdivision of a State is authorized to prohibit or otherwise limit or restrict the eligibility of aliens or classes of aliens for programs of general cash public assistance furnished under the law of the State or a political subdivision of a State. (b) Limitation The authority provided for under subsection (a) may be exercised only to the extent that any prohibitions, limitations, or restrictions imposed by a State or political subdivision of a State are not more restrictive than the prohibitions, limitations, or restrictions imposed under comparable Federal programs. For purposes of this section, attribution to an alien of a sponsors income and resources (as described in section 1631 of this title ( Pub. L. 104208, div. C, title V,  553 Sept. 30, 1996 110 Stat. 3009681  Editorial Notes Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.  1625. Authorization for verification of eligibility for State and local public benefits  A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in section 1621(c) of this title ( Pub. L. 104193, title IV,  413 Pub. L. 10533, title V,  5307(a) Aug. 5, 1997 111 Stat. 602  Statutory Notes and Related Subsidiaries Effective Date Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193 section 5308 of Pub. L. 10533 section 1612 of this title SUBCHAPTER III ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT  1631. Federal attribution of sponsors income and resources to alien (a) In general Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-tested public benefits program (as provided under section 1613 of this title (1) The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act [ 8 U.S.C. 1183a (2) The income and resources of the spouse (if any) of the person. (b) Duration of attribution period Subsection (a) shall apply with respect to an alien until such time as the alien (1) achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act [ 8 U.S.C. 1421 (2) (A) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 section 1645 of this title December 31, 1996 section 1613 of this title (c) Review of income and resources of alien upon reapplication Whenever an alien is required to reapply for benefits under any Federal means-tested public benefits program, the applicable agency shall review the income and resources attributed to the alien under subsection (a). (d) Application (1) If on August 22, 1996 August 22, 1996 (2) If on August 22, 1996 August 22, 1996 (3) This section shall not apply to assistance or benefits under the Food Stamp Act of 1977 1 1 7 U.S.C. 2011 section 1612(a)(2)(J) of this title (e) Indigence exception (1) In general For an alien for whom an affidavit of support under section 213A of the Immigration and Nationality Act [ 8 U.S.C. 1183a (2) Determination described A determination described in this paragraph is a determination by an agency that a sponsored alien would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the aliens own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. The agency shall notify the Attorney General of each such determination, including the names of the sponsor and the sponsored alien involved. (f) Special rule for battered spouse and child (1) In general Subject to paragraph (2) and notwithstanding any other provision of this section, subsection (a) shall not apply to benefits (A) during a 12 month period if the alien demonstrates that (i) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parents family residing in the same household as the alien and the spouse or parent consented to or acquiesced to such battery or cruelty, (ii) the aliens child has been battered or subjected to extreme cruelty in the United States by the spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouses or parents family residing in the same household as the alien when the spouse or parent consented or acquiesced to and the alien did not actively participate in such battery or cruelty, or (iii) the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parents spouse, or by a member of the spouses family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii) (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the public benefits applied for; and (B) after a 12 month period (regarding the batterers income and resources only) if the alien demonstrates that such battery or cruelty under subparagraph (A) has been recognized in an order of a judge or administrative law judge or a prior determination of the Immigration and Naturalization Service, and that such battery or cruelty (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the benefits. (2) Limitation The exception under paragraph (1) shall not apply to benefits for an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty. ( Pub. L. 104193, title IV,  421 Aug. 22, 1996 110 Stat. 2270 Pub. L. 104208, div. C, title V Sept. 30, 1996 110 Stat. 3009679 Pub. L. 10533, title V,  5571(d) Aug. 5, 1997 111 Stat. 641 Pub. L. 107171, title IV,  4401(b)(2)(B) May 13, 2002 116 Stat. 333  Editorial Notes  References in Text Section 213A of the Immigration and Nationality Act (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), referred to in subsec. (a)(1), is section 1183a of this title section 423 of Pub. L. 104193 section 551(a) of div. C of Pub. L. 104208 The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title The Social Security Act, referred to in subsec. (b)(2)(A), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 The Food Stamp Act of 1977, referred to in subsec. (d)(3), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88525 Aug. 31, 1964 78 Stat. 703 section 2011 of Title 7 Amendments 2002Subsec. (d)(3). Pub. L. 107171 1997Subsec. (f)(1)(A). Pub. L. 10533 1996Subsec. (a)(1). Pub. L. 104208,  551(b)(1) Subsecs. (e), (f). Pub. L. 104208,  552 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107171 Oct. 1, 2003 section 4401(b)(3) of Pub. L. 107171 section 2014 of Title 7 Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title Effective Date of 1996 Amendment Amendment by section 551(b)(1) of Pub. L. 104208 section 551(c) of Pub. L. 104208 section 1183a of this title  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1632. Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs (a) Optional application to State programs Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits, the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include (1) the income and resources of any individual who executed an affidavit of support pursuant to section 1183a of this title (2) the income and resources of the spouse (if any) of the individual. (b) Exceptions Subsection (a) shall not apply with respect to the following State public benefits: (1) Assistance described in section 1621(b)(1) of this title (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Programs comparable to assistance or benefits under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 (4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966 [ 42 U.S.C. 1771 (5) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance. (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) are necessary for the protection of life or safety. ( Pub. L. 104193, title IV,  422 Aug. 22, 1996 110 Stat. 2271 Pub. L. 104208, div. C, title V,  551(b)(1) Sept. 30, 1996 110 Stat. 3009679 Pub. L. 10533, title V,  5581(b)(2) Aug. 5, 1997 111 Stat. 643 Pub. L. 10678, title VII,  752(b)(6) Oct. 22, 1999 113 Stat. 1169  Editorial Notes  References in Text Section 1183a of this title section 1183a of this title section 423 of Pub. L. 104193 section 551(a) of div. C of Pub. L. 104208 The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(3), is act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42 The Child Nutrition Act of 1966, referred to in subsec. (b)(4), is Pub. L. 89642 Oct. 11, 1966 80 Stat. 885 section 1771 of Title 42 Amendments 1999Subsec. (b)(3). Pub. L. 10678 1997Subsec. (a). Pub. L. 10533 section 1622(c) of this title 1996Subsec. (a)(1). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title Effective Date of 1996 Amendment Amendment by Pub. L. 104208 section 551(c) of Pub. L. 104208 section 1183a of this title SUBCHAPTER IV GENERAL PROVISIONS  1641. Definitions (a) In general Except as otherwise provided in this chapter, the terms used in this chapter have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) (b) Qualified alien For purposes of this chapter, the term qualified alien means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is (1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 (2) an alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 (3) a refugee who is admitted to the United States under section 207 of such Act [ 8 U.S.C. 1157 (4) an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) (5) an alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 Public Law 104208 8 U.S.C. 1231(b)(3) Public Law 104208 (6) an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act [ 8 U.S.C. 1153(a)(7) April 1, 1980 (7) an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), or (8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 1612(b)(2)(G) of this title section 1612(b)(3)(C) of this title (c) Treatment of certain battered aliens as qualified aliens For purposes of this chapter, the term qualified alien includes (1) an alien who (A) has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parents family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and (B) has been approved or has a petition pending which sets forth a prima facie case for (i) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1154(a)(1)(A)(ii) (ii) classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act [ 8 U.S.C. 1154(a)(1)(B)(ii) (iii) suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [ 8 U.S.C. 1254(a)(3) 1 1 (iv) status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act [ 8 U.S.C. 1154(a)(1)(A)(i) 8 U.S.C. 1154(a)(1)(B)(i) 2 2 (v) cancellation of removal pursuant to section 240A(b)(2) of such Act [ 8 U.S.C. 1229b(b)(2) (2) an alien (A) whose child has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parents family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and (B) who meets the requirement of subparagraph (B) of paragraph (1); (3) an alien child who (A) resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parents spouse or by a member of the spouses family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and (B) who meets the requirement of subparagraph (B) of paragraph (1); or (4) an alien who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(T) This subsection shall not apply to an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty. After consultation with the Secretaries of Health and Human Services, Agriculture, and Housing and Urban Development, the Commissioner of Social Security, and with the heads of such Federal agencies administering benefits as the Attorney General considers appropriate, the Attorney General shall issue guidance (in the Attorney Generals sole and unreviewable discretion) for purposes of this subsection and section 1631(f) of this title ( Pub. L. 104193, title IV,  431 Aug. 22, 1996 110 Stat. 2274 Pub. L. 104208, div. C, title III,  308(g)(8)(E) Sept. 30, 1996 110 Stat. 3009624 Pub. L. 10533, title V Aug. 5, 1997 111 Stat. 599 Pub. L. 106386, div. B, title V,  1508 Oct. 28, 2000 114 Stat. 1530 Pub. L. 110457, title II,  211(a) Dec. 23, 2008 122 Stat. 5063 Pub. L. 116260, div. CC, title II,  208(c) Dec. 27, 2020 134 Stat. 2985  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 243 of such Act, referred to in subsec. (b)(5), is section 243 of act June 27, 1952 section 1253 of this title Section 1253 of this title Pub. L. 104208, div. C, title III,  307(a) Sept. 30, 1996 110 Stat. 3009612 section 307 of Pub. L. 104208 section 309 of Pub. L. 104208 section 1101 of this title Section 203(a)(7) of such Act as in effect prior to April 1, 1980 June 27, 1952 section 1153(a)(7) of this title Section 1153(a)(7) of this title Pub. L. 96212, title II,  203(c)(3) Mar. 17, 1980 94 Stat. 107 Apr. 1, 1980 Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(7), is section 501(e) of Pub. L. 96422 section 1522 of this title Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (c)(1)(B)(iii), is section 309 of title III of div. C of Pub. L. 104208 section 1101 of this title Amendments 2020Subsec. (b)(8). Pub. L. 116260 2008Subsec. (c)(4). Pub. L. 110457 2000Subsec. (c)(1)(B)(iii). Pub. L. 106386 April 1, 1997 1997Subsec. (b)(5). Pub. L. 10533,  5562 Public Law 104208 Public Law 104208 Subsec. (b)(7). Pub. L. 10533,  5302(c)(3) Subsec. (c). Pub. L. 10533,  5571(b) section 1631(f) of this title Subsec. (c)(1)(A). Pub. L. 10533,  5571(a) Subsec. (c)(1)(B)(iii). Pub. L. 10533,  5581(b)(7)(A) April 1, 1997 Subsec. (c)(1)(B)(v). Pub. L. 10533,  5581(b)(7)(B) Subsec. (c)(2)(A). Pub. L. 10533,  5571(a) Subsec. (c)(2)(B). Pub. L. 10533,  5581(b)(6) Subsec. (c)(3). Pub. L. 10533,  5571(c) 1996Subsec. (c). Pub. L. 104208,  501 Subsec. (c)(1)(B)(iii). Pub. L. 104208,  308(g)(8)(E) Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by section 208(c) of Pub. L. 116260 Dec. 27, 2020 section 208(e) of Pub. L. 116260 section 1612 of this title Effective Date of 2008 Amendment Pub. L. 110457, title II,  211(b) Dec. 23, 2008 122 Stat. 5063 The amendments made by subsection (a) [amending this section] shall apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act [ Dec. 23, 2008 Effective Date of 1997 Amendment Amendment by section 5302(c)(3) of Pub. L. 10533 Pub. L. 104193 section 5308 of Pub. L. 10533 section 1612 of this title Amendment by sections 5562, 5571(a)(c), 5581(b)(6), (7) of Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title Effective Date of 1996 Amendment Amendment by section 308(g)(8)(E) of Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of this title Amendment by section 501 of Pub. L. 104208 Sept. 30, 1996 section 591 of Pub. L. 104208 section 1101 of this title  1642. Verification of eligibility for Federal public benefits (a) In general (1) Not later than 18 months after August 22, 1996 section 1611(c) of this title section 1611 of this title section 1320b7 of title 42 August 5, 1997 (2) Not later than 18 months after August 22, 1996 section 1611(c) of this title (3) Not later than 90 days after August 5, 1997 8 U.S.C. 1101 8 U.S.C. 1182(d)(5) section 1621 of this title (b) State compliance Not later than 24 months after the date the regulations described in subsection (a) are adopted, a State that administers a program that provides a Federal public benefit shall have in effect a verification system that complies with the regulations. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the purpose of this section. (d) No verification requirement for nonprofit charitable organizations Subject to subsection (a), a nonprofit charitable organization, in providing any Federal public benefit (as defined in section 1611(c) of this title section 1621(c) of this title ( Pub. L. 104193, title IV,  432 Aug. 22, 1996 110 Stat. 2274 Pub. L. 104208, div. C, title V Sept. 30, 1996 110 Stat. 3009672 Pub. L. 10533, title V,  5572(a) Aug. 5, 1997 111 Stat. 641  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (a)(3), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title This chapter, referred to in subsec. (d), was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 Amendments 1997Subsec. (a)(1). Pub. L. 10533,  5572(a)(1) August 5, 1997 Subsec. (a)(3). Pub. L. 10533,  5572(a)(2) 1996Subsec. (a). Pub. L. 104208,  504 Subsec. (d). Pub. L. 104208,  508 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title  1643. Statutory construction (a) Limitation (1) Nothing in this chapter may be construed as an entitlement or a determination of an individuals eligibility or fulfillment of the requisite requirements for any Federal, State, or local governmental program, assistance, or benefits. For purposes of this chapter, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage. (2) Nothing in this chapter may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe (457 U.S. 202)(1982). (b) Benefit eligibility limitations applicable only with respect to aliens present in United States Notwithstanding any other provision of this chapter, the limitations on eligibility for benefits under this chapter shall not apply to eligibility for benefits of aliens who are not residing, or present, in the United States with respect to (1) wages, pensions, annuities, and other earned payments to which an alien is entitled resulting from employment by, or on behalf of, a Federal, State, or local government agency which was not prohibited during the period of such employment or service under section 274A [ 8 U.S.C. 1324a 8 U.S.C. 1101 (2) benefits under laws administered by the Secretary of Veterans Affairs. (c) Not applicable to foreign assistance This chapter does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General. (d) Severability If any provision of this chapter or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provisions of such to any person or circumstance shall not be affected thereby. ( Pub. L. 104193, title IV,  433 Aug. 22, 1996 110 Stat. 2275 Pub. L. 10533, title V,  5574 Aug. 5, 1997 111 Stat. 642  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Amendments 1997Subsecs. (b) to (d). Pub. L. 10533 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title  1644. Communication between State and local government agencies and Immigration and Naturalization Service  Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States. ( Pub. L. 104193, title IV,  434 Aug. 22, 1996 110 Stat. 2275  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1645. Qualifying quarters For purposes of this chapter, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [ 42 U.S.C. 401 (1) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien before the date on which the alien attains age 18, and (2) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased. No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996 section 1613 of this title section 6103 of title 26 ( Pub. L. 104193, title IV,  435 Aug. 22, 1996 110 Stat. 2275 Pub. L. 10533, title V,  5573 Aug. 5, 1997 111 Stat. 641  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Amendments 1997 Pub. L. 10533,  5573(a) section 6103 of title 26 Par. (1). Pub. L. 10533,  5573(b) Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5582 of Pub. L. 10533 section 1367 of this title  1646. Derivative eligibility for benefits  Notwithstanding any other provision of law, an alien who under the provisions of this chapter is ineligible for benefits under the food stamp program (as defined in section 1612(a)(3)(B) of this title section 1612(a)(3)(A) of this title ( Pub. L. 104193, title IV,  436 Pub. L. 10533, title V,  5305(a) Aug. 5, 1997 111 Stat. 601  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title meaning title IV of Pub. L. 104193 Aug. 22, 1996 110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26 Statutory Notes and Related Subsidiaries  Change of Name References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110246 section 2012 of Title 7 Effective Date Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193 section 5308 of Pub. L. 10533 section 1612 of this title CHAPTER 15 ENHANCED BORDER SECURITY AND VISA ENTRY REFORM    Sec.  1701. Definitions.  SUBCHAPTER IFUNDING  1711. Authorization of appropriations for hiring and training Government personnel.  1712. Authorization of appropriations for improvements in technology and infrastructure.  1713. Machine-readable visa fees.  1714. Surcharges related to consular services.  1715. Consular and Border Security Programs.  SUBCHAPTER IIINTERAGENCY INFORMATION SHARING  1721. Interim measures for access to and coordination of law enforcement and other information.  1722. Interoperable law enforcement and intelligence data system with name-matching capacity and training.  1723. Commission on Interoperable Data Sharing.  1724. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system (Chimera system).  SUBCHAPTER IIIVISA ISSUANCE  1731. Implementation of an integrated entry and exit data system.  1732. Machine-readable, tamper-resistant entry and exit documents.  1733. Terrorist lookout committees.  1734. Improved training for consular officers.  1735. Restriction on issuance of visas to nonimmigrants from countries that are state sponsors of international terrorism.  1736. Check of lookout databases.  1737. Tracking system for stolen passports.  1738. Identification documents for certain newly admitted aliens.  SUBCHAPTER IVINSPECTION AND ADMISSION OF ALIENS  1751. Study of the feasibility of a North American National Security Program.  1752. Staffing levels at ports of entry.  1752a. Model ports-of-entry.  1753. Joint United States-Canada projects for alternative inspections services.  SUBCHAPTER VFOREIGN STUDENTS AND EXCHANGE VISITORS  1761. Foreign student monitoring program.  1762. Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants.  SUBCHAPTER VIMISCELLANEOUS PROVISIONS  1771. General Accounting Office study.  1772. International cooperation.  1773. Statutory construction.  1774. Annual report on aliens who fail to appear after release on own recognizance.  1775. Retention of nonimmigrant visa applications by the Department of State.  1776. Training program.  1777. Establishment of Human Smuggling and Trafficking Center.  1778. Vulnerability and threat assessment.  1701. Definitions In this chapter: (1) Alien The term alien has the meaning given the term in section 1101(a)(3) of this title (2) Appropriate committees of Congress The term appropriate committees of Congress means the following: (A) The Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate. (B) The Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on International Relations of the House of Representatives. (3) Chimera system The term Chimera system means the interoperable electronic data system required to be developed and implemented by section 1722(a)(2) of this title (4) Federal law enforcement agencies The term Federal law enforcement agencies means the following: (A) The United States Secret Service. (B) The Drug Enforcement Administration. (C) The Federal Bureau of Investigation. (D) The Immigration and Naturalization Service. (E) The United States Marshall Service. (F) The Naval Criminal Investigative Service. (G) The Coast Guard. (H) The Diplomatic Security Service. (I) The United States Postal Inspection Service. (J) The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. (K) The United States Customs Service. (L) The National Park Service. (5) Intelligence community The term intelligence community has the meaning given that term in section 3003(4) of title 50 (6) President The term President means the President of the United States, acting through the Assistant to the President for Homeland Security, in coordination with the Secretary of State, the Commissioner of Immigration and Naturalization, the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Transportation, the Commissioner of U.S. Customs and Border Protection, and the Secretary of the Treasury. (7) USA PATRIOT Act The term USA PATRIOT Act means the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 ( Public Law 10756 ( Pub. L. 107173,  2 May 14, 2002 116 Stat. 544 Pub. L. 107296, title XI,  1112(c) Nov. 25, 2002 116 Stat. 2276 Pub. L. 108293, title VI,  619 Aug. 9, 2004 118 Stat. 1062 Pub. L. 114125, title VIII,  802(d)(2) Feb. 24, 2016 130 Stat. 210  Editorial Notes  References in Text This chapter, referred to in introductory provisions, was in the original this Act, meaning Pub. L. 107173 May 14, 2002 116 Stat. 543 The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, referred to in par. (7), was Pub. L. 10756 Oct. 26, 2001 115 Stat. 272 Pub. L. 10756 Pub. L. 109177, title I,  101(b) Mar. 9, 2006 120 Stat. 194 section 1 of Title 18 Amendments 2004Par. (4)(G). Pub. L. 108293 2002Par. (4)(J). Pub. L. 107296 Statutory Notes and Related Subsidiaries  Change of Name Commissioner of U.S. Customs and Border Protection substituted for Commissioner of Customs in par. (6) on authority of section 802(d)(2) of Pub. L. 114125 section 211 of Title 6 Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 Nov. 25, 2002 section 4 of Pub. L. 107296 section 101 of Title 6 Short Title Pub. L. 107173,  1(a) May 14, 2002 116 Stat. 543 This Act [enacting this chapter, amending sections 1187, 1201, 1221, 1356, 1372, and 1379 of this title, enacting provisions set out as notes under section 1221 of this title  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6 For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Achieving Operational Control on the Border Pub. L. 109367,  2 Oct. 26, 2006 120 Stat. 2638  (a)  In General Not later than 18 months after the date of the enactment of this Act [ Oct. 26, 2006 (1) systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful entry by aliens into the United States and facilitate access to the international land and maritime borders by United States Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. (b)  Operational Control Defined In this section, the term operational control means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. (c)  Report Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section. Border Surveillance Pub. L. 108458, title V,  5201 Dec. 17, 2004 118 Stat. 3733  (a)  In General Not later than 6 months after the date of enactment of this Act [ Dec. 17, 2004 (b)  Contents The plan submitted under subsection (a) shall include (1) recommendations for establishing command and control centers, operations sites, infrastructure, maintenance, and procurement; (2) cost estimates for the implementation of the plan and ongoing operations; (3) recommendations for the appropriate agent within the Department of Homeland Security to be the executive agency for remotely piloted aircraft operations; (4) the number of remotely piloted aircraft required for the plan; (5) the types of missions the plan would undertake, including (A) protecting the lives of people seeking illegal entry into the United States; (B) interdicting illegal movement of people, weapons, and other contraband across the border; (C) providing investigative support to assist in the dismantling of smuggling and criminal networks along the border; (D) using remotely piloted aircraft to serve as platforms for the collection of intelligence against smugglers and criminal networks along the border; and (E) further validating and testing of remotely piloted aircraft for airspace security missions; (6) the equipment necessary to carry out the plan; and (7) a recommendation regarding whether to expand the pilot program along the entire southwest border. (c)  Implementation The Secretary of Homeland Security shall implement the plan submitted under subsection (a) as a pilot program as soon as sufficient funds are appropriated and available for this purpose. (d)  Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. SUBCHAPTER I FUNDING  1711. Authorization of appropriations for hiring and training Government personnel (a) Additional personnel (1) INS inspectors Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of inspectors and associated support staff in the Immigration and Naturalization Service by the equivalent of at least 200 full-time employees over the number of inspectors and associated support staff in the Immigration and Naturalization Service authorized by the USA PATRIOT Act. (2) INS investigative personnel Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of investigative and associated support staff of the Immigration and Naturalization Service by the equivalent of at least 200 full-time employees over the number of investigators and associated support staff in the Immigration and Naturalization Service authorized by the USA PATRIOT Act. (3) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection, including such sums as may be necessary to provide facilities, attorney personnel and support staff, and other resources needed to support the increased number of inspectors, investigative staff, and associated support staff. (b) Authorization of appropriations for INS staffing (1)  1 1 There are authorized to be appropriated for the Department of Justice such sums as may be necessary to provide an increase in the annual rate of basic pay effective October 1, 2002 (A) for all journeyman Border Patrol agents and inspectors who have completed at least one years service and are receiving an annual rate of basic pay for positions at GS9 of the General Schedule under section 5332 of title 5 (B) for inspections assistants, from the annual rate of basic pay payable for positions at GS5 of the General Schedule under section 5332 of title 5 (C) for the support staff associated with the personnel described in subparagraphs (A) and (B), at the appropriate GS level of the General Schedule under such section 5332. (c) Authorization of appropriations for training There are authorized to be appropriated such sums as may be necessary (1) to appropriately train Immigration and Naturalization Service personnel on an ongoing basis (A) to ensure that their proficiency levels are acceptable to protect the borders of the United States; and (B) otherwise to enforce and administer the laws within their jurisdiction; (2) to provide adequate continuing cross-training to agencies staffing the United States border and ports of entry to effectively and correctly apply applicable United States laws; (3) to fully train immigration officers to use the appropriate lookout databases and to monitor passenger traffic patterns; and (4) to expand the Carrier Consultant Program described in section 1225a(b) of this title 2 2 (d) Authorization of appropriations for consular functions (1) Responsibilities The Secretary of State shall (A) implement enhanced security measures for the review of visa applicants; (B) staff the facilities and programs associated with the activities described in subparagraph (A); and (C) provide ongoing training for consular officers and diplomatic security agents. (2) Authorization of appropriations There are authorized to be appropriated for the Department of State such sums as may be necessary to carry out paragraph (1). ( Pub. L. 107173, title I,  101 May 14, 2002 116 Stat. 545  Editorial Notes  References in Text The USA PATRIOT Act, referred to in subsec. (a)(1), (2), is Pub. L. 10756 Oct. 26, 2001 115 Stat. 272 section 1 of Title 18 Section 1225a(b) of this title 8 U.S.C. 1225A(b) Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1712. Authorization of appropriations for improvements in technology and infrastructure (a) Funding of technology (1) Authorization of appropriations In addition to funds otherwise available for such purpose, there are authorized to be appropriated $150,000,000 to the Immigration and Naturalization Service for purposes of (A) making improvements in technology (including infrastructure support, computer security, and information technology development) for improving border security; (B) expanding, utilizing, and improving technology to improve border security; and (C) facilitating the flow of commerce and persons at ports of entry, including improving and expanding programs for preenrollment and preclearance. (2) Waiver of fees Federal agencies involved in border security may waive all or part of enrollment fees for technology-based programs to encourage participation by United States citizens and aliens in such programs. Any agency that waives any part of any such fee may establish its fees for other services at a level that will ensure the recovery from other users of the amounts waived. (3) Offset of increases in fees The Attorney General may, to the extent reasonable, increase land border fees for the issuance of arrival-departure documents to offset technology costs. (b) Improvement and expansion of INS, State Department, and customs facilities There are authorized to be appropriated to the Immigration and Naturalization Service and the Department of State such sums as may be necessary to improve and expand facilities for use by the personnel of those agencies. ( Pub. L. 107173, title I,  102 May 14, 2002 116 Stat. 546  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Use of Ground Surveillance Technologies for Border Security Pub. L. 10913, div. B, title III,  302 May 11, 2005 119 Stat. 316  (a)  Pilot Program Not later than 180 days after the date of the enactment of this division [ May 11, 2005 (1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border security of the United States; (2) assess the threats to the border security of the United States that could be addressed by the utilization of such technologies; and (3) assess the feasibility and advisability of utilizing such technologies to address such threats, including an assessment of the technologies considered best suited to address such threats. (b)  Additional Requirements. (1)  In general The pilot program shall include the utilization of a variety of ground surveillance technologies in a variety of topographies and areas (including both populated and unpopulated areas) on both the northern and southern borders of the United States in order to evaluate, for a range of circumstances (A) the significance of previous experiences with such technologies in homeland security or critical infrastructure protection for the utilization of such technologies for border security; (B) the cost, utility, and effectiveness of such technologies for border security; and (C) liability, safety, and privacy concerns relating to the utilization of such technologies for border security. (2)  Technologies The ground surveillance technologies utilized in the pilot program shall include the following: (A) Video camera technology. (B) Sensor technology. (C) Motion detection technology. (c)  Implementation The Under Secretary of Homeland Security for Border and Transportation Security shall implement the pilot program developed under this section. (d)  Report Not later than 1 year after implementing the pilot program under subsection (a), the Under Secretary shall submit a report on the program to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science [now Committee on Science, Space, and Technology], the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on the Judiciary. The Under Secretary shall include in the report a description of the program together with such recommendations as the Under Secretary finds appropriate, including recommendations for terminating the program, making the program permanent, or enhancing the program. Advanced Technology Northern Border Security Pilot Program Pub. L. 108458, title V Dec. 17, 2004 118 Stat. 3732  SEC. 5101. ESTABLISHMENT. The Secretary of Homeland Security may carry out a pilot program to test various advanced technologies that will improve border security between ports of entry along the northern border of the United States. SEC. 5102. PROGRAM REQUIREMENTS. (a)  Required Features The Secretary of Homeland Security shall design the pilot program under this subtitle to have the following features: (1) Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance. (2) Use of advanced computing and decision integration software for (A) evaluation of data indicating border incursions; (B) assessment of threat potential; and (C) rapid real-time communication, monitoring, intelligence gathering, deployment, and response. (3) Testing of advanced technology systems and software to determine best and most cost-effective uses of advanced technology to improve border security. (4) Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry with a relatively small presence of United States border patrol officers. (5) Capability to expand the program upon a determination by the Secretary that expansion would be an appropriate and cost-effective means of improving border security. (b)  Coordination With Other Agencies The Secretary of Homeland Security shall ensure that the operation of the pilot program under this subtitle (1) is coordinated among United States, State, local, and Canadian law enforcement and border security agencies; and (2) includes ongoing communication among such agencies. SEC. 5103. ADMINISTRATIVE PROVISIONS. (a)  Procurement of Advanced Technology The Secretary of Homeland Security may enter into contracts for the procurement or use of such advanced technologies as the Secretary determines appropriate for the pilot program under this subtitle. (b)  Program Partnerships In carrying out the pilot program under this subtitle, the Secretary of Homeland Security may provide for the establishment of cooperative arrangements for participation in the pilot program by such participants as law enforcement and border security agencies referred to in section 5102(b), institutions of higher education, and private sector entities. SEC. 5104. REPORT. (a)  Requirement for Report Not later than 1 year after the date of enactment of this Act [ Dec. 17, 2004 (b)  Content The report under subsection (a) shall include the following matters: (1) A discussion of the implementation of the pilot program, including the experience under the pilot program. (2) A recommendation regarding whether to expand the pilot program along the entire northern border of the United States and a timeline for the implementation of the expansion. SEC. 5105. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this subtitle.  1713. Machine-readable visa fees (a) Omitted (b) Fee amount The machine-readable visa fee charged by the Department of State shall be the higher of $65 or the cost of the machine-readable visa service, as determined by the Secretary of State after conducting a study of the cost of such service. (c) Surcharge The Department of State is authorized to charge a surcharge of $10, in addition to the machine-readable visa fee, for issuing a machine-readable visa in a nonmachine-readable passport. (d) Availability of collected fees Notwithstanding any other provision of law, amounts collected as fees described in this section shall be deposited in the Consular and Border Security Programs account to recover costs of providing consular services. Amounts so credited shall be available, until expended, for the same purposes as the appropriation to which credited. ( Pub. L. 107173, title I,  103 May 14, 2002 116 Stat. 547 Pub. L. 11531, div. J, title VII,  7081(b) May 5, 2017 131 Stat. 716  Editorial Notes Codification Section is comprised of section 103 of Pub. L. 107173 section 103 of Pub. L. 107173 section 1351 of this title Amendments 2017Subsec. (d). Pub. L. 11531  1714. Surcharges related to consular services  Beginning in fiscal year 2005 and thereafter, the Secretary of State is authorized to charge surcharges related to consular services in support of enhanced border security that are in addition to the passport and immigrant visa fees in effect on January 1, 2004 Provided Provided further ( Pub. L. 108447, div. B, title IV Dec. 8, 2004 118 Stat. 2896 Pub. L. 11531, div. J, title VII,  7081(c) May 5, 2017 131 Stat. 716  Editorial Notes Codification Section appears under the headings Administration of Foreign Affairs and Diplomatic and Consular Programs in title IV of div. B of Pub. L. 108447 Amendments 2017 Pub. L. 11531 Statutory Notes and Related Subsidiaries Authority to Administratively Amend Surcharges Pub. L. 109472,  6 Jan. 11, 2007 120 Stat. 3555  (a)  In General Beginning in fiscal year 2007 and thereafter, the Secretary of State is authorized to amend administratively the amounts of the surcharges related to consular services in support of enhanced border security (provided for in the last paragraph under the heading diplomatic and consular programs under title IV of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108447 January 1, 2004 (b)  Requirements In carrying out subsection (a) and the provision of law described in such subsection, the Secretary shall meet the following requirements: (1) The amounts of the surcharges shall be reasonably related to the costs of providing services in connection with the activity or item for which the surcharges are charged. (2) The aggregate amount of surcharges collected may not exceed the aggregate amount obligated and expended for the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharges are charged. (3) A surcharge may not be collected except to the extent the surcharge will be obligated and expended to pay the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharge is charged. (4) A surcharge shall be available for obligation and expenditure only to pay the costs related to consular services in support of enhanced border security incurred in providing services in connection with the activity or item for which the surcharge is charged.  1715. Consular and Border Security Programs (a) Separate fund There is established in the Treasury a separate fund to be known as the Consular and Border Security Programs account into which the following fees shall be deposited for the purposes of the consular and border security programs. (b) to (g) Omitted (h) Transfer of funds (1) The unobligated balances of amounts available from fees referenced under this section may be transferred to the Consular and Border Security Programs account. (2) Funds deposited in or transferred to the Consular and Border Security Programs account may be transferred between funds appropriated under the heading Administration of Foreign Affairs. (3) The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State. (i) Effective date The amendments made by this section shall take effect no later than October 1, 2018 ( Pub. L. 11531, div. J, title VII,  7081 May 5, 2017 131 Stat. 716  Editorial Notes Codification Section appears under the heading Consular and Border Security Programs in title VII of div. J of Pub. L. 11531 Section is comprised of section 7081 of title VII of div. J of Pub. L. 11531 section 7081 of Pub. L. 11531 section 214 of Title 22 section 214 of Title 22 Statutory Notes and Related Subsidiaries Transfer of Balances Pub. L. 117328, div. K, title VII,  7034 l Dec. 29, 2022 136 Stat. 5033 Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 11531 8 U.S.C. 1715(h) Similar provisions were contained in the following prior acts: Pub. L. 117103, div. K, title VII,  7034 l Mar. 15, 2022 136 Stat. 624 Pub. L. 116260, div. K, title VII,  7034 l Dec. 27, 2020 134 Stat. 1750 Pub. L. 11694, div. G, title VII,  7034 l Dec. 20, 2019 133 Stat. 2873 Pub. L. 1166, div. F, title VII,  7034(m)(9) Feb. 15, 2019 133 Stat. 327 SUBCHAPTER II INTERAGENCY INFORMATION SHARING  1721. Interim measures for access to and coordination of law enforcement and other information (a) Interim directive Until the plan required by subsection (c) is implemented, Federal law enforcement agencies and the intelligence community shall, to the maximum extent practicable, share any information with the Department of State and the Immigration and Naturalization Service relevant to the admissibility and deportability of aliens, consistent with the plan described in subsection (c). (b) Report identifying law enforcement and intelligence information (1) In general Not later than 120 days after May 14, 2002 8 U.S.C. 1101 (2) Omitted (c) Coordination plan (1) Requirement for plan Not later than one year after October 26, 2001 (2) Consultation requirement In the preparation and implementation of the plan under this subsection, the President shall consult with the appropriate committees of Congress. (3) Protections regarding information and uses thereof The plan under this subsection shall establish conditions for using the information described in subsection (b) received by the Department of State and Immigration and Naturalization Service (A) to limit the redissemination of such information; (B) to ensure that such information is used solely to determine whether to issue a visa to an alien or to determine the admissibility or deportability of an alien to the United States, except as otherwise authorized under Federal law; (C) to ensure the accuracy, security, and confidentiality of such information; (D) to protect any privacy rights of individuals who are subjects of such information; (E) to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information; and (F) in a manner that protects the sources and methods used to acquire intelligence information as required by section 4033(c)(7) of title 50 1 1 (4) Criminal penalties for misuse of information Any person who obtains information under this subsection without authorization or exceeding authorized access (as defined in section 1030(e) of title 18 ( Pub. L. 107173, title II,  201 May 14, 2002 116 Stat. 547 Pub. L. 108177, title III,  377(f) Dec. 13, 2003 117 Stat. 2631  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Section 4033 of title 50 Pub. L. 108458, title I,  1011(a) Dec. 17, 2004 118 Stat. 3643 section 3025 of Title 50 section 3024 of Title 50 Codification Section is comprised of section 201 of Pub. L. 107173 section 201 of Pub. L. 107173 section 1365a of this title section 201 of Pub. L. 107173 section 1379 of this title Amendments 2003Subsec. (c)(3)(F). Pub. L. 108177 section 4033(c)(7) of title 50 section 4033(c)(6) of title 50 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title Enhancement of Communications Integration and Information Sharing on Border Security Pub. L. 10913, div. B, title III,  303 May 11, 2005 119 Stat. 317  (a)  In General Not later than 180 days after the date of the enactment of this division [ May 11, 2005 (1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communications among the departments and agencies of the Federal Government and State, local government agencies, and Indian tribal agencies on matters relating to border security; and (2) to enhance information sharing among the departments and agencies of the Federal Government, State and local government agencies, and Indian tribal agencies on such matters. (b)  Report Not later than 1 year after implementing the plan under subsection (a), the Secretary shall submit a copy of the plan and a report on the plan, including any recommendations the Secretary finds appropriate, to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science [now Committee on Science, Space, and Technology], the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on the Judiciary.  1722. Interoperable law enforcement and intelligence data system with name-matching capacity and training (a) Interoperable law enforcement and intelligence electronic data system (1) Requirement for integrated immigration and naturalization data system The Immigration and Naturalization Service shall fully integrate all databases and data systems maintained by the Service that process or contain information on aliens. The fully integrated data system shall be an interoperable component of the electronic data system described in paragraph (2). (2) Requirement for interoperable data system Upon the date of commencement of implementation of the plan required by section 1721(c) of this title (3) Consultation requirement In the development and implementation of the data system under this subsection, the President shall consult with the Director of the National Institute of Standards and Technology (NIST) and any such other agency as may be deemed appropriate. (4) Technology standard (A) In general The data system developed and implemented under this subsection, and the databases referred to in paragraph (2), shall utilize the technology standard established pursuant to section 1379 of this title (B) Omitted (5) Access to information in data system Subject to paragraph (6), information in the data system under this subsection shall be readily and easily accessible (A) to any consular officer responsible for the issuance of visas; (B) to any Federal official responsible for determining an aliens admissibility to or deportability from the United States; and (C) to any Federal law enforcement or intelligence officer determined by regulation to be responsible for the investigation or identification of aliens. (6) Limitation on access The President shall, in accordance with applicable Federal laws, establish procedures to restrict access to intelligence information in the data system under this subsection, and the databases referred to in paragraph (2), under circumstances in which such information is not to be disclosed directly to Government officials under paragraph (5). (b) Name-search capacity and support (1) In general The interoperable electronic data system required by subsection (a) shall (A) have the capacity to compensate for disparate name formats among the different databases referred to in subsection (a); (B) be searchable on a linguistically sensitive basis; (C) provide adequate user support; (D) to the extent practicable, utilize commercially available technology; and (E) be adjusted and improved, based upon experience with the databases and improvements in the underlying technologies and sciences, on a continuing basis. (2) Linguistically sensitive searches (A) In general To satisfy the requirement of paragraph (1)(B), the interoperable electronic database shall be searchable based on linguistically sensitive algorithms that (i) account for variations in name formats and transliterations, including varied spellings and varied separation or combination of name elements, within a particular language; and (ii) incorporate advanced linguistic, mathematical, statistical, and anthropological research and methods. (B) Languages required (i) Priority languages Linguistically sensitive algorithms shall be developed and implemented for no fewer than 4 languages designated as high priorities by the Secretary of State, after consultation with the Attorney General and the Director of Central Intelligence. (ii) Implementation schedule Of the 4 linguistically sensitive algorithms required to be developed and implemented under clause (i) (I) the highest priority language algorithms shall be implemented within 18 months after May 14, 2002 (II) an additional language algorithm shall be implemented each succeeding year for the next three years. (3) Adequate user support The Secretary of State and the Attorney General shall jointly prescribe procedures to ensure that consular and immigration officers can, as required, obtain assistance in resolving identity and other questions that may arise about the names of aliens seeking visas or admission to the United States that may be subject to variations in format, transliteration, or other similar phenomenon. (4) Interim reports Six months after May 14, 2002 (5) Reports by intelligence agencies (A) Current standards Not later than 60 days after May 14, 2002 50 U.S.C. 4033 1 1 (B) Guidelines Not later than 120 days after May 14, 2002 (6) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subsection. ( Pub. L. 107173, title II,  202 May 14, 2002 116 Stat. 548  Editorial Notes  References in Text Section 309 of the Intelligence Authorization Act for Fiscal Year 1998, referred to in subsec. (b)(5), is section 309 of Pub. L. 105107 Nov. 20, 1997 111 Stat. 2253 section 4033 of Title 50 section 3024 of Title 50 Codification Section is comprised of section 202 of Pub. L. 107173 section 202 of Pub. L. 107173 section 1379 of this title Statutory Notes and Related Subsidiaries  Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1723. Commission on Interoperable Data Sharing (a) Establishment Not later than one year after October 26, 2001 (1) monitor the protections described in section 1721(c)(3) of this title (2) provide oversight of the interoperable electronic data system described in section 1722 of this title (3) report to Congress annually on the Commissions findings and recommendations. (b) Composition The Commission shall consist of nine members, who shall be appointed by the President, as follows: (1) One member, who shall serve as Chair of the Commission. (2) Eight members, who shall be appointed from a list of nominees jointly provided by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate. (c) Considerations The Commission shall consider recommendations regarding the following issues: (1) Adequate protection of privacy concerns inherent in the design, implementation, or operation of the interoperable electronic data system. (2) Timely adoption of security innovations, consistent with generally accepted security standards, to protect the integrity and confidentiality of information to prevent the risks of accidental or unauthorized loss, access, destruction, use modification, or disclosure of information. (3) The adequacy of mechanisms to permit the timely correction of errors in data maintained by the interoperable data system. (4) Other protections against unauthorized use of data to guard against the misuse of the interoperable data system or the data maintained by the system, including recommendations for modifications to existing laws and regulations to sanction misuse of the system. (d) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. ( Pub. L. 107173, title II,  203 May 14, 2002 116 Stat. 551  1724. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system (Chimera system) (a) In general Notwithstanding any other provision of law relating to position classification or employee pay or performance, the Attorney General may hire and fix the compensation of necessary scientific, technical, engineering, and other analytical personnel for the purpose of the development and implementation of the interoperable electronic data system described in section 1722(a)(2) of this title (b) Limitation on rate of pay Except as otherwise provided by law, no employee compensated under subsection (a) may be paid at a rate in excess of the rate payable for a position at level III of the Executive Schedule. (c) Limitation on total calendar year payments Total payments to employees under any system established under this section shall be subject to the limitation on payments to employees under section 5307 of title 5 (d) Operating plan Not later than 90 days after May 14, 2002 (1) describing the Attorney Generals intended use of the authority under this section; and (2) identifying any provisions of title 5 being waived for purposes of the development and implementation of the Chimera system. (e) Termination date The authority of this section shall terminate upon the implementation of the Chimera system. ( Pub. L. 107173, title II,  204 May 14, 2002 116 Stat. 551  Editorial Notes  References in Text Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5 Statutory Notes and Related Subsidiaries  Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 SUBCHAPTER III VISA ISSUANCE  1731. Implementation of an integrated entry and exit data system (a) Development of system In developing the integrated entry and exit data system for the ports of entry, as required by the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106215 (1) implement, fund, and use a technology standard under section 1379 of this title (2) establish a database containing the arrival and departure data from machine-readable visas, passports, and other travel and entry documents possessed by aliens; and (3) make interoperable all security databases relevant to making determinations of admissibility under section 1182 of this title (b) Implementation In implementing the provisions of subsection (a), the Immigration and Naturalization Service and the Department of State shall (1) utilize technologies that facilitate the lawful and efficient cross-border movement of commerce and persons without compromising the safety and security of the United States; and (2) consider implementing the North American National Security Program described in section 1751 of this title ( Pub. L. 107173, title III,  302 May 14, 2002 116 Stat. 552  Editorial Notes  References in Text The Immigration and Naturalization Service Data Management Improvement Act of 2000, referred to in subsec. (a), is Pub. L. 106215 June 15, 2000 114 Stat. 337 section 1365a of this title section 1101 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1732. Machine-readable, tamper-resistant entry and exit documents (a) Report (1) In general Not later than 180 days after May 14, 2002 October 26, 2004 (A) implementation of the requirements of subsections (b) and (c); and (B) deployment of the equipment and software to allow biometric comparison and authentication of the documents described in subsections (b) and (c). (2) Estimates In addition to the assessment required by paragraph (1), the report required by that paragraph shall include an estimate of the costs to be incurred, and the personnel, man-hours, and other support required, by the Department of Justice, the Department of State, and NIST to achieve the objectives of subparagraphs (A) and (B) of paragraph (1). (b) Requirements (1) In general Not later than October 26, 2004 (2) Readers and scanners at ports of entry (A) In general Not later than October 26, 2005 (B) Use of readers and scanners The Attorney General, in consultation with the Secretary of State, shall utilize biometric data readers and scanners that (i) domestic and international standards organizations determine to be highly accurate when used to verify identity; (ii) can read the biometric identifiers utilized under subsections (b)(1) and (c)(1); and (iii) can authenticate the document presented to verify identity. (3) Use of technology standard The systems employed to implement paragraphs (1) and (2) shall utilize the technology standard established pursuant to section 1379 of this title (c) Repealed. Pub. L. 114113, div. O, title II,  202(c) Dec. 18, 2015 129 Stat. 2989 (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section, including reimbursement to international and domestic standards organizations. ( Pub. L. 107173, title III,  303 May 14, 2002 116 Stat. 553 Pub. L. 108299,  1 Aug. 9, 2004 118 Stat. 1100 Pub. L. 114113, div. O, title II,  202(c) Dec. 18, 2015 129 Stat. 2989  Editorial Notes Amendments 2015Subsec. (c). Pub. L. 114113 2004Subsecs. (b)(2)(A), (c)(1), (2). Pub. L. 108299 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1733. Terrorist lookout committees (a) Establishment The Secretary of State shall require a terrorist lookout committee to be maintained within each United States mission to a foreign country. (b) Purpose The purpose of each committee established under subsection (a) shall be (1) to utilize the cooperative resources of all elements of the United States mission in the country in which the consular post is located to identify known or potential terrorists and to develop information on those individuals; (2) to ensure that such information is routinely and consistently brought to the attention of appropriate United States officials for use in administering the immigration laws of the United States; and (3) to ensure that the names of known and suspected terrorists are entered into the appropriate lookout databases. (c) Composition; chair The Secretary shall establish rules governing the composition of such committees. (d) Meetings Each committee established under subsection (a) shall meet at least monthly to share information pertaining to the committees purpose as described in subsection (b)(2). (e) Periodic reports to the Secretary of State Each committee established under subsection (a) shall submit monthly reports to the Secretary of State describing the committees activities, whether or not information on known or suspected terrorists was developed during the month. (f) Repealed. Pub. L. 113235, div. J, title VII,  7034(i) Dec. 16, 2014 128 Stat. 2624 (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to implement this section. ( Pub. L. 107173, title III,  304 May 14, 2002 116 Stat. 554 Pub. L. 113235, div. J, title VII,  7034(i) Dec. 16, 2014 128 Stat. 2624  Editorial Notes Amendments 2014Subsec. (f). Pub. L. 113235  1734. Improved training for consular officers (a) Training The Secretary of State shall require that all consular officers responsible for adjudicating visa applications, before undertaking to perform consular responsibilities, receive specialized training in the effective screening of visa applicants who pose a potential threat to the safety or security of the United States. Such officers shall be specially and extensively trained in the identification of aliens inadmissible under section 1182(a)(3)(A) and (B) of this title, interagency and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants. In accordance with section 1776 of this title (b) Use of foreign intelligence information As an ongoing component of the training required in subsection (a), the Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies, and the intelligence community to compile and disseminate to the Bureau of Consular Affairs reports, bulletins, updates, and other current unclassified information relevant to terrorists and terrorism and to screening visa applicants who pose a potential threat to the safety or security of the United States. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to implement this section. ( Pub. L. 107173, title III,  305 May 14, 2002 116 Stat. 555 Pub. L. 108458, title VII,  7203(c) Dec. 17, 2004 118 Stat. 3814  Editorial Notes Amendments 2004Subsec. (a). Pub. L. 108458 section 1776 of this title  1735. Restriction on issuance of visas to nonimmigrants from countries that are state sponsors of international terrorism (a) In general No nonimmigrant visa under section 1101(a)(15) of this title (b) State sponsor of international terrorism defined (1) In general In this section, the term state sponsor of international terrorism means any country the government of which has been determined by the Secretary of State under any of the laws specified in paragraph (2) to have repeatedly provided support for acts of international terrorism. (2) Laws under which determinations were made The laws specified in this paragraph are the following: (A)  Section 4605(j)(1)(A) of title 50 1 1 (B)  Section 2780(d) of title 22 (C)  Section 2371(a) of title 22 ( Pub. L. 107173, title III,  306 May 14, 2002 116 Stat. 555  Editorial Notes  References in Text Section 4605(j)(1)(A) of title 50 Pub. L. 115232, div. A, title XVII,  1766(a) Aug. 13, 2018 132 Stat. 2232 section 4605(j)(1)(A) of title 50 section 4813(c)(1)(A)(i) of title 50 Pub. L. 115232 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1736. Check of lookout databases  Prior to the admission of an alien under the visa waiver program established under section 1187 of this title ( Pub. L. 107173, title III,  307(b) May 14, 2002 116 Stat. 556  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1737. Tracking system for stolen passports (a) Entering stolen passport identification numbers in the interoperable data system (1) In general Beginning with implementation under section 1722 of this title (2) Entry of information on previously lost or stolen passports To the extent practicable, the Attorney General, in consultation with the Secretary of State, shall enter into such system the corresponding identification numbers for the United States and foreign passports lost or stolen prior to the implementation of such system. (b) Transition period Until such time as the law enforcement and intelligence data system described in section 1722 of this title ( Pub. L. 107173, title III,  308 May 14, 2002 116 Stat. 556  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1738. Identification documents for certain newly admitted aliens  Not later than 180 days after May 14, 2002 section 1157 of this title section 1158 of this title ( Pub. L. 107173, title III,  309 May 14, 2002 116 Stat. 556  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title SUBCHAPTER IV INSPECTION AND ADMISSION OF ALIENS  1751. Study of the feasibility of a North American National Security Program (a) In general The President shall conduct a study of the feasibility of establishing a North American National Security Program to enhance the mutual security and safety of the United States, Canada, and Mexico. (b) Study elements In conducting the study required by subsection (a), the President shall consider the following: (1) Preclearance The feasibility of establishing a program enabling foreign national travelers to the United States to submit voluntarily to a preclearance procedure established by the Department of State and the Immigration and Naturalization Service to determine whether such travelers are admissible to the United States under section 1182 of this title (2) Preinspection The feasibility of expanding preinspection facilities at foreign airports as described in section 1225a of this title (3) Conditions A determination of the measures necessary to ensure that the conditions required by section 1225a(a)(5) of this title (c) Report Not later than 1 year after May 14, 2002 (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. ( Pub. L. 107173, title IV,  401 May 14, 2002 116 Stat. 557  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1752. Staffing levels at ports of entry  The Immigration and Naturalization Service shall staff ports of entry at such levels that would be adequate to meet traffic flow and inspection time objectives efficiently without compromising the safety and security of the United States. Estimated staffing levels under workforce models for the Immigration and Naturalization Service shall be based on the goal of providing immigration services described in section 1356(g) of this title ( Pub. L. 107173, title IV,  403(b) May 14, 2002 116 Stat. 559  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1752a. Model ports-of-entry (a) In general The Secretary of Homeland Security shall (1) establish a model ports-of-entry program for the purpose of providing a more efficient and welcoming international arrival process in order to facilitate and promote business and tourist travel to the United States, while also improving security; and (2) implement the program initially at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of August 3, 2007 (b) Program elements The program shall include (1) enhanced queue management in the Federal Inspection Services area leading up to primary inspection; (2) assistance for foreign travelers once they have been admitted to the United States, in consultation, as appropriate, with relevant governmental and nongovernmental entities; and (3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome videos. (c) Additional Customs and Border Protection officers for high-volume ports Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary of Homeland Security shall employ not fewer than an additional 200 Customs and Border Protection officers over the number of such positions for which funds were appropriated for the proceeding fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of August 3, 2007 ( Pub. L. 11053, title VII,  725 Aug. 3, 2007 121 Stat. 350  Editorial Notes Codification Section was enacted as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.  1753. Joint United States-Canada projects for alternative inspections services (a) In general United States border inspections agencies, including the Immigration and Naturalization Service, acting jointly and under an agreement of cooperation with the Government of Canada, may conduct joint United States-Canada inspections projects on the international border between the two countries. Each such project may provide alternative inspections services and shall undertake to harmonize the criteria for inspections applied by the two countries in implementing those projects. (b) Annual report The Attorney General and the Secretary of the Treasury shall prepare and submit annually to Congress a report on the joint United States-Canada inspections projects conducted under subsection (a). (c) Exemption from Administrative Procedure Act and Paperwork Reduction Act Subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act) and chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act) shall not apply to fee setting for services and other administrative requirements relating to projects described in subsection (a), except that fees and forms established for such projects shall be published as a notice in the Federal Register. ( Pub. L. 107173, title IV,  404 May 14, 2002 116 Stat. 560  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title SUBCHAPTER V FOREIGN STUDENTS AND EXCHANGE VISITORS  1761. Foreign student monitoring program (a) Omitted (b) Information required of the visa applicant Prior to the issuance of a visa under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 1101(a)(15) of this title (1) The aliens address in the country of origin. (2) The names and addresses of the aliens spouse, children, parents, and siblings. (3) The names of contacts of the alien in the aliens country of residence who could verify information about the alien. (4) Previous work history, if any, including the names and addresses of employers. (c) Transitional program (1) In general Not later than 120 days after May 14, 2002 section 1372 of this title (A) Restrictions on issuance of visas A visa may not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 1101(a)(15) of this title (i) the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the aliens acceptance at that institution; and (ii) the consular officer has adequately reviewed the applicants visa record. (B) Notification upon visa issuance Upon the issuance of a visa under section 1101(a)(15)(F) or (M) of this title to an alien, the Secretary of State shall transmit to the Immigration and Naturalization Service a notification of the issuance of that visa. (C) Notification upon admission of alien The Immigration and Naturalization Service shall notify the approved institution of higher education or other approved educational institution that an alien accepted for such institution or program has been admitted to the United States. (D) Notification of failure of enrollment Not later than 30 days after the deadline for registering for classes for an academic term, the approved institution of higher education or other approved educational institution shall inform the Immigration and Naturalization Service through data-sharing arrangements of any failure of any alien described in subparagraph (C) to enroll or to commence participation. (2) Requirement to submit list of approved institutions Not later than 30 days after May 14, 2002 (3) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. ( Pub. L. 107173, title V,  501 May 14, 2002 116 Stat. 560  Editorial Notes Codification Section is comprised of section 501 of Pub. L. 107173 section 501 of Pub. L. 107173 section 1372 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1762. Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants (a) Periodic review of compliance Not later than two years after May 14, 2002 (1) recordkeeping and reporting requirements to receive nonimmigrants under section 1101(a)(15)(F), (M), or (J) of this title; and (2) recordkeeping and reporting requirements under section 1372 of this title (b) Periodic review of sponsors of exchange visitors (1) Requirement for reviews Not later than two years after May 14, 2002 section 1101(a)(15)(J) of this title (2) Determinations On the basis of reviews of entities under paragraph (1), the Secretary shall determine whether the entities are in compliance with (A) recordkeeping and reporting requirements to receive nonimmigrant exchange visitor program participants under section 1101(a)(15)(J) of this title (B) recordkeeping and reporting requirements under section 1372 of this title (c) Effect of material failure to comply Material failure of an institution or other entity to comply with the recordkeeping and reporting requirements to receive nonimmigrant students or exchange visitor program participants under section 1101(a)(15)(F), (M), or (J) of this title, or section 1372 of this title ( Pub. L. 107173, title V,  502 May 14, 2002 116 Stat. 563  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title SUBCHAPTER VI MISCELLANEOUS PROVISIONS  1771. General Accounting Office study (a) Requirement for study (1) In general The Comptroller General of the United States shall conduct a study to determine the feasibility and utility of implementing a requirement that each nonimmigrant alien in the United States submit to the Commissioner of Immigration and Naturalization each year a current address and, where applicable, the name and address of an employer. (2) Nonimmigrant alien defined In paragraph (1), the term nonimmigrant alien means an alien described in section 1101(a)(15) of this title (b) Report Not later than 1 year after May 14, 2002 ( Pub. L. 107173, title VI,  602 May 14, 2002 116 Stat. 564  Statutory Notes and Related Subsidiaries  Change of Name General Accounting Office redesignated Government Accountability Office by section 8 of Pub. L. 108271 section 702 of Title 31  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1772. International cooperation (a) International electronic data system The Secretary of State and the Commissioner of Immigration and Naturalization, in consultation with the Assistant to the President for Homeland Security, shall jointly conduct a study of the alternative approaches (including the costs of, and procedures necessary for, each alternative approach) for encouraging or requiring Canada, Mexico, and countries treated as visa waiver program countries under section 217 of the Immigration and Nationality Act [ 8 U.S.C. 1187 (1) facilitates real-time access to that countrys law enforcement and intelligence information that is needed by the Department of State and the Immigration and Naturalization Service to screen visa applicants and applicants for admission into the United States to identify aliens who are inadmissible or deportable under the Immigration and Nationality Act ( 8 U.S.C. 1101 (2) is interoperable with the electronic data system implemented under section 1722 of this title (3) performs in accordance with implementation of the technology standard referred to in section 1722(a) of this title (b) Report Not later than 1 year after May 14, 2002 ( Pub. L. 107173, title VI,  603 May 14, 2002 116 Stat. 564  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (a)(1), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1773. Statutory construction  Nothing in this chapter shall be construed to impose requirements that are inconsistent with the USMCA (as defined in section 4502 of title 19 section 1182(d)(4)(B) of this title ( Pub. L. 107173, title VI,  604 May 14, 2002 116 Stat. 565 Pub. L. 116113, title V,  503(d)(2) Jan. 29, 2020 134 Stat. 72  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 107173 May 14, 2002 116 Stat. 543 section 1701 of this title Amendments 2020 Pub. L. 116113 section 4502 of title 19 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by Pub. L. 116113 July 1, 2020 section 503(f) of Pub. L. 116113 section 1184 of this title  1774. Annual report on aliens who fail to appear after release on own recognizance (a) Requirement for report Not later than January 15 of each year, the Attorney General shall submit to the appropriate committees of Congress a report on the total number of aliens who, during the preceding year, failed to attend a removal proceeding after having been arrested outside a port of entry, served a notice to appear under section 1229(a)(1) of this title (b) Initial report Notwithstanding the time for submission of the annual report provided in subsection (a), the report for 2001 shall be submitted not later than 6 months after May 14, 2002 ( Pub. L. 107173, title VI,  605 May 14, 2002 116 Stat. 565  Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title  1775. Retention of nonimmigrant visa applications by the Department of State  The Department of State shall retain, for a period of seven years from the date of application, every application for a nonimmigrant visa under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) 8 U.S.C. 1101 ( Pub. L. 107173, title VI,  606 May 14, 2002 116 Stat. 565  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this title  1776. Training program (1) Review, evaluation, and revision of existing training programs The Secretary of Homeland Security shall (A) review and evaluate the training regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel that is provided to personnel of the Department of Homeland Security; (B) in coordination with the Secretary of State, review and evaluate the training described in subparagraph (A) that is provided to relevant personnel of the Department of State; and (C) in coordination with the Secretary of State, develop and implement an initial training and periodic retraining program (i) to teach border, immigration, and consular officials (who inspect or review travel or identity documents as part of their official duties) how to effectively detect, intercept, and disrupt terrorist travel; and (ii) to ensure that the officials described in clause (i) regularly receive the most current information on such matters and are periodically retrained on the matters described in paragraph (2). (2) Required topics of revised programs The training program developed under paragraph (1)(C) shall include training in (A) methods for identifying fraudulent and genuine travel documents; (B) methods for detecting terrorist indicators on travel documents and other relevant identity documents; (C) recognition of travel patterns, tactics, and behaviors exhibited by terrorists; (D) effective utilization of information contained in databases and data systems available to the Department of Homeland Security; and (E) other topics determined to be appropriate by the Secretary of Homeland Security, in consultation with the Secretary of State or the Director of National Intelligence. (3) Implementation (A) Department of Homeland Security (i) In general The Secretary of Homeland Security shall provide all border and immigration officials who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C). (ii) Report to Congress Not later than 12 months after December 17, 2004 (I) describes the number of border and immigration officials who inspect or review identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i); (II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i); (III) provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and (IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii). (B) Department of State (i) In general The Secretary of State shall provide all consular officers who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C). (ii) Report to Congress Not later than 12 months after December 17, 2004 (I) describes the number of consular officers who inspect or review travel or identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i); (II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i); (III) provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and (IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii). (4) Assistance to others The Secretary of Homeland Security may assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence. (5) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009 to carry out the provisions of this section. ( Pub. L. 108458, title VII,  7201(d) Dec. 17, 2004 118 Stat. 3811  Editorial Notes Codification Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter. Statutory Notes and Related Subsidiaries Findings Pub. L. 108458, title VII,  7201(a) Dec. 17, 2004 118 Stat. 3808  Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Travel documents are as important to terrorists as weapons since terrorists must travel clandestinely to meet, train, plan, case targets, and gain access to attack sites. (2) International travel is dangerous for terrorists because they must surface to pass through regulated channels, present themselves to border security officials, or attempt to circumvent inspection points. (3) Terrorists use evasive, but detectable, methods to travel, such as altered and counterfeit passports and visas, specific travel methods and routes, liaisons with corrupt government officials, human smuggling networks, supportive travel agencies, and immigration and identity fraud. (4) Before September 11, 2001 (5) Many of the hijackers were potentially vulnerable to interception by border authorities. Analyzing their characteristic travel documents and travel patterns could have allowed authorities to intercept some of the hijackers and a more effective use of information available in government databases could have identified some of the hijackers. (6) The routine operations of our immigration laws and the aspects of those laws not specifically aimed at protecting against terrorism inevitably shaped al Qaedas planning and opportunities. (7) New insights into terrorist travel gained since September 11, 2001 (8) The small classified terrorist travel intelligence collection and analysis program currently in place has produced useful results and should be expanded.  1777. Establishment of Human Smuggling and Trafficking Center (a) Establishment There is established a Human Smuggling and Trafficking Center (referred to in this section as the Center). (b) Operation The Secretary of State, the Secretary of Homeland Security, and the Attorney General shall operate the Center in accordance with the Memorandum of Understanding entitled, Human Smuggling and Trafficking Center (HSTC), Charter. (c) Functions In addition to such other responsibilities as the President may assign, the Center shall (1) serve as the focal point for interagency efforts to integrate and disseminate intelligence and information related to terrorist travel; (2) serve as a clearinghouse with respect to all relevant information from all Federal Government agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist travel and facilitation of migrant smuggling and trafficking of persons; (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence agencies of the Federal Government to improve effectiveness and to convert all information available to the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and trafficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and (4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators. (d) Director The Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the Human Smuggling and Trafficking Center (HSTC) Charter. (e) Staffing of the Center (1) In general The Secretary of Homeland Security, in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer than 40 full-time equivalent positions, including, as appropriate, detailees from the following: (A) Agencies and offices within the Department of Homeland Security, including the following: (i) The Office of Intelligence and Analysis. (ii) The Transportation Security Administration. (iii) United States Citizenship and Immigration Services. (iv) United States Customs and Border Protection. (v) The United States Coast Guard. (vi) United States Immigration and Customs Enforcement. (B) Other departments, agencies, or entities, including the following: (i) The Central Intelligence Agency. (ii) The Department of Defense. (iii) The Department of the Treasury. (iv) The National Counterterrorism Center. (v) The National Security Agency. (vi) The Department of Justice. (vii) The Department of State. (viii) Any other relevant agency or department. (2) Expertise of detailees The Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure that the detailees provided to the Center under such paragraph include an adequate number of personnel who are (A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and (B) personnel with experience in the areas of (i) consular affairs; (ii) counterterrorism; (iii) criminal law enforcement; (iv) intelligence analysis; (v) prevention and detection of document fraud; (vi) border inspection; (vii) immigration enforcement; or (viii) human trafficking and combating severe forms of trafficking in persons. (3) Enhanced personnel management (A) Incentives for service in certain positions (i) In general The Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particularly for serving terms of at least two years duration. (ii) Forms of incentives Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Secretary and the heads of other relevant agencies, 1 1 (B) Enhanced promotion for service at the Center Notwithstanding any other provision of law, the Secretary of Homeland Security, and the heads of other relevant agencies, shall ensure that personnel who are assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than similarly situated personnel of such agencies who are not so assigned or detailed, except that this subparagraph shall not apply in the case of personnel who are subject to the provisions of the Foreign Service Act of 1980 [ 22 U.S.C. 3901 (f) Administrative support and funding The Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions. (g) Report (1) Initial report Not later than 180 days after December 17, 2004 (2) Follow-up report Not later than 180 days after August 3, 2007 (A) the roles and responsibilities of each agency or department that is participating in the Center; (B) the mechanisms used to share information among each such agency or department; (C) the personnel provided to the Center by each such agency or department; (D) the type of information and reports being disseminated by the Center; (E) any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared; (F) how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts; (G) efforts to consolidate networked systems for the Center; (H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 485(b) of title 6 (I) the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel; (J) how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and (K) cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel. (h) Relationship to the NCTC As part of its mission to combat terrorist travel, the Center shall work to support the efforts of the National Counterterrorism Center. (i) Coordination with the Office of Intelligence and Analysis The Office of Intelligence and Analysis, in coordination with the Center, shall submit to relevant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel. ( Pub. L. 108458, title VII,  7202 Dec. 17, 2004 118 Stat. 3813 Pub. L. 11053, title VII,  721(a) Aug. 3, 2007 121 Stat. 346348  Editorial Notes  References in Text The Foreign Service Act of 1980, referred to in subsec. (e)(3)(B), is Pub. L. 96465 Oct. 17, 1980 94 Stat. 2071 section 3901 of Title 22 Codification Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter. Amendments 2007Subsec. (c)(1). Pub. L. 11053,  721(a)(1) Subsecs. (d) to (f). Pub. L. 11053,  721(a)(3) Subsec. (g). Pub. L. 11053,  721(b) December 17, 2004 Pub. L. 11053,  721(a)(2) Subsec. (h). Pub. L. 11053,  721(a)(2) Subsec. (i). Pub. L. 11053,  721(c) Executive Documents  Delegation of Functions For assignment of functions of President under subsec. (g) of this section, see section 1 of Memorandum of President of the United States, Apr. 21, 2005 section 301 of Title 3  1778. Vulnerability and threat assessment (a) Study The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs and Border Protection that has responsibility for any portion of the United States borders with Canada and Mexico. The Under Secretary shall conduct follow-up studies at least once every 5 years. (b) Report to Congress The Under Secretary shall submit a report to Congress on the Under Secretarys findings and conclusions from each study conducted under subsection (a) together with legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study. (c) Authorization of appropriations There are authorized to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be necessary for fiscal years 2006 through 2011 to carry out any such recommendations from the first study conducted under subsection (a). ( Pub. L. 10913, div. B, title III,  301 May 11, 2005 119 Stat. 316  Editorial Notes Codification Section was enacted as part of the REAL ID Act of 2005, and also as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.