I

103D CONGRESS

1ST SESSION H. R. 2483

To amend the Immigration and Nationality Act to make changes in the

laws relating to nonimmigrants and immigrants.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1993

Mr. MAZZOLI (for himself, Mr. SCHUMER, and Mr. NADLER) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to make

changes in the laws relating to nonimmigrants and immigrants.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Amend5 ments of 1993’’.

6 SEC. 2. ELIMINATION OF SUNSET FOR CERTAIN G–4 SPE7 CIAL IMMIGRANT PROVISIONS.

8 (a) IN GENERAL.—Section 101(a)(27)(I)(iii)(II) of

9 the Immigration and Nationality Act (8 U.S.C.
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1 1101(a)(27)(I)(iii)(II)) is amended by striking ‘‘before

2 January 1, 1993, and’’.

3 (b) CONFORMING AMENDMENTS.—Section

4 101(a)(27)(I) of such Act is further amended by striking

5 ‘‘or six months after the date of the enactment of the Im6 migration Technical Corrections Act of 1988, whichever

7 is later’’ each place it appears.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on the date of the enactment

10 of this Act.

11 SEC. 3. SPECIAL IMMIGRANT STATUS AND NONIMMIGRANT

12 STATUS FOR CERTAIN USIA EMPLOYEES.

13 (a) SPECIAL IMMIGRANT STATUS.—

14 (1) IN GENERAL.—Section 101(a)(27) of the

15 Immigration and Nationality Act (8 U.S.C.

16 1101(a)(27)) is amended—

17 (A) by striking ‘‘or’’ at the end of subpara18 graph (J),

19 (B) by striking the period at the end of

20 subparagraph (K) and inserting ‘‘; or’’, and

21 (C) by adding at the end the following new

22 subparagraph:

23 ‘‘(L)(i) an immigrant who the Director of the

24 United States Information Agency certifies to the

25 Attorney General (I) possesses foreign language
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1 skills essential to the Agency’s broadcasting activi2 ties, and (II) is employed, and has been employed

3 for 1 year, by the Agency in the United States in

4 a capacity requiring the utilization of such skills,

5 and (ii) the spouse or child of such an immigrant if

6 accompanying or following to join the immigrant.’’.

7 (2) NUMERICAL LIMITATION FOR SPECIAL IM8 MIGRANT STATUS.—Section 203(b)(4) of the Immi9 gration and Nationality Act (8 U.S.C. 1153(b)(4)) is

10 amended by inserting before the period at the end

11 the following: ‘‘and of which not more than 150 shall

12 be available in fiscal year 1994, and not more than

13 50 shall be available in any subsequent fiscal year,

14 to special immigrants described in section

15 101(a)(27)(L)(i)’’.

16 (3) PETITIONING PROCESS FOR SPECIAL IMMI17 GRANT STATUS.—Section 204(a)(1)(E) of the Immi18 gration and Nationality Act is amended—

19 (A) in clause (i), by inserting ‘‘or

20 101(a)(27)(L)’’ after ‘‘101(a)(27)(D)’’, and

21 (B) by adding at the end the following new

22 clause:

23 ‘‘(iii) In the case of an alien seeking classification as

24 a special immigrant described in section 101(a)(27)(L),

25 the Attorney General shall approve such a classification
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1 upon receipt of a certification described in such section

2 issued by the Director of the United States Information

3 Agency if the alien is otherwise admissible.’’.

4 (4) ONE-TIME WAIVER OF FOREIGN RESIDENCE

5 REQUIREMENT FOR CURRENT EMPLOYEES SEEKING

6 ADJUSTMENT TO SPECIAL IMMIGRANT STATUS.—

7 Section 212(e) of the Immigration and Nationality

8 Act shall not apply with respect to the adjustment

9 of status (under section 245 of such Act) of an alien

10 if—

11 (A) on or before the date of the enactment

12 of this Act and at the time of filing the applica13 tion for adjustment of status, the alien has the

14 status of a nonimmigrant described in section

15 101(a)(15)(J) of such Act, and

16 (B) the alien qualifies as a special immi17 grant under section 101(a)(27)(L)(i) of such

18 Act.

19 (5) USIA BASIC AUTHORITIES.—Section 804(1)

20 of the United States Information and Educational

21 Exchange Act of 1948 (22 U.S.C. 1474(1)) is

22 amended by inserting ‘‘or as special immigrants

23 under section 101(a)(27)(L) of that Act (8 U.S.C.

24 1101(a)(27)(L))’’ after ‘‘(8 U.S.C. 1101(a)(15))’’.

25 (b) NONIMMIGRANT STATUS.—
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1 (1) IN GENERAL.—Section 101(a)(15) of the

2 Immigration and Nationality Act (8 U.S.C.

3 1101(a)(15)) is amended—

4 (A) by striking ‘‘or’’ at the end of subpara5 graph (Q);

6 (B) by striking the period at the end of

7 subparagraph (R) and inserting ‘‘; or’’; and

8 (C) by adding at the end the following new

9 subparagraph:

10 ‘‘(S) an alien who—

11 ‘‘(i) is coming to the United States to be

12 employed by the United States Information

13 Agency if the Director of the Agency certifies to

14 the Attorney General that (I) the alien pos15 sesses foreign language skills essential to the

16 Agency’s broadcasting activities, and (II) the

17 Agency is unable to find equally qualified work18 ers in the United States who are authorized to

19 engage in such employment, or

20 ‘‘(ii) is the spouse or child of an alien de21 scribed in clause (i) and is accompanying or fol22 lowing to join the alien.’’.

23 (2) CONDITIONS AND LIMITATIONS.—Section

24 214 of such Act (8 U.S.C. 1184) is amended by add25 ing at the end the following new subsection:
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1 ‘‘(j)(1) The number of aliens who may be admitted

2 as (or otherwise be provided the status of) a nonimmigrant

3 under section 101(a)(15)(S)(i) in any fiscal year may not

4 exceed 50. No alien who may be admitted as such a non5 immigrant under such section but for such numerical limi6 tation may be admitted (or otherwise provided the status

7 of) a nonimmigrant under section 101(a)(15)(J).

8 ‘‘(2) The period of authorized status as a non9 immigrant under section 101(a)(15)(S) shall not exceed

10 5 years.

11 ‘‘(3) Nonimmigrants described in section

12 101(a)(15)(S)(ii) shall be granted authorization to engage

13 in employment in the United States and be provided an

14 ‘employment authorized’ endorsement or other appro15 priate work permit.’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on October 1, 1993.

18 SEC. 4. FOREIGN ADOPTED CHILDREN.

19 (a) EXPANSION IN CLASSIFICATION OF CHILDREN.—

20 (1) IN GENERAL.—Section 101(b)(1)(F) of the

21 Immigration and Nationality Act (8 U.S.C.

22 1101(b)(1)(F)) is amended—

23 (A) by striking ‘‘who is an orphan’’ and all

24 that follows through ‘‘emigration and adoption’’

25 and inserting ‘‘(i) who is an orphan because of
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1 the death or disappearance of both parents, (ii)

2 who has been abandoned by both parents or by

3 the surviving parent, or (iii) for whom both par4 ents have (or the surviving parent has) in writ5 ing irrevocably released (whether to a public

6 agency or directly to a prospective adoptive par7 ent) the child for emigration and adoption’’,

8 and

9 (B) by striking ‘‘abroad’’.

10 (2) ADOPTION OF CHILDREN FROM CERTIFIED

11 FOREIGN STATES.—Section 204 of such Act (8

12 U.S.C. 1154) is amended by adding at the end the

13 following:

14 ‘‘(h)(1) In the case of an alien who has been made

15 eligible for emigration and adoption under the laws of a

16 foreign state certified under paragraph (2), the alien shall

17 be deemed to be described in clause (i), (ii), or (iii) of

18 section 101(b)(1)(F).

19 ‘‘(2)(A) A foreign state is considered to be certified

20 for purposes of paragraph (1) if the Secretary of State,

21 in consultation with the Attorney General, determines that

22 the foreign state meets the standards specified in para23 graph (3) with respect to the adoption of a child for place24 ment abroad.
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1 ‘‘(B) The Secretary of State shall revoke the certifi2 cation of a foreign state previously made under subpara3 graph (A) if the Secretary determines that the state no

4 longer meets the standards specified in paragraph (3).

5 ‘‘(C) The Secretary of State, in consultation with the

6 Attorney General, shall review and determine, by not later

7 than 1 year after the date of the enactment of this sub8 section and at least every 2 years thereafter, whether each

9 of at least the 10 principal foreign states (from which chil10 dren described in section 101(b)(1)(F) are being adopted)

11 meets the standards specified in paragraph (3).

12 ‘‘(3) The standards specified in this paragraph for

13 a foreign state, with respect to the adoption of a child

14 for placement abroad, are that the foreign state provides

15 for the following:

16 ‘‘(A) The adoption of a child for placement

17 abroad is not permitted except under the cir18 cumstances described in any of clauses (i) through

19 (iii) of section 101(b)(1)(F) and the foreign state

20 makes it a crime to kidnap or sell a child.

21 ‘‘(B) The foreign state has reliable means of

22 ascertaining a child’s identity and the identity of the

23 child’s parents.

24 ‘‘(C) In the case of a child alleged to be an or25 phan because of the death or disappearance of both
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1 parents or alleged to have been abandoned by both

2 parents or by the surviving parent, the foreign state

3 makes reasonable efforts to identify the child’s par4 ents and to determine whether such parents are alive

5 and their whereabouts.

6 ‘‘(D) If the child is not an orphan because of

7 the death or disappearance of both parents and has

8 not been abandoned by both parents or by the sur9 viving parent, biological (and any prior adoptive)

10 parents are provided (i) notice of the adoption pro11 ceedings, (ii) an opportunity to contest the adoption,

12 (iii) notice of the permanent and irrevocable nature

13 of the adoption, and (iv) notice that upon the adop14 tion any derivative immigration rights that the par15 ents may have had through the child will be extin16 guished.

17 ‘‘(4) The Secretary of State shall cause to be pub18 lished in the Federal Register—

19 ‘‘(A) periodically a list of foreign states certified

20 under paragraph (2), and

21 ‘‘(B) notice of any revocation effected under

22 paragraph (2)(B).’’.

23 (3) INCREASE IN MAXIMUM AGE FOR ADOP24 TION.—
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1 (A) IN GENERAL.—Section 101(b)(1) of

2 such Act (8 U.S.C. 1101(b)(1)) is amended by

3 striking ‘‘sixteen’’ in subparagraphs (E) and

4 (F) and inserting ‘‘eighteen’’.

5 (B) CONFORMING AMENDMENT.—Section

6 341(c)(2)(B) of such Act (8 U.S.C.

7 1452(c)(2)(B)) is amended by striking ‘‘16

8 years’’ and inserting ‘‘18 years’’.

9 (b) CRIMINAL PENALTY FOR BUYING CHILDREN.—

10 (1) IN GENERAL.—Title 18 of the United

11 States Code is amended by inserting after chapter 7

12 the following new chapter:

13 ‘‘CHAPTER 8—CHILD BUYING

‘‘Sec.

‘‘131. Buying of children.

14 ‘‘§ 131. Buying of children

15 ‘‘Whoever is a citizen or national of the United States

16 and purchases for anything of value the custody or control

17 of a person who—

18 ‘‘(1) is under the age of 18 years; and

19 ‘‘(2) is an alien;

20 with the intent to establish lawful permanent residency for

21 such alien, or attempts to do so, shall be fined under this

22 title or imprisoned not more than 5 years, or both.’’

23 (2) CLERICAL AMENDMENT.—The table of

24 chapters at the beginning of such title is amended
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1 by inserting after the item relating to chapter 7 the

2 following new item:

‘‘8. Child buying ................................................................................. 131’’.

3 (c) EFFECTIVE DATES.—

4 (1) IN GENERAL.—

5 (A) The amendments made by subsection

6 (a) shall take effect on the first day of the first

7 month beginning more than 90 days after the

8 date of the enactment of this Act.

9 (B) The amendments made by subsection

10 (b) shall take effect on the date of the enact11 ment of this Act.

12 (2) PUBLICATION OF FOREIGN STATE LIST.—

13 The Secretary of State shall first provide for the

14 publication of a list of the foreign states certified

15 under section 204(h)(2) of the Immigration and Na16 tionality Act (as added by the amendment made by

17 subsection (a)(2)) by not later than 1 year after the

18 date of the enactment of this Act.

19 SEC. 5. PERMANENT RESIDENT STATUS FOR REFUGEES AD20 MITTED TO THE UNITED STATES.

21 (a) IN GENERAL.—Section 209 of the Immigration

22 and Nationality Act (8 U.S.C. 1159) is amended—

23 (1) by amending the heading to read as follows:
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1 ‘‘PERMANENT RESIDENT STATUS FOR REFUGEES;

2 ADJUSTMENT OF STATUS FOR ASYLEES’’;

3 (2) by amending subsection (a) to read as

4 follows:

5 ‘‘(a) Any alien admitted to the United States under

6 section 207 shall be regarded as lawfully admitted to the

7 United States for permanent residence as of the date of

8 arrival into the United States.’’; and

9 (3) in subsection (c), by striking ‘‘this section’’

10 and inserting ‘‘subsection (b)’’.

11 (b) CLERICAL AMENDMENT.—The item in the table

12 of contents relating to section 209 of such Act is amended

13 to read as follows:

‘‘Sec. 209. Permanent resident status for refugees; adjustment of status for

asylees.’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall apply to aliens admitted to the United

16 States under section 207 of the Immigration and Nation17 ality Act before, on, or after the date of the enactment

18 of this Act.

19 SEC. 6. ALIEN WITNESS COOPERATION.

20 (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLAS21 SIFICATION.—Section 101(a)(15) of the Immigration and

22 Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

23 (1) by striking ‘‘or’’ at the end of subparagraph

24 (R),
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1 (2) by striking the period at the end of sub2 paragraph (S) and inserting ‘‘; or’’, and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(T) subject to section 214(j), an alien—

6 ‘‘(i) who the Attorney General determines

7 (I) is in possession of critical reliable informa8 tion concerning a criminal organization or en9 terprise, and (II) is willing to supply such infor10 mation to Federal or State law enforcement au11 thorities or a Federal or State court of law, and

12 ‘‘(ii) whose presence in the United States

13 the Attorney General determines is essential to

14 the success of an authorized criminal investiga15 tion or the successful prosecution of an individ16 ual involved in the criminal organization or en17 terprise,

18 and the spouse and minor children of the alien if ac19 companying, or following to join, the alien.’’.

20 (b) CONDITIONS OF ENTRY.—

21 (1) WAIVER OF GROUNDS FOR EXCLUSION.—

22 Section 212(d) of such Act (8 U.S.C. 1182(d)) is

23 amended by inserting at the beginning the following

24 new paragraph:
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1 ‘‘(1) The Attorney General may, in his or her discre2 tion, waive the application of subsection (a) (other than

3 paragraph (3)(E) thereof) in the case of a nonimmigrant

4 described in section 101(a)(15)(T), if the Attorney Gen5 eral deems it in the national interest. Any such waiver

6 shall be deemed a waiver of any comparable ground for

7 deportation under section 241(a)(1)(A).’’.

8 (2) NUMERICAL LIMITATIONS; PERIOD OF AD9 MISSION; ETC.—Section 214 of such Act (8 U.S.C.

10 1184) is amended by adding at the end the following

11 new subsection:

12 ‘‘(k)(1) The number of aliens who may be provided

13 a visa as nonimmigrants under section 101(a)(15)(T) in

14 any fiscal year may not exceed 100.

15 ‘‘(2) No alien may be admitted into the United States

16 as such a nonimmigrant more than 5 years after the date

17 of the enactment of this subsection.

18 ‘‘(3) The period of admission of an alien as such a

19 nonimmigrant may not exceed 3 years. Such period may

20 not be extended by the Attorney General.

21 ‘‘(4) As a condition for the admission, and continued

22 stay in lawful status, of such a nonimmigrant, the non23 immigrant (A) shall report not less often than quarterly

24 to the Commissioner such information concerning the

25 alien’s whereabouts and activities as the Attorney General
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1 may require, (B) may not be convicted of any criminal

2 offense in the United States after the date of such admis3 sion, and (C) must have executed a form that waives the

4 nonimmigrant’s right to contest, other than on the basis

5 of an application for withholding of deportation, any ac6 tion for deportation of the alien instituted before the alien

7 obtains lawful permanent resident status.

8 ‘‘(5) The Attorney General shall submit a report an9 nually to the Committees on the Judiciary of the House

10 of Representatives and of the Senate concerning (A) the

11 number of such nonimmigrants admitted, (B) the number

12 of successful criminal prosecutions or investigations re13 sulting from cooperation of such aliens, (C) the number

14 of such nonimmigrants whose admission has not resulted

15 in successful criminal prosecution or investigation, and

16 (D) the number of such nonimmigrants who have failed

17 to report quarterly (as required under paragraph (4)) or

18 who have been convicted of crimes in the United States

19 after the date of their admission as such a non20 immigrant.’’.

21 (3) PROHIBITION OF CHANGE OF STATUS.—

22 Section 248(1) of such Act (8 U.S.C. 1258(1)) is

23 amended by striking ‘‘or (K)’’ and inserting ‘‘(K), or

24 (T)’’.
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1 (c) ADJUSTMENT TO PERMANENT RESIDENT STA2 TUS.—

3 (1) IN GENERAL.—Section 245 of such Act (8

4 U.S.C. 1255) is amended by adding at the end the

5 following new subsection:

6 ‘‘(h)(1) If, in the opinion of the Attorney General—

7 ‘‘(A) a nonimmigrant admitted into the United

8 States under section 101(a)(15)(T) has supplied in9 formation described in clauses (i) and (ii) of such

10 section, and

11 ‘‘(B) the provision of such information has sub12 stantially contributed to the success of an authorized

13 criminal investigation or the successful prosecution

14 of an individual described in clause (ii) of such sec15 tion,

16 the Attorney General may adjust the status of the alien

17 (and the spouse and child of the alien if admitted under

18 such section) to that of an alien lawfully admitted for per19 manent residence if the alien is not described in section

20 212(a)(3)(E).

21 ‘‘(2) Upon the approval of adjustment of status under

22 paragraph (1), the Attorney General shall record the

23 alien’s lawful admission for permanent residence as of the

24 date of such approval and the Secretary of State shall re25 duce by one the number of visas authorized to be issued
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1 under sections 201(d) and 203(b)(4) for the fiscal year

2 then current.’’.

3 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec4 tion 245(c) of such Act (8 U.S.C. 1255(c)) is

5 amended by striking ‘‘or’’ before ‘‘(4)’’ and by in6 serting before the period at the end the following: ‘‘;

7 or (5) an alien who was admitted as a nonimmigrant

8 described in section 101(a)(15)(T)’’.

9 (d) EXTENDING PERIOD OF DEPORTATION FOR CON10 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of such

11 Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by insert12 ing ‘‘(or 10 years in the case of an alien provided lawful

13 permanent resident status under section 245(h))’’ after

14 ‘‘five years’’.

15 SEC. 7. TEMPORARY NONIMMIGRANT STATUS FOR ALIEN

16 SPOUSES AND CHILDREN OF CITIZENS.

17 (a) IN GENERAL.—Section 101(a)(15) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(a)(15)), as

19 amended by sections 3(b)(1) and 6(a) of this Act, is

20 amended—

21 (1) by striking ‘‘or’’ at the end of subparagraph

22 (S);

23 (2) by striking the period at the end of sub24 paragraph (T) and inserting ‘‘; or’’; and
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1 (3) by adding at the end the following new sub2 paragraph:

3 ‘‘(U) an alien, and the children of the alien if

4 accompanying or following to join the alien, who is

5 the spouse of a citizen of the United States.’’.

6 (b) CONDITIONS AND LIMITATIONS.—Section 214 of

7 such Act (8 U.S.C. 1184), as amended by sections 3(b)(2)

8 and 6(b)(2) of this Act, is amended by adding at the end

9 the following new subsection:

10 ‘‘(l)(1) The period of authorized status as a non11 immigrant under section 101(a)(15)(U) shall terminate—

12 ‘‘(A) 3 months after the date of obtaining such

13 status, unless the citizen spouse (or in the case of

14 a child, citizen parent) has filed a classification peti15 tion under section 204(a) for classification of the

16 nonimmigrant as an immediate relative, or

17 ‘‘(B) if such a petition is filed on a timely basis,

18 after the end of such period as the Attorney General

19 determines to be sufficient to permit the filing of an

20 application for an immigrant visa, or an application

21 for adjustment of status to that of an alien lawfully

22 admitted for permanent residence, on behalf of the

23 nonimmigrant and, if such an application is filed,

24 the final disposition of such an application.
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1 The Attorney General may not extend the 3-month period

2 of authorized status under subparagraph (A).

3 ‘‘(2) Nonimmigrants described in section

4 101(a)(15)(U) shall be granted authorization to engage in

5 employment in the United States and be provided an ‘em6 ployment authorized’ endorsement or other appropriate

7 work permit.’’.

8 (c) RESTRICTIONS ON ADJUSTMENT OF STATUS.—

9 (1) ADJUSTMENT TO PERMANENT RESIDENT

10 STATUS ONLY ON BASIS OF CITIZEN IMMEDIATE

11 RELATIVE PETITION.—Section 245(d) of such Act (8

12 U.S.C. 1255(d)) is amended by adding at the end

13 the following new sentence: ‘‘The Attorney General

14 may not adjust, under subsection (a), the status of

15 a nonimmigrant alien described in section

16 101(a)(15)(U) who is the spouse of a citizen (or

17 child of such a spouse) except on the basis of a peti18 tion filed by such citizen under section 204(a) to

19 classify the alien as an immediate relative of the citi20 zen.’’.

21 (2) NO CHANGE OF NONIMMIGRANT STATUS

22 FROM U NONIMMIGRANT STATUS.—Section 248(1) of

23 such Act (8 U.S.C. 1258(1)) is amended by striking

24 ‘‘(K), or (T)’’ and inserting ‘‘(K), (T), or (U)’’.

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