‘‘(VIII) is the spouse or child of 
an alien who is inadmissible under 
this subparagraph, if the activity 
causing the alien to be found inadmis-
sible 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 Act, to be 
engaged in a terrorist activity. 
‘‘(ii) EXCEPTION.—Subclause (VII) of 
clause (i) does not apply to a spouse or 
child— 
‘‘(I) who did not know or should 
not reasonably have known of the ac-
tivity causing the alien to be found in-
admissible under this subparagraph; 
or 
‘‘(II) whom the consular officer, 
the Attorney General, or the Secretary 
of Homeland Security has reasonable 
grounds to believe has renounced the 
activity causing the alien to be found 
inadmissible under this subparagraph.
‘‘(iii) 
TERRORIST
ACTIVITY
DE-
FINED.—As used in this subparagraph, 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 or were to be 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 hijacking or sabotage of 
any conveyance (including an aircraft, 
vessel, or vehicle). 
‘‘(II) The seizing or detaining, 
and threatening to kill, injure, or con-
tinue to detain, another individual in 
order to compel a third person (in-
cluding 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, United States Code) or upon the 
liberty of such a person. 
‘‘(IV) An assassination. 
‘‘(V) The use of any— 
‘‘(aa) biological agent, chem-
ical agent, or nuclear weapon or 
device; or 
‘‘(bb) explosive, firearm, or 
other weapon or dangerous device 
(other than for mere personal 
monetary gain), 
with intent to endanger, directly or in-
directly, the safety of one or more in-
dividuals or to cause substantial dam-
age to property. 
‘‘(VI) A threat, attempt, or con-
spiracy to do any of the foregoing. 
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY 
DEFINED.—As used in this subparagraph, 
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 indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist 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 organiza-
tion described in clause (vi)(I) or 
(vi)(II); or 
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III), 
unless the solicitor can dem-
onstrate 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 
clause;
‘‘(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 so-
licitor can demonstrate by clear 
and convincing evidence that he 
did not know, and should not 
reasonably have known, that the 
organization was a terrorist orga-
nization; or 
‘‘(VI) to commit an act that the 
actor knows, or reasonably should 
know, affords material support, in-
cluding a safe house, transportation, 
communications, funds, transfer of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, 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 activ-
ity; or 
‘‘(cc) to a terrorist organiza-
tion described in subclauses (I) 
through (III) of clause (vi). 
‘‘(v) REPRESENTATIVE DEFINED.—As 
used in this subparagraph, the term ‘rep-
resentative’ 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 DE-
FINED.—As used in this section, the term 
‘terrorist organization’ means an organiza-
tion— 
‘‘(I) designated under section 
219; 
‘‘(II) otherwise designated, upon 
publication in the Federal Register, by 
the Secretary of State in consultation 
with or upon the request of the Attor-
ney General or the Secretary of 
Homeland Security, as a terrorist or-
ganization, after finding that the or-
ganization engages in the activities 
described in subclauses (I) through 
(VI) of clause (iv), or that the organi-
zation 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, or has a 
subgroup which engages in, the activi-
ties 
described 
in 
subclauses 
(I) 
through (VI) of clause (iv). 
‘‘(C) FOREIGN
POLICY.—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. 
‘‘(D) IMMIGRANT MEMBERSHIP IN TOTALI-
TARIAN PARTY.— 
‘‘(i) IN
GENERAL.—Any immigrant 
who is or has been a member of or affili-
ated with the Communist or any other to-
talitarian party (or subdivision or affiliate 
thereof), domestic or foreign, is inadmis-
sible. 
‘‘(ii) EXCEPTION
FOR
INVOLUNTARY 
MEMBERSHIP.—Clause (i) shall not apply 
to an alien because of membership or affili-
ation if the alien establishes to the satis-
faction of the consular officer when apply-
ing for a visa (or to the satisfaction of the 
Secretary of Homeland Security when ap-
plying 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 obtain-
ing employment, food rations, or other es-
sentials of living and necessary for such 
purposes. 
‘‘(iii) EXCEPTION FOR PAST MEMBER-
SHIP.—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 Secretary 
of Homeland Security when applying for 
admission) that—
‘‘(I) the membership or affiliation 
terminated at least— 
‘‘(aa) 2 years before the 
date of such application; or 
‘‘(bb) 5 years before the 
date of such application, in the 
case of an alien whose member-
ship or affiliation was with the 
party controlling the government 
of a foreign state that is a totali-
tarian dictatorship as of such 
date; and 
‘‘(II) the alien is not a threat to 
the security of the United States. 
‘‘(E) PARTICIPANTS
IN
NAZI
PERSECU-
TIONS.—Any alien who, during the period be-
ginning on March 23, 1933, and ending on May 
8, 1945, under the direction of, or in associa-
tion with— 
‘‘(i) the Nazi government of Germany; 
‘‘(ii) any government in any area oc-
cupied 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 partici-
pated in the persecution of any person because 
of race, religion, national origin, or political 
opinion, is inadmissible. 
‘‘(F) ASSOCIATION WITH TERRORIST ORGA-
NIZATIONS.—Any alien who the Secretary of 
Homeland Security or the Attorney General de-
termines has been associated with a terrorist 
organization and intends while in the United 
States to engage solely, principally, or inciden-
tally in activities that could endanger the wel-
fare, safety, or security of the United States is 
inadmissible. 
‘‘(G) 
NATIONAL
SECURITY
CON-
SEQUENCES.—An alien whose entry or proposed 
activities in the United States the Attorney 
General or the Secretary of Homeland Security 
has reasonable grounds to believe would have 
potentially serious adverse consequences for the
national security of the United States is inad-
missible. 
‘‘(H) 
SERIOUS
FOREIGN
CRIMES.—An 
alien whom the Secretary of Homeland Security 
or the Attorney General has reason to believe is 
charged with or has committed a serious crimi-
nal offense (other than a purely political of-
fense) in a country other than the United 
States is inadmissible. 
‘‘(4) PUBLIC CHARGE.— 
‘‘(A) IN GENERAL.—Any alien who, in the 
opinion of the consular officer or the Secretary 
of Homeland Security at the time of application 
for a visa, or in the opinion of the Secretary of 
Homeland Security at the time of application 
for admission or adjustment of status, is likely 
at any time to become a public charge is inad-
missible. 
‘‘(B) FACTORS
TO
BE
TAKEN
INTO
AC-
COUNT.— 
‘‘(i) IN
GENERAL.—In determining 
whether an alien is inadmissible under this 
paragraph, the consular officer or the Sec-
retary of Homeland Security shall at a 
minimum consider the alien’s—
‘‘(I) age; 
‘‘(II) health; 
‘‘(III) family status; 
‘‘(IV) assets, resources, and fi-
nancial status; and 
‘‘(V) education and skills. 
‘‘(ii) AFFIDAVIT OF SUPPORT.—In ad-
dition to the factors under clause (i), the 
consular officer or the Secretary of Home-
land Security may also consider any affi-
davit of support under section 213A for 
purposes of exclusion under this para-
graph. 
‘‘(C) FAMILY-SPONSORED
IMMIGRANTS.— 
Any alien who seeks admission or adjustment of 
status under a visa number issued under sec-
tion 201(b)(2) or 203(a) 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 
204(a)(1)(A); or
‘‘(II) classification pursuant to 
clause 
(ii) 
or 
(iii) 
of 
section 
204(a)(1)(B); or 
‘‘(ii) the person petitioning for the 
alien’s admission (including any additional 
sponsor required under section 213A(f)) 
has executed an affidavit of support de-
scribed in section 213A with respect to 
such alien. 
‘‘(D) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS.—Any alien who seeks admission or ad-
justment of status under a visa number issued 
under section 203(b) by virtue of a classifica-
tion petition filed by a relative of the alien (or 
by an entity in which such relative has a signifi-
cant ownership interest) is inadmissible under 
this paragraph unless such relative has exe-
cuted an affidavit of support described in sec-
tion 213A with respect to such alien. 
‘‘(5) LABOR
CERTIFICATION
AND
QUALIFICA-
TIONS 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 Secretary of 
Homeland Security that— 
‘‘(I) there are not sufficient 
workers who are able, willing, quali-
fied (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 un-
skilled 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, nor displace a United 
States citizen currently employed by 
the entity requesting labor certifi-
cation. 
‘‘(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 certifi-
cation made under clause (i) with re-
spect to a professional athlete shall 
remain valid with respect to the ath-
lete after the athlete changes em-
ployer, 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) 
DEFINITION.—For 
pur-
poses of subclause (I), the term ‘pro-
fessional athlete’ means an individual 
who is employed as an athlete by— 
‘‘(aa) a team that is a mem-
ber 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 con-
duct of its members and regu-
lates the contests and exhibitions 
in which its member teams regu-
larly engage; or 
‘‘(bb) 
any 
minor 
league 
team that is affiliated with such 
an association. 
‘‘(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 (regard-
less 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 inadmis-
sible, 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 pre-
vious sentence, an alien who is a graduate of a 
medical school shall be considered to have 
passed parts I and II of the National Board of 
Medical Examiners if the alien was fully and 
permanently licensed to practice medicine in a
State on January 9, 1978, and was practicing 
medicine in a State on that date. 
‘‘(C) UNCERTIFIED
FOREIGN
HEALTH- 
CARE WORKERS.—Subject to subsection (j), 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 inadmis-
sible unless the alien presents to the consular 
officer, or, in the case of an adjustment of sta-
tus, the Secretary of Homeland Security, a cer-
tificate from the Commission on Graduates of 
Foreign Nursing Schools, or a certificate from 
an equivalent independent credentialing organi-
zation approved by the Secretary of Homeland 
Security in consultation with the Secretary of 
Health and Human Services, verifying that— 
‘‘(i) the alien’s education, training, li-
cense, and experience— 
‘‘(I) meet all applicable statutory 
and regulatory requirements for entry 
into the United States under the clas-
sification 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 com-
petence in oral and written English consid-
ered 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 nation-
ally recognized, commercially available, 
standardized assessments of the applicant’s 
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 suc-
cess on the profession’s licensing or certifi-
cation examination, the alien has passed 
such a test or has passed such an examina-
tion. 
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 sub-
paragraphs (A) and (B) shall apply to immi-
grants seeking admission or adjustment of sta-
tus under paragraph (2) or (3) of section 
203(b). 
‘‘(6) ILLEGAL
ENTRANTS
AND
IMMIGRATION 
VIOLATORS.— 
‘‘(A) ALIENS
PRESENT
WITHOUT
ADMIS-
SION OR PAROLE.— 
‘‘(i) IN GENERAL.—An alien present 
in the United States without being admit-
ted or paroled, or who arrives in the 
United States at any time or place other 
than as designated by the Secretary of 
Homeland Security is inadmissible. 
‘‘(ii) EXCEPTION FOR CERTAIN BAT-
TERED
WOMEN
AND
CHILDREN.—Clause 
(i) shall not apply to an alien who dem-
onstrates that— 
‘‘(I) the alien qualifies for immi-
grant 
status 
under 
subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
section 204(a)(1); 
‘‘(II)(aa) the alien has been bat-
tered or subjected to extreme cruelty 
by a spouse or parent, or by a mem-
ber of the spouse’s or parent’s family 
residing in the same household as the 
alien and the spouse or parent con-
sented or acquiesced in such battery 
or cruelty, or 
‘‘(bb) the alien’s child has been 
battered or subjected to extreme cru-
elty 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 spouse’s or par-
ent’s family residing in the same 
household as the alien when the 
spouse or parent consented to or ac-
quiesced in such battery or cruelty 
and the alien did not actively partici-
pate in such battery or cruelty; and 
‘‘(III) there was a substantial 
connection between the battery or cru-
elty described in subclause (I) or (II)
and the alien’s unlawful entry into the 
United States. 
‘‘(B) FAILURE TO ATTEND REMOVAL PRO-
CEEDING.—Any alien who without reasonable 
cause fails or refuses to attend or remain in at-
tendance at a proceeding to determine the 
alien’s inadmissibility or deportability and who 
seeks admission to the United States within 5 
years of such alien’s subsequent departure or 
removal is inadmissible. 
‘‘(C) MISREPRESENTATION.— 
‘‘(i) IN GENERAL.—Any alien who, by 
fraud or willfully misrepresenting a mate-
rial 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 Act for himself, herself, or any 
other alien, is inadmissible. 
‘‘(ii) FALSELY
CLAIMING
CITIZEN-
SHIP.— 
‘‘(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 Act (in-
cluding section 274A) or any other 
Federal or State law is inadmissible. 
‘‘(II) EXCEPTION.—In the case 
of an alien making a representation 
described in subclause (I), if each nat-
ural parent of the alien (or, in the 
case of an adopted alien, each adop-
tive parent of the alien) is or was a 
citizen (whether by birth or natu-
ralization), the alien permanently re-
sided in the United States prior to at-
taining 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. 
‘‘(D) STOWAWAYS.—Any alien who is a 
stowaway is inadmissible. 
‘‘(E) SMUGGLERS.— 
‘‘(i) IN GENERAL.—Any alien who at 
any time knowingly has encouraged, in-
duced, 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 an 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, and is 
seeking admission as an immediate relative 
or under section 203(a)(2) (including 
under section 112 of the Immigration Act 
of 1990) or benefits under section 301(a) 
of the Immigration Act of 1990 if the 
alien, before May 5, 1988, has encouraged, 
induced, assisted, abetted, or aided only 
the alien’s spouse, parent, son, or daughter 
(and no other individual) to enter the 
United States in violation of law. 
‘‘(iii) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i), 
see subsection (c)(6). 
‘‘(F) SUBJECT
OF
CIVIL
PENALTY.—An 
alien who is the subject of a final order for vio-
lation of section 274C is inadmissible.
‘‘(G) STUDENT VISA ABUSERS.—An alien 
who obtains the status of a nonimmigrant 
under section 101(a)(15)(F)(i) and who violates 
a term or condition of such status under section 
214(l) is inadmissible until the alien has been 
outside the United States for a continuous pe-
riod of 5 years after the date of the violation. 
‘‘(H) CHANGE
OF
ADDRESS.—An alien 
who has failed to comply with section 262 is in-
admissible, unless the alien establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity that such failure was reasonably excusable 
or was not willful. 
‘‘(7) DOCUMENTATION REQUIREMENTS.— 
‘‘(A) IMMIGRANTS.— 
‘‘(i) IN GENERAL.—Except as other-
wise specifically provided in this Act, any 
immigrant at the time of application for 
admission— 
‘‘(I) who is not in possession of a 
valid unexpired immigrant visa, re-
entry permit, border crossing identi-
fication card, or other valid entry doc-
ument required by this Act, and a 
valid unexpired passport, or other
suitable travel document, or document 
of identity and nationality if such doc-
ument is required under the regula-
tions issued by the Secretary of 
Homeland 
Security 
under 
section 
211(a); or 
‘‘(II) whose visa has been issued 
without compliance with the provi-
sions of section 203, 
is inadmissible. 
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (g). 
‘‘(B) NONIMMIGRANTS.— 
‘‘(i) 
IN
GENERAL.—Any 
non-
immigrant who— 
‘‘(I) is not in possession of a 
passport valid for a minimum of six 
months from the date of the expira-
tion of the initial period of the alien’s 
admission or contemplated initial pe-
riod 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 pe-
riod; 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
AUTHOR-
IZED.—For provision authorizing waiver of 
clause (i), see subsection (c)(2). 
‘‘(8) INELIGIBLE FOR CITIZENSHIP.— 
‘‘(A) IN GENERAL.—Any immigrant who is 
permanently ineligible to citizenship is inadmis-
sible. 
‘‘(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 na-
tional emergency is inadmissible, except that 
this subparagraph shall not apply to an alien 
who at the time of such departure was a non-
immigrant and who is seeking to reenter the 
United States as a nonimmigrant. 
‘‘(9) ALIENS PREVIOUSLY REMOVED.—
‘‘(A) CERTAIN
ALIENS
PREVIOUSLY
RE-
MOVED.— 
‘‘(i) ARRIVING
ALIENS.—Any alien 
who has been ordered removed under sec-
tion 235(b)(1) or at the end of proceedings 
under section 240 initiated upon the 
alien’s arrival in the United States and 
who again seeks admission within 5 years 
of the date of such removal (or within 20 
years 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. 
‘‘(ii) OTHER ALIENS.—Any alien not 
described in clause (i) who— 
‘‘(I) has been ordered removed 
under section 240 or any other provi-
sion of law; or 
‘‘(II) departed the United States 
while an order of removal was out-
standing, 
and who seeks admission within 10 years 
of the date of such alien’s departure or re-
moval (or within 20 years of such date in 
the case of a second or subsequent removal