§ 2326. Aliens with information concerning criminal or ter-
rorist organizations
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if—
(1) the Attorney General decides that—
(A) the alien is in possession of critical reliable information con-
cerning a criminal organization or enterprise;
(B) the alien is willing to supply or has supplied that informa-
tion to United States Government or State law enforcement au-
thorities or a Federal or State court; and
(C) the presence of the alien in the United States is essential
to the success of an authorized criminal investigation or the suc-
cessful prosecution of an individual involved in the criminal orga-
nization or enterprise;
(2) the Secretary of State and the Attorney General jointly decide
that the alien—
(A) is in possession of critical reliable information concerning a
terrorist organization, enterprise, or operation;
(B) is willing to supply or has supplied that information to Gov-
ernment law enforcement authorities or a Federal court;
(C) will be or has been placed in danger as a result of providing
that information; and
(D) is eligible to receive a reward under section 36(a) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2708(a)); or
(3)(A) the alien is the spouse, son or daughter, or parent of an alien
described in clause (1) or (2) of this subsection accompanying or fol-
lowing to join that alien; and
(B) the Attorney General (with respect to an alien described in
clause (1) of this subsection) or the Secretary and the Attorney Gen-
eral jointly (with respect to an alien described in clause (2) of this sub-
section) consider the nonimmigrant classification of the spouse, son or
daughter, or parent appropriate.
(b) NUMERICAL AND TIME LIMITATIONS.—(1) Not more than—
(A) 100 aliens may be provided a visa as a nonimmigrant classified
under subsection (a)(1) of this section in a fiscal year; and
(B) 25 aliens may be provided a visa as a nonimmigrant classified
under subsection (a)(2) of this section in a fiscal year.
(2) An alien classified as a nonimmigrant under subsection (a) (1) or (2)
of this section may be admitted to the United States for not more than 3
years. The Attorney General may not extend the period of admission.
(3) An alien classified as a nonimmigrant under subsection (a)(1) or (2)
of this section may not be admitted to the United States after September
13, 1999.
(c) ALIEN REQUIREMENTS.—As a condition of admission and continued
stay in lawful status, an alien classified as a nonimmigrant under subsection
(a)(1) or (2) of this section—
(1) shall report at least quarterly to the Attorney General informa-
tion concerning the alien’s whereabouts and activities the Attorney
General requires;
(2) may not be convicted, after the alien is admitted to the United
States, of a criminal offense punishable by a term of imprisonment of
at least one year;
(3) must have executed a form waiving the alien’s right to contest,
other than on the basis of an application for withholding of deporta-
tion, any action for deportation of the alien begun before the alien ob-
tains lawful permanent resident status; and
(4) shall comply with any other condition, limitation, or restriction
the Attorney General imposes.
(d) REPORT BY ATTORNEY GENERAL.—The Attorney General shall sub-
mit a report annually to the Committees on the Judiciary of the House of
Representatives and the Senate on—
(1) the number of aliens classified as nonimmigrants under sub-
section (a)(1) or (2) of this section and admitted to the United States;
(2) the number of successful criminal prosecutions or investigations
resulting from the cooperation of those aliens;
(3) the number of terrorist acts prevented or frustrated resulting
from the cooperation of those aliens;
(4) the number of aliens classified as nonimmigrants under sub-
section (a)(1) or (2) of this section and admitted to the United States
whose admission or cooperation has not resulted in successful criminal
prosecution or investigation or the prevention or frustration of a terror-
ist act; and
(5) the number of aliens who have failed to report as required under
subsection (c)(1) of this section or who have been convicted of crimes
in the United States after the date of their admission as
nonimmigrants classified under subsection (a)(1) or (2) of this section.
SUBCHAPTER II—SPECIAL REQUIREMENTS
§ 2351. Employer applications for aliens employed tempo-
rarily in specialty occupations or as fashion mod-
els
(a) GENERAL.—An alien may be admitted as, or provided the status of,
a nonimmigrant classified under section 2313(a)(1) or (2) of this title only
after the employer intending to employ the alien files an application with
the Secretary of Labor stating the following:
(1) The employer—
(A) during the period of authorized employment, is offering and
will offer the nonimmigrant wages that, based on the best infor-
mation available at the time the application is filed, are at least
the greater of—
(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 of the occupational classifica-
tion in the area of employment; and
(B) will provide working conditions for the nonimmigrant that
will not adversely affect the working conditions of workers simi-
larly employed.
(2) There is no strike or lockout during a labor dispute in the occu-
pational classification at the place of employment.
(3) At the time the application was filed, the employer—
(A) provided notice of the filing of an application under this
subsection to the bargaining representative of the employer’s em-
ployees in the occupational classification and area for which aliens
are sought; or
(B) if there is no bargaining representative, posted notice of the
filing in conspicuous locations at the place of employment.
(4) There is a specification of the number of workers sought, the oc-
cupational classification in which the workers will be employed, and
wage rate and conditions under which they will be employed.
(b) PUBLIC AVAILABILITY OF APPLICATIONS AND APPLICATION LISTS.—
(1) Not later than one working day after the date on which an application
under this subsection is filed, the employer shall make available for public
examination at the employer’s principal place of business or worksite a copy
of each application filed under subsection (a) of this section and necessary
accompanying documentation.
(2) On a current basis and by employer and occupational classification,
the Secretary shall compile a list of the applications filed. That list shall
include the wage rate, number of aliens sought, period of intended employ-
ment, and the date of need. The Secretary shall make that list available for
public examination in the District of Columbia.
(c) SECRETARIAL REVIEW OF APPLICATIONS.—The Secretary shall re-
view an application only for completeness and obvious inaccuracies. Unless
the Secretary finds that the application is incomplete or obviously inac-
curate, the Secretary shall make the certification described in section
2313(a)(1)(C) or (2)(B) of this title not later than 7 days after the date the
application is filed.
(d) FAILURE TO MEET APPLICATION CONDITIONS AND MISREPRESENTA-
TIONS.—(1) The Secretary shall establish a procedure for receiving, inves-
tigating, and disposing of complaints about a petitioner’s failure to meet a
condition specified by an application submitted under subsection (a) of this
section or a petitioner’s misrepresentation of a material fact in that applica-
tion. An aggrieved person (including a bargaining representative) may file
a complaint under this subsection but the complaint must be filed not later
than 12 months after the date of the failure or misrepresentation. The Sec-
retary shall conduct an investigation as provided in this subsection if there
is reasonable cause to believe that a failure or misrepresentation has oc-
curred.
(2) Not later than 30 days after the date a complaint is filed, the Sec-
retary shall decide whether a reasonable basis exists to make a finding
under paragraph (3) or (4) of this subsection. If the Secretary decides that
a reasonable basis exists, the Secretary shall provide interested parties no-
tice and an opportunity for a hearing under section 556 of title 5 about
the complaint not later than 60 days after deciding that a reasonable basis
exists. If a hearing is requested, the Secretary shall make a finding about
the complaint not later than 60 days after the date of the hearing. The Sec-
retary may consolidate hearings on similar complaints about the same appli-
cant.
(3) If the Secretary finds, after notice and an opportunity for a hearing
under paragraph (2) of this subsection, that there has been a failure to
meet a condition of subsection (a)(2) of this section, a substantial failure
to meet a condition described in subsection (a)(3) or (4) of this section, a
willful failure to meet a condition of subsection (a)(1) of this section, or
misrepresentation of a material fact in an application—
(A) the Secretary shall notify the Attorney General of that finding
and may impose administrative remedies the Secretary decides are ap-
propriate, including a civil penalty of not more than $1,000 for each
violation; and