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.
‘‘(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 Attorney General, a certificate from the
Commission on Graduates of Foreign Nursing
Schools, or a certificate from an equivalent
independent 
credentialing 
organization 
ap-
proved by the Attorney General in consultation
with the Secretary of Health and Human Serv-
ices, 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 Attorney Gen-
eral, 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
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 spouse’s or
parent’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 Attorney General 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 Attorney General
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