657
Title IV
HR 2202 RH
(5) Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall
issue regulations which shall provide for the electronic
storage of forms I-9, in satisfaction of the require-
ments of section 274A(b)(3) of the Immigration and
Nationality Act as amended by this Act.
SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR-
IZED TO WORK.
Subsection (c) of section 290 (8 U.S.C. 1360) is
amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1995), the Commis-
sioner of Social Security shall report to the Committees on
the Judiciary of the House of Representatives and the Sen-
ate on the aggregate number of social security account num-
bers issued to aliens not authorized to be employed to which
earnings were reported to the Social Security Administra-
tion in such fiscal year.
‘‘(2) If earnings are reported on or after January 1,
1996, to the Social Security Administration on a social se-
curity account number issued to an alien not authorized
to work in the United States, the Commissioner of Social
Security shall provide the Attorney General with informa-
tion regarding the name and address of the alien, the name
and address of the person reporting the earnings, and the
658
Title IV
HR 2202 RH
amount of the earnings. The information shall be provided
in an electronic form agreed upon by the Commissioner and
the Attorney General.’’.
SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN INFOR-
MATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to pro-
vide the alien’s social security account number for purposes
of inclusion in any record of the alien maintained by the
Attorney General or the Service.’’.
SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL
VIOLATIONS 
OF 
PAPERWORK 
REQUIRE-
MENTS.
(a) IN
GENERAL.—Section 274A(e)(1) (8 U.S.C.
1324a(e)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C),
(2) by striking the period at the end of subpara-
graph (D) and inserting ‘‘, and’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) under which a person or entity shall
not be considered to have failed to comply with
659
Title IV
HR 2202 RH
the requirements of subsection (b) based upon a
technical or procedural failure to meet a require-
ment of such subsection in which there was a
good faith attempt to comply with the require-
ment unless (i) the Service (or another enforce-
ment agency) has explained to the person or en-
tity 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 pe-
riod, except that this subparagraph shall not
apply with respect to the engaging by any per-
son or entity of a pattern or practice of viola-
tions of subsection (a)(1)(A) or (a)(2).’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to failures occurring on or after the
date of the enactment of this Act.
SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT
PRACTICES.
(a) REQUIRING CERTAIN REMEDIES IN UNFAIR IMMI-
GRATION-RELATED
DISCRIMINATION
ORDERS.—Section
274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—
660
Title IV
HR 2202 RH
(1) in subparagraph (A), by adding at the end
the following: ‘‘Such order also shall require the per-
son or entity to comply with the requirements of
clauses (ii) and (vi) of subparagraph (B).’’;
(2) in subparagraph (B), by striking ‘‘Such an
order’’ and inserting ‘‘Subject to the second sentence
of subparagraph (A), such an order’’; and
(3) in subparagraph (B)(vi), by inserting before
the semicolon at the end the following: ‘‘and to certify
the fact of such education’’.
(b) TREATMENT OF CERTAIN DOCUMENTARY PRAC-
TICE AS EMPLOYMENT PRACTICES.—Section 274B(a)(6) (8
U.S.C. 1324b(a)(6)) is amended—
(1) by striking ‘‘For’’ and inserting ‘‘(A) Subject
to subparagraph (B), for’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) A person or other entity—
‘‘(i) may request a document proving a re-
newal of employment authorization when an in-
dividual has previously submitted a time-limited
document to satisfy the requirements of section
274A(b)(1); or
‘‘(ii) if possessing reason to believe that an
individual presenting a document which reason-
661
Title V
HR 2202 RH
ably appears on its face to be genuine is nonethe-
less an unauthorized alien, may (I) inform the
individual of the question about the document’s
validity, and of such person or other entity’s in-
tention to verify the validity of such document,
and (II) upon receiving confirmation that the
individual is unauthorized to work, may dismiss
the individual with no benefits or rights accru-
ing on the basis of the period employed.
Nothing in this provision prohibits an individual
from offering alternative documents that satisfy the
requirements of section 274A(b)(1).’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to orders issued on or after the first
day of the first month beginning at least 90 days after the
date of the enactment of this Act.
TITLE V—REFORM OF LEGAL
IMMIGRATION SYSTEM
SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.
This title amends the legal immigration provisions of
the Immigration and Nationality Act so as to provide for
the following (beginning with fiscal year 1997):
(1) DIVISION
OF
IMMIGRATION
AMONG
CAT-
EGORIES.—There will be a worldwide level of immi-
gration of approximately 562,000, divided among—
662
Title V
HR 2202 RH
(A) family-sponsored immigrants, with a
worldwide annual numerical limitation (after a
transition) of approximately 330,000,
(B) employment-based immigrants, with a
worldwide 
annual 
numerical 
limitation 
of
135,000,
(C) diversity immigrants, with a worldwide
annual numerical limitation of 27,000, and
(D) humanitarian immigrants, with a
worldwide annual numerical limitation (after a
transition) of approximately 70,000.
Congress is required to reevaluate and reauthorize
these numbers every 5 years.
(2) FAMILY-SPONSORED IMMIGRANTS.—
(A) CATEGORIES.—Family-sponsored immi-
grants are (i) spouses and children of citizens,
(ii) spouses and children of permanent resident
aliens, (iii) parents of adult United States citi-
zens if the parents meet certain insurance re-
quirements, and (iv) sons or daughters of United
States citizens or sons or daughters of permanent
resident aliens who have never been married, are
childless, but for the residence requirements
would qualify as dependents for Federal income
663
Title V
HR 2202 RH
tax purposes, and are at least 21 but not more
than 25 years of age.
(B) NUMERICAL LIMITATIONS.—
(i) There will be no direct numerical
limit on admission of spouses and children
of United States citizens.
(ii) The annual numerical limit on ad-
mission of spouses and children of perma-
nent residents will not be below 85,000.
(iii) The annual numerical limit on
admission of parents of United States citi-
zens will not be below 25,000.
(3) EMPLOYMENT-BASED IMMIGRANTS.—Employ-
ment-based immigrants will fall within the following
categories and numerical limitations:
(A) EXTRAORDINARY
IMMIGRANTS.—First,
aliens with extraordinary ability, up to 15,000
each year.
(B) OUTSTANDING
PROFESSORS
AND
RE-
SEARCHERS AND MULTINATIONAL EXECUTIVES.—
Second, aliens who are outstanding professors
and researchers or multinational executives or
managers, up to 30,000 each year, plus any left
from the previous category.
664
Title V
HR 2202 RH
(C) PROFESSIONALS WITH ADVANCED DE-
GREES
OR
EXCEPTIONAL
ABILITY
ALIENS.—
Third, aliens who are members of the professions
holding advanced degrees or who have excep-
tional ability, up to 30,000 each year, plus any
left from the previous categories.
(D) OTHER PROFESSIONALS AND SKILLED
WORKERS.—Fourth, aliens who are skilled work-
ers with at least 4 years of training and work
experience or are professionals with a bacca-
laureate degree and at least 2 years’ experience,
up to 45,000 each year, plus any left from the
previous categories.
(E) INVESTORS.—Fifth, aliens who are in-
vesting at least $1,000,000 in enterprises in the
United States that will employ at least 10 work-
ers, up to 10,000 each year (with a 2-year pilot
program for those investing at least $500,000 in
enterprises employing at least 5 workers).
(F) CERTAIN SPECIAL IMMIGRANTS.—Last-
ly, aliens who fall within certain classes of spe-
cial immigrants (such as religious ministers,
aliens who have worked for the Government
abroad, certain long-term alien employees of
international organizations, certain dependent
665
Title V
HR 2202 RH
juveniles, and certain long-term alien members
of the Armed Forces), up to 5,000 each year.
(4) DIVERSITY
IMMIGRANTS.—Diversity immi-
grants are chosen from the 10 countries in each re-
gion with the highest demand for diversity visas by
random selection.
(5) 
HUMANITARIAN
IMMIGRANTS.—Humani-
tarian immigrants will fall within the following cat-
egories and numerical limitations:
(A) REFUGEES.—Refugees, subject to a nu-
merical limitation (after a transition and ex-
cluding emergency refugees) of 50,000 or such
higher number as the Congress may provide by
law.
(B) ASYLEES.—Aliens seeking asylum, sub-
ject to no numerical limitation in any year. As
under current law, asylees may adjust to perma-
nent residence status at a rate of up to 10,000
each year.
(C) OTHER HUMANITARIAN IMMIGRANTS.—
Other immigrants who are of special humani-
tarian concern to the United States, up to
10,000 each year.
(6) TRANSITION.—
666
Title V, Subtitle A
HR 2202 RH
(A) 
ADDITIONAL
VISA
NUMBERS
FOR
SPOUSES AND MINOR, UNMARRIED CHILDREN OF
PERMANENT RESIDENT ALIENS.—In order to re-
duce the current backlog for spouses and minor,
unmarried children of lawful permanent resi-
dents, there will be at least an additional 50,000
immigrant visa numbers made available for
these aliens for each of 5 fiscal years, with prior-
ity for spouses and children of aliens who did
not participate in a legalization program.
(B) PHASE-DOWN IN NORMAL FLOW REFU-
GEE NUMERICAL LIMITATION.—The annual nu-
merical limitation on non-emergency refugees
(without specific approval of Congress) will be
phased down to 75,000 in fiscal year 1997 and
50,000 in fiscal year 1998 and thereafter.
Subtitle A—Worldwide Numerical
Limits
SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-
SPONSORED IMMIGRANTS.
(a) OVERVIEW.—
(1) The amendment made by subsection (b) pro-
vides for a worldwide level of family-sponsored immi-
grants of 330,000 less the number of spouses and chil-
dren of citizens admitted in the previous year.
667
Title V, Subtitle A
HR 2202 RH
(2) However, there will be no limit on spouses
and children of citizens, nor would the number of
visas available to spouses and children of lawful per-
manent residents go below 85,000, nor would the
number of visas available to parents of citizens go
below 25,000.
(3) Any excess in family immigration above
330,000 would come from other unused visas and, if
necessary, from future visa numbers.
(4) If there are any remaining family visas,
these visas would be added to the visas made available
to spouses and children of lawful permanent resident
aliens.
(b) AMENDMENT.—Subsection (c) of section 201 (8
U.S.C. 1151) is amended to read as follows:
‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—
‘‘(1) IN
GENERAL.—Subject to the succeeding
provisions of this subsection, the worldwide level of
family-sponsored immigrants under this subsection
(in this subsection referred to as the ‘worldwide fam-
ily level’) for a fiscal year is 330,000.
‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN
OF UNITED STATES CITIZENS AND CERTAIN OTHER
FAMILY-RELATED IMMIGRANTS.—The worldwide fam-
668
Title V, Subtitle A
HR 2202 RH
ily level for a fiscal year shall be reduced (but not
below a number sufficient to provide for the mini-
mum visa numbers described in paragraph (4)) by
the number of aliens described in 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) FURTHER REDUCTION FOR ANY PREVIOUS
EXCESS FAMILY IMMIGRATION.—
‘‘(A) IN GENERAL.—If there are excess fam-
ily admissions in a particular fiscal year (as de-
termined under subparagraph (B)) beginning
with fiscal year 1997, then for the following fis-
cal year the worldwide family level shall be re-
duced (but not below a number sufficient to pro-
vide for the minimum visa numbers described in
paragraph (4)) by the net number of excess ad-
missions in that particular fiscal year (as de-
fined in subparagraph (C)).
‘‘(B) DETERMINATION OF EXCESS FAMILY
ADMISSIONS.—For purposes of subparagraph
(A), there are excess family admissions in a fis-
cal year if—
669
Title V, Subtitle A
HR 2202 RH
‘‘(i) the number of aliens who are is-
sued immigrant visas or who otherwise ac-
quire the status of aliens lawfully admitted
to the United States for permanent resi-
dence under section 203(a) or subsection
(b)(2) in a fiscal year, exceeds
‘‘(ii) 330,000, less the carryforward
number of excess admissions for the pre-
vious fiscal year (as defined in subpara-
graph (D)).
For purposes of this subparagraph, immigrant
visa numbers issued under section 553 of the Im-
migration in the National Interest Act of 1995
(relating to certain transition immigrants) shall
not be counted under clause (i).
‘‘(C) NET
NUMBER
OF
EXCESS
ADMIS-
SIONS.—For purposes of subparagraph (A), the
‘net number of excess admissions’ for a fiscal
year is—
‘‘(i) the excess described in subpara-
graph (B) for the fiscal year, reduced (but
not below zero) by
‘‘(ii) the number (if any) by which the
worldwide level under subsection (d) for the
previous fiscal year exceeds the number of
670
Title V, Subtitle A
HR 2202 RH
immigrants who are issued immigrant visas
or who otherwise acquire the status of aliens
lawfully admitted to the United States for
permanent residence under section 203(b)
in that previous fiscal year.
‘‘(D) CARRYFORWARD NUMBER OF EXCESS
ADMISSIONS.—For purposes of subparagraph
(B)(ii), the carryforward number of excess ad-
missions for a particular fiscal year is the net
number of excess admissions for the previous fis-
cal year (as defined in subparagraph (C)), re-
duced by the reductions effected under subpara-
graph (A) and paragraph (5) in visa numbers
for the particular fiscal year.
‘‘(4) NO REDUCTION IN NUMBER OF SPOUSES
AND CHILDREN OF LAWFUL PERMANENT RESIDENTS
OR PARENTS OF UNITED STATES CITIZENS.—
‘‘(A) SPOUSES AND CHILDREN OF LAWFUL
PERMANENT RESIDENTS.—Any reductions in the
worldwide family level for a fiscal year under
paragraph (2) or (3) shall not reduce the number
of visas available to spouses and children of law-
ful permanent residents below 85,000.
‘‘(B) PARENTS
OF
UNITED
STATES
CITI-
ZENS.—Any reductions in the worldwide family
672
Title V, Subtitle A
HR 2202 RH
of family admissions’ in a fiscal year is the net
number of excess admissions for the fiscal year
(as defined in paragraph (3)(C)), reduced by the
reduction (if any) effected under paragraph (3)
in visa numbers for the succeeding fiscal year.’’.
SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM-
PLOYMENT-BASED IMMIGRANTS.
Subsection (d) of section 201 (8 U.S.C. 1151) is
amended to read as follows:
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IM-
MIGRANTS.—The worldwide level of employment-based im-
migrants under this subsection for a fiscal year is—
‘‘(1) 135,000, minus
‘‘(2) beginning with fiscal year 1998, the total of
the reductions (if any) in visa numbers under section
203(a)(3)(C) made for the fiscal year pursuant to
subsection (c)(5) and in visa numbers under this sub-
section for the fiscal year pursuant to section
203(a)(3)(B)(ii)(II).’’.
SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVER-
SITY IMMIGRANTS.
Subsection (e) of section 201 (8 U.S.C. 1151) is
amended to read as follows:
673
Title V, Subtitle A
HR 2202 RH
‘‘(e) WORLDWIDE
LEVEL
OF
DIVERSITY
IMMI-
GRANTS.—The worldwide level of diversity immigrants is
equal to 27,000 for each fiscal year.’’.
SEC. 504. ESTABLISHMENT OF NUMERICAL LIMITATION ON
HUMANITARIAN IMMIGRANTS.
(a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (2),
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(4) for fiscal years beginning with fiscal year
1997, humanitarian immigrants described in section
203(e) (or who are admitted under section 211(a) on
the basis of a prior issuance of a visa to their accom-
panying parent under section 203(e)) in a number
not to exceed in any fiscal year the number specified
in subsection (f) for that year, and not to exceed in
any of the first 3 quarters of any fiscal year 27 per-
cent of the worldwide level under such subsection for
all of such fiscal year.’’; and
674
Title V, Subtitle A
HR 2202 RH
(2) by adding at the end the following new sub-
section:
‘‘(f) WORLDWIDE LEVEL
OF HUMANITARIAN IMMI-
GRANTS.—
‘‘(1) IN
GENERAL.—Subject to the succeeding
provisions of this subsection, the worldwide level of
humanitarian immigrants (in this subsection referred
to as the ‘worldwide humanitarian level’) under this
subsection for a fiscal year is equal to 70,000.
‘‘(2) REDUCTION
FOR
HUMANITARIAN
IMMI-
GRANTS
WHO
ARE
REFUGEES
OR
ASYLEES.—The
worldwide humanitarian level for a fiscal year shall
be reduced by the sum of—
‘‘(A) 50,000, or, if less, the number of aliens
who were admitted as refugees under section 207
in the previous fiscal year, and
‘‘(B) the number of aliens who had been
granted asylum whose status was adjusted in the
previous fiscal year under section 209(b).
‘‘(3) REDUCTION
FOR
PRIOR
YEAR
CANCELLA-
TION OF REMOVAL AND REGISTRY.—The worldwide
humanitarian level for a fiscal year shall be further
reduced by the sum of—
‘‘(A) the number of aliens whose removal
was canceled and who were provided lawful per-
675
Title V, Subtitle A
HR 2202 RH
manent resident status in the previous fiscal
year under section 240A, and
‘‘(B) the number of aliens who were pro-
vided permanent resident status in the previous
fiscal year under section 249.
‘‘(4) LIMITATION.—In no case shall the world-
wide humanitarian level for a fiscal year (taking into
account any reductions under paragraphs (2) and
(3)) exceed 10,000.’’.
(b) TRANSITION.—In determining the worldwide hu-
manitarian level under section 201(f) of the Immigration
and Nationality Act for fiscal year 1997, the reference in
paragraph (3)(A) of such section to ‘section 240A’ is deemed
a reference to ‘section 244(a)’.
SEC. 505. REQUIRING CONGRESSIONAL REVIEW AND REAU-
THORIZATION OF WORLDWIDE LEVELS EVERY
5 YEARS.
Section 201 (8 U.S.C. 1151) is further amended by
adding at the end the following new subsection:
‘‘(g) REQUIREMENT FOR PERIODIC REVIEW AND RE-
AUTHORIZATION OF WORLDWIDE LEVELS.—
‘‘(1) CONGRESSIONAL REVIEW.—The Committees
on the Judiciary of the House of Representatives and
of the Senate shall undertake during fiscal year 2004
(and each fifth fiscal year thereafter) a thorough re-
676
Title V, Subtitle B
HR 2202 RH
view of the appropriate worldwide levels of immigra-
tion to be provided under this section during the 5-
fiscal-year period beginning with the second subse-
quent fiscal year.
‘‘(2) CONGRESSIONAL
REAUTHORIZATION.—The
Congress, after consideration of the reviews under
paragraph (1) and by amendment to this section,
shall specify the appropriate worldwide levels of im-
migration to be provided under this section during
the 5-fiscal-year period beginning with the second
subsequent fiscal year.
‘‘(3) SUNSET
IN
ABSENCE
OF
REAUTHORIZA-
TION.—The worldwide levels specified under the pre-
vious provisions of this section are applicable only to
fiscal years 1997 through 2005. Immigrant visa num-
bers for fiscal years after fiscal year 2005 that are
subject to such levels are only authorized to the extent
provided by amendment under paragraph (2) made to
this section.’’.
Subtitle B—Changes in Preference
System
SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO
SPOUSES AND CHILDREN.
(a) RECLASSIFICATION.—Section 201(b)(2)(A) (8
U.S.C. 1151(b)(2)(A)) is amended—
677
Title V, Subtitle B
HR 2202 RH
(1) in clause (i)—
(A) by striking ‘‘IMMEDIATE RELATIVES.—
’’ and all that follows through the end of the first
sentence and inserting ‘‘An alien who is a spouse
or child of a citizen of the United States.’’, and
(B) in the second sentence, by striking ‘‘an
immediate relative’’ and inserting ‘‘a spouse of
a citizen of the United States’’; and
(2) in clause (ii), by striking ‘‘such an imme-
diate relative’’ and inserting ‘‘a spouse of a citizen of
the United States’’.
(b) PROTECTION OF CERTAIN CHILDREN FROM AGING
OUT OF PREFERENCE STATUS.—
(1) IN GENERAL.—Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following new
subsection:
‘‘(i) For purposes of applying section 101(b)(1) in the
case of issuance of an immigrant visa to, or admission or
adjustment of status of, an alien under section 201(b)(2)(A),
section 203(a)(1), or 203(e) as a child of a citizen of the
United States or a permanent resident alien, the age of the
alien shall be determined as of the date of the filing of the
classification petition under section 204(a)(1) as such a
child of a citizen of the United States or a permanent resi-
dent alien.’’.
678
Title V, Subtitle B
HR 2202 RH
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall apply to immigrant visas issued
on or after October 1, 1996.
SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.
(a) IN GENERAL.—Section 203(a) (8 U.S.C. 1153(a))
is amended by striking paragraphs (1) through (4) and in-
serting the following:
‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER-
MANENT RESIDENT ALIENS.—Immigrants who are the
spouses and children of an alien lawfully admitted for
permanent residence shall be allocated visas in a
number not to exceed 85,000, plus any immigrant
visas not used under paragraphs (2) and (3).
‘‘(2) PARENTS OF UNITED STATES CITIZENS.—
‘‘(A) IN
GENERAL.—Immigrants who are
the parents of an individual who is at least 21
years of age and a citizen of the United States
shall be allocated visas in a number, which is
not less than 25,000 and does not exceed the less-
er of—
‘‘(i) 45,000, or
‘‘(ii) the number by which the world-
wide level exceeds 85,000.
679
Title V, Subtitle B
HR 2202 RH
‘‘(B) REFERENCE TO INSURANCE REQUIRE-
MENT.—For requirement relating to insurance
for parents, see section 212(a)(4)(D).
‘‘(3) ADULT SONS AND DAUGHTERS.—
‘‘(A) IN
GENERAL.—Immigrants who are
the qualifying adult sons or daughters (as de-
fined in subparagraph (C)) of an individual who
is (i) at least 21 years of age and (ii) either a
citizen of the United States or an alien lawfully
admitted for permanent residence shall be allo-
cated visas according to the levels established in
subparagraph (B).
‘‘(B) ALLOCATION OF VISAS TO ADULT SONS
AND DAUGHTERS OF UNITED STATES CITIZENS
AND PERMANENT RESIDENT ALIENS.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), any remaining visas shall be allocated
under this paragraph in a number not to
exceed the lesser of—
‘‘(I) 5,000, or
‘‘(II) the number by which the
worldwide level exceeds the sum of
85,000 and the number of immigrant
visas used under paragraph (2).
680
Title V, Subtitle B
HR 2202 RH
‘‘(ii) ALLOCATION OF ADDITIONAL VISA
NUMBERS.—
‘‘(I) IN GENERAL.—If the demand
for visa numbers under this paragraph
exceeds the number (if any) available
under clause (i) in any fiscal year, an
additional number of visas shall be
made available under this paragraph,
but not to exceed 5,000 additional
visas numbers in any fiscal year.
‘‘(II) OFFSETTING REDUCTION IN
THE
LEVELS
OF
EMPLOYMENT-BASED
VISAS.—If an additional number of
visa numbers are made available under
subclause (I) in a fiscal year, the num-
ber of visas made available under sec-
tion 201(a)(2) and paragraphs (1)
through (6) of subsection (b) in the fis-
cal year shall be reduced by a number
equal to such additional number re-
duced by the amount (if any) by which
110,000 exceeds the number of immi-
grant visas used under paragraphs (1)
and (2) of this subsection in the fiscal
year. The reduction under each such
681
Title V, Subtitle B
HR 2202 RH
paragraph of subsection (b) shall be in
the same proportion to the total reduc-
tion as the ratio of the numerical limi-
tation under each such paragraph
specified under such subsection to the
worldwide level of employment-based
immigrants (as specified in section
201(d)).
‘‘(C) QUALIFICATIONS.—For purposes of
this paragraph, the term ‘qualifying adult son or
daughter’ means an immigrant who, as of the
date of approval of the classification petition
under section 204(a)(1)—
‘‘(i) is at least 21, but not more than
25 years of age,
‘‘(ii) has never been married,
‘‘(iii) is childless, and
‘‘(iv) would qualify as a dependent of
the petitioning individual for Federal in-
come tax purposes, except that the immi-
grant does not meet the residence require-
ments.
‘‘(D) THREE-YEAR CONDITIONAL REQUIRE-
MENT.—
682
Title V, Subtitle B
HR 2202 RH
‘‘(i) CONDITIONAL
BASIS
FOR
STA-
TUS.—Notwithstanding any other provision
of this Act, an alien provided lawful perma-
nent residence status on the basis of being
a qualifying adult son or daughter shall be
considered, at the time of obtaining the sta-
tus of an alien lawfully admitted for per-
manent residence, to have obtained such sta-
tus on a conditional basis subject to the pro-
visions of this subparagraph.
‘‘(ii) REQUIREMENTS OF NOTICE AND
PETITIONING
FOR
REMOVAL
OF
CONDI-
TIONAL
STATUS.—The Attorney General
shall establish, by regulation, procedures
which incorporate the requirements of notice
and petitioning for removal of conditional
status similar to the requirements for re-
moval of conditional status under section
216A.
‘‘(iii) TERMINATION
OF
STATUS.—In
the case of an alien with permanent resi-
dent status on a conditional basis under
clause (i), the alien must demonstrate that
the alien met the qualifications set forth in
subparagraph (C) as of the date of approval
683
Title V, Subtitle B
HR 2202 RH
of the classification petition under section
204(a). In the absence of such a demonstra-
tion by the alien, the alien’s status shall be
terminated.
‘‘(iv) SPECIAL
RULE.—In applying
section 216A under this subparagraph, any
reference to the ‘second’ anniversary in such
section is deemed a reference to the ‘third’
anniversary.’’.
(b) INSURANCE REQUIREMENT.—Section 212(a)(4) (8
U.S.C. 1182(a)(4)), as amended by section 621(a), is
amended by adding at the end the following new subpara-
graph:
‘‘(D) INSURANCE REQUIREMENTS FOR PAR-
ENTS.—
‘‘(i) IN
GENERAL.—Any alien who
seeks admission as a parent under section
203(a)(2) is inadmissible unless the alien
demonstrates at the time of issuance of the
visa (and at the time of admission) to the
satisfaction of the consular officer and the
Attorney General that the alien—
‘‘(I) will have coverage under an
adequate health insurance policy (at
least comparable to coverage provided
684
Title V, Subtitle B
HR 2202 RH
under the medicare program under
title XVIII of the Social Security Act),
and
‘‘(II) will have coverage with re-
spect to long-term health needs (at least
comparable to such coverage provided
under the medicaid program under
title XIX of such Act for the State in
which either the alien intends to reside
or in which the petitioner, on behalf of
the alien under section 204(a)(1), re-
sides),
throughout the period the individual is re-
siding in the United States.
‘‘(ii) FACTORS TO BE TAKEN INTO AC-
COUNT.—In making a determination under
clause (i), the Attorney General shall take
into account the age of the parent and the
likelihood of the parent securing health in-
surance coverage through employment.’’.
SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA-
TION.
(a) IN GENERAL.—Section 203(b) (8 U.S.C. 1153(b))
is amended—
685
Title V, Subtitle B
HR 2202 RH
(1) by redesignating paragraph (6) as para-
graph (7);
(2) by striking paragraphs (1) through (5) and
inserting the following:
‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—
Visas shall first be made available in a number not
to exceed 15,000 of such worldwide level to immi-
grants—
‘‘(A) who have extraordinary ability in the
sciences, arts, education, business, or athletics
which has been demonstrated by sustained na-
tional or international acclaim and whose
achievements have been recognized in the field
through sufficient documentation,
‘‘(B) who seek to be admitted into the
United States to continue work in the area of ex-
traordinary ability, and
‘‘(C) whose admission into the United
States will substantially benefit prospectively the
United States.
‘‘(2) ALIENS WHO ARE OUTSTANDING PROFES-
SORS AND RESEARCHERS OR MULTINATIONAL EXECU-
TIVES AND MANAGERS.—
‘‘(A) IN
GENERAL.—Visas shall be made
available, in a number not to exceed 30,000 of
686
Title V, Subtitle B
HR 2202 RH
such worldwide level, plus any visas not required
for the class specified in paragraph (1), to immi-
grants who are aliens described in subparagraph
(B) or (C).
‘‘(B) OUTSTANDING PROFESSORS AND RE-
SEARCHERS.—An alien is described in this sub-
paragraph if—
‘‘(i) the alien is recognized internation-
ally 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 univer-
sity 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
687
Title V, Subtitle B
HR 2202 RH
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 accom-
plishments in an academic field.
‘‘(C) CERTAIN MULTINATIONAL EXECU-
TIVES
AND
MANAGERS.—An alien is de-
scribed in this subparagraph if the alien, in
the 3 years preceding the time of the alien’s
application for classification and admission
into the United States under this subpara-
graph, has been employed for at least 1 year
by a firm or corporation or other legal en-
tity 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 affili-
ate thereof in a capacity that is managerial
or executive.
‘‘(3) ALIENS WHO ARE MEMBERS OF THE PRO-
FESSIONS HOLDING ADVANCED DEGREES OR ALIENS
OF EXCEPTIONAL ABILITY.—
‘‘(A) IN
GENERAL.—Visas shall be made
available, in a number not to exceed 30,000 of
688
Title V, Subtitle B
HR 2202 RH
such worldwide level, plus any visas not required
for the classes specified in paragraphs (1) and
(2), to immigrants who are aliens described in
subparagraph (B).
‘‘(B) ALIENS WHO ARE MEMBERS OF THE
PROFESSIONS HOLDING ADVANCED DEGREES OR
ALIENS OF EXCEPTIONAL ABILITY.—
‘‘(i) IN
GENERAL.—An alien is de-
scribed in this subparagraph if the alien is
a member of a profession holding an ad-
vanced degree or its equivalent or who be-
cause of 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.
‘‘(ii) 
DETERMINATION
OF
EXCEP-
TIONAL
ABILITY.—In determining under
clause (i) whether an immigrant has excep-
tional ability, the possession of a degree, di-
ploma, certificate, or similar award from a
college, university, school, or other institu-
tion of learning or a license to practice or
689
Title V, Subtitle B
HR 2202 RH
certification for a particular profession or
occupation shall not by itself be considered
sufficient evidence of such exceptional abil-
ity.
‘‘(iii) 
LABOR
CERTIFICATION
RE-
QUIRED.—An immigrant visa may not be
issued to an immigrant under this subpara-
graph until the consular officer is in receipt
of a determination made by the Secretary of
Labor pursuant to the provisions of section
212(a)(5)(A).
‘‘(iv) NATIONAL INTEREST WAIVER.—
The Attorney General may waive the re-
quirement under clause (iii) and the re-
quirement under clause (i) that an alien’s
services be sought by an employer in the
United States only if—
‘‘(I) such a waiver is necessary to
substantially benefit—
‘‘(aa) the national security,
national 
defense, 
or 
Federal,
State, or local law enforcement;
‘‘(bb) health care, housing, or
educational opportunities for an
indigent or low-income population
690
Title V, Subtitle B
HR 2202 RH
or in an underserved geographical
area;
‘‘(cc) economic or employ-
ment opportunities for a specific
industry or a specific geographi-
cal area;
‘‘(dd) the development of new
technologies; or
‘‘(ee) environmental protec-
tion or the productive use of natu-
ral resources, and
‘‘(II) the alien will engage in a
specific undertaking to advance one or
more of the interests under subclause
(I).
‘‘(4) SKILLED WORKERS AND PROFESSIONALS.—
‘‘(A) IN
GENERAL.—Visas shall be made
available, in a number not to exceed 45,000 of
such worldwide level, plus any visas not required
for the classes specified in paragraphs (1)
through (3) to immigrants who are described in
subparagraph (B) or (C).
‘‘(B) SKILLED
WORKERS.—An alien de-
scribed in this subparagraph is an immigrant
who is capable, at the time a petition is filed, of
691
Title V, Subtitle B
HR 2202 RH
performing skilled labor (requiring at least 2
years of training or experience), not of a tem-
porary or seasonal nature, for which qualified
workers are not available in the United States,
and who has a total of 4 years of training or ex-
perience (or both) with respect to such labor.
‘‘(C) PROFESSIONALS.—
‘‘(i) IN GENERAL.—An alien described
in this subparagraph is an immigrant who
holds a baccalaureate degree and is a mem-
ber of the professions and, subject to clause
(ii), has at least 2 years of experience in the
profession after the receipt of the degree.
‘‘(ii) SPECIAL
RULE
FOR
LANGUAGE
TEACHERS.—An alien who is a teacher and
has (within the previous 5 years) at least 2
years of experience teaching a language
(other than English) full-time at an accred-
ited elementary or middle school may be
classified and admitted as a professional
under this subparagraph if the alien is seek-
ing admission to teach such language full-
time in an accredited elementary or middle
school.
692
Title V, Subtitle B
HR 2202 RH
‘‘(D) LABOR
CERTIFICATION
REQUIRED.—
An immigrant visa may not be issued to an im-
migrant under this paragraph until the consular
officer is in receipt of a determination made by
the Secretary of Labor pursuant to the provi-
sions of section 212(a)(5)(A).
‘‘(E) EXPERIENCE REQUIREMENT.—Any pe-
riod of experience acquired as a nonimmigrant
under section 101(a)(15)(E), 101(a)(15)(H)(i),
or 101(a)(15)(L) may be used to fulfill a require-
ment for experience under this paragraph.
‘‘(5) INVESTORS IN JOB CREATION.—
‘‘(A) IN
GENERAL.—Visas shall be made
available, in a number not to exceed 10,000 of
such worldwide level less the reduction in visa
numbers under this paragraph required to be ef-
fected under section 201(c)(5)(A) for the fiscal
year involved, to immigrants seeking to enter the
United States for the purpose of engaging in a
new commercial enterprise—
‘‘(i) which the alien has established,
‘‘(ii) in which the alien has invested
(after the date of the enactment of the Im-
migration Act of 1990), or is actively in the
693
Title V, Subtitle B
HR 2202 RH
process of investing, capital in an amount
not less $1,000,000, and
‘‘(iii) which will benefit the United
States economy and create full-time employ-
ment for not fewer than 10 United States
citizens or aliens lawfully admitted for per-
manent residence or other immigrants law-
fully authorized to be employed in the Unit-
ed States (other than the immigrant and
the immigrant’s spouse, sons, or daughters).
‘‘(B) PILOT PROGRAM.—For each of fiscal
years 1997 and 1998, up to 2,000 visas otherwise
made available under this paragraph shall be
made available to immigrants who would be de-
scribed in subparagraph (A) if ‘$500,000’ were
substituted for ‘$1,000,000’ in subparagraph
(A)(ii) and if ‘for not fewer than 5’ were sub-
stituted for ‘for not fewer than 10’ in subpara-
graph (A)(iii). By not later than April 1, 1998,
the Attorney General shall submit to Congress a
report on the operation of this subparagraph and
shall include in the report information describ-
ing the immigrants admitted under this para-
graph and the enterprises they invest in and a
recommendation on whether the pilot program
694
Title V, Subtitle B
HR 2202 RH
under this subparagraph should be continued or
modified.
‘‘(6) 
CERTAIN
SPECIAL
IMMIGRANTS.—Visas
shall be made available, in a number not to exceed
5,000 of such worldwide level, to qualified special im-
migrants described in section 101(a)(27) (other than
those described in subparagraph (A) thereof), of which
not more than 4,000 may be made available in any
fiscal year to special immigrants described in
subclause (II) or (III) of section 101(a)(27)(C)(ii).’’;
and
(3) by adding at the end the following new para-
graph:
‘‘(8) NOT COUNTING WORK EXPERIENCE AS AN
UNAUTHORIZED
ALIEN.—For purposes of this sub-
section, work experience obtained in employment in
the United States with respect to which the alien was
an unauthorized alien (as defined in section
274A(h)(3)) shall not be taken into account.’’.
(b) CONDITIONAL STATUS
FOR CERTAIN FOREIGN
LANGUAGE TEACHERS.—
(1) IN GENERAL.—Title II is amended by insert-
ing after section 216A the following new section:
695
Title V, Subtitle B
HR 2202 RH
‘‘CONDITIONAL PERMANENT RESIDENT STATUS FOR
CERTAIN FOREIGN LANGUAGE TEACHERS
‘‘SEC. 216B. (a) IN GENERAL.—Subject to the succeed-
ing provisions of this section, section 216A shall apply to
an alien foreign language teacher (as defined in subsection
(d)(1)) and to an alien spouse or alien child (as defined
in subsection (d)(2)) in the same manner as such section
applies to an alien entrepreneur and an alien spouse or
alien child.
‘‘(b) TIMING FOR PETITION.—
‘‘(1) IN
GENERAL.—In applying section 216A
under subsection (a), any reference to a ‘second anni-
versary of an alien’s lawful admission for permanent
residence’ is deemed a reference to the end of the time
period described in paragraph (2).
‘‘(2) TIME PERIOD FOR DETERMINATION.—The
time period described in this paragraph is 5 years
less the period of experience, during the 5-year period
ending on the date the alien foreign language teacher
obtains permanent resident status, of teaching a lan-
guage (other than English) full-time at an accredited
elementary or middle school.
‘‘(c) REQUIREMENT FOR TOTAL OF 5 YEARS’ TEACH-
ING EXPERIENCE.—In applying section 216A under sub-
section (a), the determination of the Attorney General under
696
Title V, Subtitle B
HR 2202 RH
section 216A(b)(1) shall be whether (and the facts and infor-
mation under section 216A(d)(1) shall demonstrate that)
the alien has been employed on a substantially full-time
basis as a foreign language teacher at an accredited elemen-
tary or middle school in the United States during the period
since obtaining permanent residence status (instead of the
determinations described in section 216A(b)(1) and of the
facts and information described in section 216A(d)(1)).
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘alien foreign language teacher’
means an alien who obtains the status of an alien
lawfully admitted for permanent residence (whether
on a conditional basis or otherwise) under section
203(b)(4)(C)(ii) on the basis of less than 5 years’
teaching experience.
‘‘(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 vir-
tue of being the spouse or child, respectively, of an
alien foreign language teacher.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents is amended by inserting after the item relating
to section 216A the following:
‘‘Sec. 216B. Conditional permanent resident status for certain foreign language
teachers.’’.
697
Title V, Subtitle B
HR 2202 RH
SEC. 514. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.
(a) APPLICATION ONLY TO 10 COUNTRIES WITH HIGH-
EST REGISTRANTS.—Section 203(c) (8 U.S.C. 1153(c)) is
amended—
(1) in paragraph (1)(B)(ii), by striking ‘‘and’’
at the end of subclause (I), by striking the period at
the end of subclause (II) and inserting ‘‘, and’’, and
by adding at the end the following new subclause:
‘‘(III) within each region, the 10
foreign states which had the highest
number of registrants for the diversity
immigrant program under this sub-
section for the period beginning Octo-
ber 1, 1994, and ending September 30,
1996, and which are not high-admis-
sion states.’’; and
(2) by adding at the end of paragraph (1)(E) the
following new clause:
‘‘(vi) TEN STATES ELIGIBLE IN EACH
REGION.—Only natives of the 10 states
identified for each region in subparagraph
(B)(ii)(III) are eligible for diversity visas.’’.
(b) CHANGE
IN DEFINITION
OF REGION.—Section
203(c)(1)(F) (8 U.S.C. 1153(c)(1)(F)) is amended—
(1) by striking ‘‘Northern Ireland shall be treat-
ed as a separate foreign state,’’,
698
Title V, Subtitle B
HR 2202 RH
(2) by striking the comma after ‘‘foreign state’’,
(3) in clause (iv), by striking ‘‘(other than Mex-
ico)’’,
(4) in clause (vi), by striking ‘‘Mexico,’’.
(c) ESTABLISHING
JOB
OFFER
REQUIREMENT.—
Paragraph (2) of section 203(c) (8 U.S.C. 1153(c)) is
amended to read as follows:
‘‘(2) REQUIREMENT OF JOB OFFER AND EDU-
CATION OR SKILLED WORKER.—An alien is not eligi-
ble for a visa under this subsection unless the alien—
‘‘(A) has a job offer in the United States
which has been verified;
‘‘(B) has at least a high school education or
its equivalent; and
‘‘(C) has at least 2 years of work experience
in an occupation which requires at least 2 years
of training.’’.
(d) ADDITIONAL
PROVISIONS.—Section 203(c) (8
U.S.C. 1153) is further amended by adding at the end the
following new paragraphs:
‘‘(4) FEES.—Fees for the furnishing and ver-
ification of applications for visas under this sub-
section and for the issuance of visas under this sub-
section may be prescribed by the Secretary of State in
such amounts as are adequate to compensate the De-
699
Title V, Subtitle B
HR 2202 RH
partment of State for the costs of administering the
diversity immigrant program. Any such fees collected
may be deposited as an offsetting collection to the ap-
propriate Department of State appropriation to re-
cover the costs of such program and shall remain
available for obligation until expended.
‘‘(5) INELIGIBILITY
OF
ALIENS
UNLAWFULLY
PRESENT IN THE UNITED STATES.—An alien who is
unlawfully present in the United States at the time
of filing of an application, within 5 years prior to the
filing of such application, or at any time subsequent
to the filing of the application is ineligible for a visa
under this subsection.’’.
SEC. 515. AUTHORIZATION TO REQUIRE PERIODIC CON-
FIRMATION OF CLASSIFICATION PETITIONS.
(a) IN GENERAL.—Section 204(b) (8 U.S.C. 1154(b))
is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and by adding
at the end the following new paragraph:
‘‘(2)(A) The Attorney General may provide that a peti-
tion approved with respect to an alien (and the priority
date established with respect to the petition) shall expire
after a period (specified by the Attorney General and of
not less than 2 years) following the date of approval of the
petition, unless the petitioner files with the Attorney Gen-
eral a form described in subparagraph (B).
700
Title V, Subtitle B
HR 2202 RH
‘‘(B) The Attorney General shall specify the form to
be used under this paragraph. Such form shall be de-
signed—
‘‘(i) to reconfirm the continued intention of the
petitioner to seek admission of the alien based on the
classification involved, and
‘‘(ii) as may be provided by the Attorney Gen-
eral, to update the contents of the original classifica-
tion petition.
‘‘(C) The Attorney General may apply subparagraph
(A) to one or more classes of classification petitions and
for different periods of time for different classes of such peti-
tions, as specified by the Attorney General.’’.
(b) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendments made by subsection (a)
shall not apply to classification petitions filed before Octo-
ber 1, 1996.
(2) The Attorney General may apply such amendments
to such classification petitions, but only in a manner so
that no such petition expires under such amendments before
October 1, 2000.
SEC. 516. CHANGES IN SPECIAL IMMIGRANT STATUS.
(a) REPEALING CERTAIN OBSOLETE PROVISIONS.—
Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by
striking subparagraphs (B), (E), (F), (G), and (H).
701
Title V, Subtitle B
HR 2202 RH
(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO
CIVILIAN
EMPLOYEES.—Section 101(a)(27) (8 U.S.C.
1101(a)(27)) is further amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(J),
(2) by striking the period at the end of subpara-
graph (K) and inserting ‘‘; or’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(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 de-
scribed in paragraph (15)(G)(i) were treated as
a reference to the North American Treaty Orga-
nization (NATO);
‘‘(ii) to a nonimmigrant under paragraph
(15)(G)(iv) were treated as a reference to a non-
immigrant classifiable under NATO–6 (as a
member of a civilian component accompanying
a force entering in accordance with the provi-
sions 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 Mili-
702
Title V, Subtitle B
HR 2202 RH
tary Headquarters’ set up pursuant to the North
Atlantic Treaty, or as a dependent); and
‘‘(iii) to the Immigration Technical Correc-
tions Act of 1988 or to the Immigration and Na-
tionality Technical Corrections Act of 1994 were
a reference to the Immigration in the National
Interest Act of 1995.’’.
(c) CONFORMING NONIMMIGRANT STATUS FOR CER-
TAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN.—Sec-
tion 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is amend-
ed—
(1) by inserting ‘‘(or under analogous authority
under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and
(2) by inserting ‘‘(or under analogous authority
under paragraph (27)(L))’’ after ‘‘(27)(I)’’.
(d) EXTENSION OF SUNSET FOR RELIGIOUS WORK-
ERS.—Section 
101(a)(27)(C)(ii) 
(8 
U.S.C.
1101(a)(27)(C)(ii)) is amended by striking ‘‘1997’’ and in-
serting ‘‘2005’’ each place it appears.
(e) ADDITIONAL CONFORMING AMENDMENTS.—
(1) 
Section 
201(b)(1)(A) 
(8 
U.S.C.
1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.
(2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is
amended by striking ‘‘or (B)’’.
703
Title V, Subtitle B
HR 2202 RH
(3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as
redesignated by section 851(a)(3)(A), is amended by
striking ‘‘, who has not otherwise been accorded status
under section 101(a)(27)(H),’’.
(4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is
amended by striking ‘‘101(a)(27)(H), (I),’’ and in-
serting ‘‘101(a)(27)(I),’’.
(f) EFFECTIVE DATES.—(1) Except as provided in this
section, the amendments made by this section shall take ef-
fect on the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not
apply to any alien with respect to whom an application
for special immigrant status under a subparagraph re-
pealed by such amendments has been filed by not later than
September 30, 1996.
SEC. 517. REQUIREMENTS FOR REMOVAL OF CONDITIONAL
STATUS OF ENTREPRENEURS.
(a) IN
GENERAL.—Section 216A(b) (8 U.S.C.
1186b(b)) is amended—
(1) by amending clause (ii) of paragraph (1)(B)
to read as follows:
‘‘(ii) subject to paragraph (3), the alien did
not invest (and maintain investment of) the req-
uisite capital, or did not employ the requisite
number of employees, throughout substantially
704
Title V, Subtitle B
HR 2202 RH
the entire period since the alien’s admission; or’’,
and
(2) by adding at the end the following new para-
graph:
‘‘(3) EXCEPTIONS.—
‘‘(A) GOOD FAITH EXCEPTION.—Paragraph
(1)(B)(ii) shall not apply to an alien to the ex-
tent that the alien continues to attempt in good
faith throughout the period since admission to
invest (and maintain investment of) the requisite
capital, and to employ the requisite number of
employees, but was unable to do so due to cir-
cumstances for which the alien should not justly
be held responsible.
‘‘(B) EXTENSION.—In the case of an alien
to whom the exception under subparagraph (A)
applies, the application period under subsection
(d)(2) (and period for termination under para-
graph (1)) shall be extended (for up to 3 addi-
tional years) by such additional period as may
be necessary to enable the alien to have had the
requisite capital and number of employees
throughout a 2-year period. Such extension shall
terminate at any time at which the Attorney
General finds that the alien has not continued to
705
Title V, Subtitle B
HR 2202 RH
attempt in good faith to invest such capital and
employ such employees.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to aliens admitted on or after the
date of the enactment of this Act.
SEC. 518. ADULT DISABLED CHILDREN.
Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended—
(1) in subparagraph (E) by striking ‘‘or’’ at the
end,
(2) in subparagraph (F) by striking the period
at the end and inserting ‘‘; or’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(G) a child of a citizen or national of the Unit-
ed States or lawful permanent resident alien, regard-
less of age, who has never been married, and who has
a severe mental or physical impairment, or combina-
tion of mental or physical impairments, which—
‘‘(i) is likely to continue indefinitely; and
‘‘(ii) causes substantially total inability to
perform functions necessary for independent liv-
ing, including but not necessarily limited to 3 or
more of the following areas of major life activ-
ity—
‘‘(I) self-care,
706
Title V, Subtitle B
HR 2202 RH
‘‘(II) interpersonal communication,
‘‘(III) learning,
‘‘(IV) mobility, and
‘‘(V) self-direction:
Provided, That no child may be considered to be a
child within the meaning of this subparagraph on the
basis, in whole or in part, of any physical or mental
impairment that is not being ameliorated through
medical treatment to the maximum extent reasonably
possible given the ability and resources of such child
and the citizen, national, or lawful permanent resi-
dent alien who is the child’s parent.’’.
SEC. 519. MISCELLANEOUS CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENTS RELATING TO IMME-
DIATE RELATIVES.—
(1) 
Section 
101(b)(1)(F) 
(8 
U.S.C.
1101(b)(1)(F)) is amended by striking ‘‘as an imme-
diate relative under section 201(b)’’ and inserting ‘‘as
a child of a citizen of the United States’’.
(2) Section 204 (8 U.S.C. 1154) is amended—
(A) in subsection (a)(1)(A)(i), by striking
‘‘to an immediate relative status’’ and inserting
‘‘to status as the spouse or child of a citizen of
the United States’’;
707
Title V, Subtitle B
HR 2202 RH
(B) in subsection (a)(1)(A)(iii), by striking
‘‘as an immediate relative’’ and inserting ‘‘as the
spouse of a citizen of the United States’’;
(C) in subsection (a)(1)(iv), by striking ‘‘as
an immediate relative’’ and inserting ‘‘as a child
of a citizen of the United States’’;
(D) in subsection (b), by striking ‘‘an im-
mediate relative specified in section 201(b)’’ and
inserting ‘‘a spouse or child of a citizen of the
United States under section 201(b)’’;
(E) in subsection (c), by striking ‘‘an im-
mediate relative or preference’’ and inserting ‘‘a
preferential’’;
(F) in subsection (e)—
(i) by striking ‘‘an immediate relative’’
and inserting ‘‘a spouse or child of a citizen
of the United States’’, and
(ii) by striking ‘‘his’’ and ‘‘he’’ and in-
serting ‘‘the alien’s’’ and ‘‘the alien’’, re-
spectively; and
(G) in subsection (g), by striking ‘‘imme-
diate relative status’’ and inserting ‘‘status as a
spouse or child of a citizen of the United States
or other’’.
708
Title V, Subtitle B
HR 2202 RH
(3) 
Section 
212(a)(6)(E)(ii) 
(8 
U.S.C.
1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme-
diate relative’’ and inserting ‘‘a spouse, child, or par-
ent of a citizen of the United States’’.
(4) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is
amended by striking ‘‘an immediate relative’’ and in-
serting ‘‘a spouse or child of a citizen of the United
States’’.
(5) 
Section 
216(g)(1)(A) 
(8 
U.S.C.
1186a(g)(1)(A)) is amended by striking ‘‘an imme-
diate relative (described in section 201(b)) as the
spouse of a citizen of the United States’’ and insert-
ing ‘‘the spouse of a citizen of the United States (de-
scribed in section 201(b))’’.
(6) Section 221(a) (8 U.S.C. 1201(a)) is amend-
ed by striking ‘‘, immediate relative,’’.
(7)(A) Section 224 (8 U.S.C. 1204) is amend-
ed—
(i) by amending the heading to read as fol-
lows:
‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND
SPECIAL IMMIGRANTS’’,
(ii) by striking ‘‘immediate relative’’ the
first place it appears and inserting ‘‘a spouse or
child of a citizen of the United States’’, and
709
Title V, Subtitle B
HR 2202 RH
(iii) by striking ‘‘immediate relative status’’
and inserting ‘‘status or status as a spouse or
child of a citizen of the United States’’.
(B) The item in the table of contents relating to
section 224 is amended to read as follows:
‘‘Sec. 224.
Visas for spouses and children of citizens and special immigrants.’’.
(8) Subsection (a)(1)(E)(ii) of section 241 (8
U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2), is amended by striking ‘‘an imme-
diate relative’’ and inserting ‘‘a spouse, child, or par-
ent of a citizen of the United States under section
201(b) or 203(a)(2)’’.
(9) Section 245(c) (8 U.S.C. 1255(c)) is amended
by striking ‘‘an immediate relative as defined in sec-
tion 201(b)’’ and inserting ‘‘a spouse or child of a cit-
izen of the United States under section 201(b) or a
parent of a citizen under section 203(a)(2)’’ each
place it appears.
(10) Section 291 (8 U.S.C. 1361) is amended by
striking ‘‘immigrant, special immigrant, immediate
relative’’ and inserting ‘‘immigrant status, special
immigrant status, status as a spouse or child of a cit-
izen of the United States’’.
(11) Section 401 of the Immigration Reform and
Control Act of 1986 is amended by striking ‘‘imme-
710
Title V, Subtitle B
HR 2202 RH
diate relatives’’ and inserting ‘‘spouses and children
of citizens’’.
(b) CONFORMING AMENDMENTS FOR OTHER FAMILY-
SPONSORED IMMIGRANTS.—
(1) PETITIONING REQUIREMENTS.—Section 204
(8 U.S.C. 1154) is amended—
(A) in subsection (a)(1)(A)(i), by striking
‘‘paragraph (1), (3), or (4)’’ and inserting
‘‘paragraph (2) or (3)’’;
(B) in subsection (a)(1)(B)(i), by striking
‘‘section 203(a)(2)’’ and inserting ‘‘paragraph
(1) or (3) of section 203(a)(1)’’;
(C) in clauses (ii) and (iii) of subsection
(a)(1)(B), by striking ‘‘203(a)(2)(A)’’ and insert-
ing ‘‘203(a)(1)’’; and
(D) in subsection (f)(1), by striking ‘‘,
203(a)(1), or 203(a)(3)’’ and inserting ‘‘or
203(a)(2)’’.
(2) APPLICATION OF PER COUNTRY LEVELS.—
Section 202 (8 U.S.C. 1152) is amended—
(A) by amending paragraph (4) of sub-
section (a) to read as follows:
‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL-
DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—
711
Title V, Subtitle B
HR 2202 RH
‘‘(A) 75 PERCENT OF 1ST PREFERENCE NOT
SUBJECT TO PER COUNTRY LIMITATION.—Of the
visa numbers made available under section
203(a) to immigrants described in paragraph (1)
of that section in any fiscal year, 63,750 shall be
issued without regard to the numerical limita-
tion under paragraph (2).
‘‘(B) 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 203(a)(1) exceeds
the maximum number of visas that may be made
available to immigrants of the state or area
under such section consistent with subsection (e)
(determined without regard to this paragraph),
in applying paragraph (2) of section 203(a)
under subsection (e)(2) all visas shall be deemed
to have been required for the classes specified in
paragraph (1) of such section.’’; and
(B) in subsection (e)—
(i) in paragraph (1), by inserting be-
fore the semicolon the following: ‘‘(deter-
mined without regard to subsections (c)(4)
and (d)(2) of section 201)’’,
712
Title V, Subtitle B
HR 2202 RH
(ii) in paragraph (2), by striking
‘‘paragraphs (1) through (4)’’ and inserting
‘‘paragraphs (1) and (2)’’, and
(iii) in the last sentence, by striking
‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.
(3) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Subsection (d) of section 203 (8 U.S.C.
1153), before redesignation by section 524(a)(1),
is amended by striking ‘‘(a)’’ and inserting
‘‘(a)(2)’’.
(B) Section 212(a)(6)(E)(ii) (8 U.S.C.
1182(a)(6)(E)(ii)) and subsection (a)(1)(E)(ii) of
section 241 (8 U.S.C. 1251)), before redesigna-
tion as section 237 under section 305(a)(2), are
each amended by striking ‘‘203(a)(2)’’ and in-
serting ‘‘203(a)(1)’’.
(C) 
Section 
212(d)(11) 
(8 
U.S.C.
1182(d)(11)) is amended by striking ‘‘immigrant
under section 203(a) (other than paragraph (4)
thereof)’’ and inserting ‘‘an immigrant under
section 203(a)’’.
(D) 
Section 
216(g)(1)(C) 
(8 
U.S.C.
1186a(g)(1)(C)) 
is 
amended 
by 
striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
713
Title V, Subtitle B
HR 2202 RH
(E) Section 2(c) of the Virgin Islands Non-
immigrant Alien Adjustment Act of 1982 (Public
Law 97–271) is amended—
(i) in paragraph (2), by inserting ‘‘or
first or third family preference petitions’’
after ‘‘second preference petitions’’;
(ii) in paragraph (3)(A), by striking
‘‘or’’ at the end;
(iii) in paragraph (3)(B), by striking
the period at the end and inserting ‘‘; or’’;
(iv) by adding at the end of paragraph
(3) the following new subparagraph:
‘‘(C) by virtue of a first or third family pref-
erence petition filed by an individual who was admit-
ted to the United States as an immigrant by virtue
of a second family preference petition filed by the son
or daughter of the individual, if that son or daughter
had his or her status adjusted under this section.’’;
and
(v) in paragraph (4), by striking ‘‘on
or after such date).’’ and inserting the fol-
lowing: ‘‘on or after such date and before
October 1, 1996). For purposes of this sub-
section, the terms ‘first family preference
petition’, ‘second family preference petition’,
714
Title V, Subtitle B
HR 2202 RH
and ‘third family preference petition’ mean,
in the case of an alien, a petition filed
under section 204(a) of the Act to grant
preference status to the alien by reason of
the 
relationship 
described 
in 
section
203(a)(1), 203(a)(2), or 203(a)(3), respec-
tively (as in effect on and after October 1,
1996).’’.
(c) CONFORMING AMENDMENTS RELATING
TO EM-
PLOYMENT-BASED IMMIGRANTS.—
(1) TREATMENT OF SPECIAL K IMMIGRANTS.—
Subparagraph (B) of section 203(b)(7) (8 U.S.C.
1153(b)(7)), as redesignated by section 513(a)(1), is
amended—
(A) in clause (i), by striking ‘‘and (3) shall
each be reduced by 1⁄3’’ and inserting ‘‘(3), and
(4) shall each be reduced by the same proportion,
as the proportion (of the visa numbers made
available under all such paragraphs) that were
made available under each respective para-
graph,’’, and
(B) in clause (iii), by striking ‘‘(3) of this
subsection in the fiscal year shall be reduced by
1⁄3’’ and inserting ‘‘(4) in the fiscal year reduced
by the same proportion, as the proportion (of the
715
Title V, Subtitle B
HR 2202 RH
visa numbers made available under all such
paragraphs to natives of the foreign state) that
were made available under each respective para-
graph to such natives,’’.
(2) CONFORMING AMENDMENTS RELATING TO PE-
TITIONING
RIGHTS.—Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended—
(A) in subparagraph (C), by striking
‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;
(B) in subparagraph (D), by striking ‘‘sec-
tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or
203(b)(3)’’ and inserting ‘‘section 203(b)(2),
203(b)(3), or 203(b)(4)’’;
(C) in subparagraph (E)(i), by striking
‘‘203(b)(4)’’ and inserting ‘‘203(b)(6)’’; and
(D) by redesignating subparagraphs (E)
and (F) as subparagraphs (F) and (E), respec-
tively, and by moving subparagraph (E) (as so
redesignated) to precede subparagraph (F) (as so
redesignated).
(3) GROUND
FOR
INADMISSIBILITY.—Section
212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended by
striking ‘‘(2) or (3)’’ and inserting ‘‘(3) or (4)’’.
(4) OTHER CONFORMING AMENDMENTS.—
716
Title V, Subtitle B
HR 2202 RH
(A) Section 202(e)(3) (8 U.S.C. 1152(e)(3))
is amended by striking ‘‘through (5)’’ and insert-
ing ‘‘through (6)’’.
(B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)),
as added by section 130003(c)(1) Violent Crime
Control and Law Enforcement Act of 1994 (Pub-
lic Law 103–322) and as redesignated by section
851(a)(3)(A) of this Act, is amended by striking
‘‘203(b)(4)’’ and inserting ‘‘203(b)(6)’’.
(C) Section 154(b)(1)(B)(i) of the Immigra-
tion Act of 1990 is amended by striking ‘‘1991)’’
and inserting ‘‘1991, and before October 1, 1996)
or under section 203(a), 203(b)(1), or 203(b)(2)
(as in effect on and after October 1, 1996)’’.
(D) Section 206(a) of the Immigration Act
of 1990 is amended by striking ‘‘203(b)(1)(C)’’
and inserting ‘‘203(b)(2)(C)’’.
(E) Section 2(d)(2)(A) of the Chinese Stu-
dent Protection Act of 1992 (Public Law 102–
404) is amended by striking ‘‘203(b)(3)(A)(i)’’
and inserting ‘‘203(b)(4)(B)’’.
(F) The Soviet Scientists Immigration Act
of 1992 (Public Law 102–509) is amended—
(i) in sections 3 and 4(a), by striking
‘‘203(b)(2)(A) of the Immigration and Na-
717
Title V, Subtitle C
HR 2202 RH
tionality Act (8 U.S.C. 1153(b)(2)(A))’’ and
inserting ‘‘203(b)(3)(B)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1153(b)(3)(B)(i))’’, and
(ii) 
in 
section 
4(c), 
by 
striking
‘‘203(b)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(2)(A))’’ and
inserting ‘‘203(b)(3) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)(2))’’.
(d) REPEAL OF CERTAIN OUTDATED PROVISIONS.—
The following provisions of law are repealed:
(1) Section 9 of Public Law 94–571 (90 Stat.
2707).
(2) Section 19 of Public Law 97–116 (95 Stat.
1621).
Subtitle C—Refugees, Parole, and
Humanitarian Admissions
SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.
(a) IN GENERAL.—Paragraphs (1) and (2) of section
207(a) (8 U.S.C. 1157(a)) are amended to read as follows:
‘‘(1) Except as provided in paragraph (2) and sub-
section (b), the number of refugees who may be admitted
under this section in any fiscal year shall be such number
as the President determines, before the beginning of the fis-
cal year and after appropriate consultation, is justified by
718
Title V, Subtitle C
HR 2202 RH
humanitarian concerns or is otherwise in the national in-
terest.
‘‘(2)(A) Except as provided in subparagraph (B), the
number determined under paragraph (1) for a fiscal year
may not exceed—
‘‘(i) 75,000 in the case of fiscal year 1997, or
‘‘(ii) 50,000 in the case of any succeeding fiscal
year.
‘‘(B) The number determined under paragraph (1) for
a fiscal year may exceed the limit specified under subpara-
graph (A) if Congress enacts a law providing for a higher
number.’’.
(b) ADMISSIONS
IN EMERGENCY REFUGEE SITUA-
TIONS
AND TIMING
OF
THE REFUGEE CONSULTATION
PROCESS.—
(1) Section 207(b) (8 U.S.C. 1157(b)) and sec-
tion 207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are
amended by striking ‘‘unforeseen’’.
(2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is
amended by striking ‘‘Before the start of each fiscal
year’’ and inserting ‘‘Before June 1 of the preceding
fiscal year’’.
(3) Section 207(e) (8 U.S.C. 1157(e)) is amended
by adding at the end the following:
719
Title V, Subtitle C
HR 2202 RH
‘‘Such discussions shall occur before July 1 of the fiscal year
preceding the fiscal year of admissions, except that discus-
sions relating to an emergency refugee situation shall occur
not more than 30 days after the President proposes admis-
sions in response to the emergency.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply beginning with fiscal year
1997.
SEC. 522. PERSECUTION FOR RESISTANCE TO COERCIVE
POPULATION CONTROL METHODS.
(a) DEFINITION OF REFUGEE.—Section 101(a)(42) (8
U.S.C. 1101(a)(42)) is amended by adding at the end the
following: ‘‘For purposes of determinations under this Act,
a person who has been forced to abort a pregnancy or to
undergo involuntary sterilization, or who has been per-
secuted for failure or refusal to undergo such a procedure
or for other resistance to a coercive population control pro-
gram, shall be deemed to have been persecuted on account
of political opinion, and a person who has a well founded
fear that he or she will be forced to undergo such a proce-
dure or subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well founded fear of
persecution on account of political opinion.’’.
720
Title V, Subtitle C
HR 2202 RH
(b) NUMERICAL
LIMITATION.—Section 207(a) (8
U.S.C. 1157(a)), as amended by section 532(b), is amended
by adding at the end the following new paragraph:
‘‘(4) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination
under the last sentence of section 101(a)(42) (relating to
persecution for resistance to coercive population control
methods).’’.
SEC. 523. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE
BASIS FOR HUMANITARIAN REASONS OR SIG-
NIFICANT PUBLIC BENEFIT.
(a) IN GENERAL.—Paragraph (5) of section 212(d) (8
U.S.C. 1182(d)) is amended to read as follows:
‘‘(5)(A) Subject to the provisions of this paragraph
and section 214(f)(2), the Attorney General, in the sole dis-
cretion of the Attorney General, may on a case-by-case basis
parole an alien into the United States temporarily, under
such conditions as the Attorney General may prescribe,
only—
‘‘(i) for an urgent humanitarian reason (as de-
scribed under subparagraph (B)); or
‘‘(ii) for a reason deemed strictly in the public
interest (as described under subparagraph (C)).
723
Title V, Subtitle C
HR 2202 RH
roled, the duration of parole, and the current status of
aliens paroled during the preceding fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to individuals paroled into the Unit-
ed States on or after the first day of the first month begin-
ning more than 60 days after the date of the enactment
of this Act.
SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.
(a) IN GENERAL.—Section 203 (8 U.S.C. 1153) is
amended—
(1) by redesignating subsections (d) through (g)
as subsections (e) through (h), respectively, and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d) HUMANITARIAN IMMIGRANTS.—
‘‘(1) IN GENERAL.—Aliens subject to the world-
wide humanitarian level specified in section 201(e)
shall be allotted visas only if the aliens have been se-
lected by the Attorney General under paragraph (2)
as of special humanitarian concern to the United
States.
‘‘(2) SELECTION OF IMMIGRANTS.—
‘‘(A) IN GENERAL.—The Attorney General
shall, on a case-by-case basis and based on hu-