(2) The limitation referred to in paragraph (1) of this subsection may be
increased or shall cease to apply (other than under paragraph 3 of Appendix
1603.D.4) only if—
(A) the President has obtained advice about the proposed action
from the appropriate advisory committees established under section
135 of the Trade Act of 1974 (19 U.S.C. 2155);
(B) the President has submitted a report to the Committees on the
Judiciary of the Senate and the House of Representatives that states
the action proposed to be taken, the reasons for the proposed action,
and the advice obtained under clause (A) of this paragraph;
(C) at least 60 days have passed after the President meets the re-
quirements of clauses (A) and (B) of this paragraph; and
(D) the President consults with those committees during that 60-day
period about the proposed action.
(d) ADDITIONAL REQUIREMENTS FOR CITIZENS OF MEXICO.—During
the period that Appendix 1603.D.4 of Annex 1603 of the North American
Free Trade Agreement applies, an alien who is a citizen of Mexico and en-
ters under section D of Annex 1603 must comply—
(1) for a registered nurse, with the attestation requirements of sec-
tion 2902 of this title, to the extent and in the way provided by regula-
tions prescribed by the Secretary of Labor;
(2) for all other professions set out in Appendix 1603.D.1 of Annex
1603, with the application requirements of section 2351 of this title,
to the extent and in the way provided by regulations prescribed by the
Secretary of Labor; and
(3) with the employer petition requirements of this chapter, to the
extent and in the way provided by regulations prescribed by the Attor-
ney General.
(e) LABOR DISPUTES.—An alien who is a citizen of Canada or a citizen
of Mexico and who is coming to the United States under section C or D
of Annex 1603 of the North American Free Trade Agreement is not entitled
to be classified as a nonimmigrant under those sections if there is a strike
or lockout in progress during a labor dispute in the occupational classifica-
tion at the alien’s place or intended place of employment, unless the alien
establishes under regulations prescribed by the Attorney General that the
alien’s entry will not adversely affect the settlement of the strike or lockout
or the employment of any individual who is involved in the strike or lockout.
Notice of a decision by the Attorney General under this subsection shall be
given in the way required by paragraph 3 of Article 1603 of the Agreement.
§ 2308. Media representatives
On a reciprocal basis, an alien is classifiable as a nonimmigrant under
this section if the alien is—
(1) a representative of foreign information media who is coming to
the United States only to work as a representative of foreign informa-
tion media; or
(2) the spouse or child of an alien described in clause (1) of this sec-
tion if accompanying or following to join the alien.
§ 2309. Aliens engaged to marry citizens
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien is—
(1) engaged to marry a citizen of the United States and is coming
to the United States only to marry the citizen within 90 days after
entry; or
(2) the child of an alien described in clause (1) of this subsection
if accompanying or following to join the alien.
(b) FIANCEE OR FIANCE PETITIONS.—(1) The citizen fiancee or fiance
of an alien described in subsection (a)(1) of this section must file a petition
in the United States with the Attorney General. The petition must be in
the form and contain the information the Attorney General prescribes by
regulation. The Attorney General may approve the petition only if satisfied
that the parties—
(A) previously have met in person during the 2 years before the date
the petition was filed, except that the Attorney General may waive this
requirement;
(B) intend to marry; and
(C) are legally able and willing to marry not later than 90 days after
the alien arrives in the United States.
(2) The consular officer must receive the petition approved by the Attor-
ney General before a visa may be issued to the alien.
§ 2310. Students in academic institutions and language
training programs
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning;
(B) is a student qualified to take a full course of study; and
(C) is coming to the United States temporarily and only to take a
full course of study at an established academic institution or in a lan-
guage training program designated by the alien and approved by the
Attorney General under subsection (b) of this section; or