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which such relative has a significant own-
ership interest) is inadmissible unless such
relative has executed an affidavit of sup-
port described in section 213A with respect
to such alien.’’.
(b) EFFECTIVE DATE.—(1) Subject to paragraph
(2), the amendment made by subsection (a) shall apply
to applications submitted on or after such date, not earlier
than 30 days and not later than 60 days after the date
the Attorney General promulgates under section 632(f) a
standard form for an affidavit of support, as the Attorney
General shall specify.
(2) Section 212(a)(4)(C)(i) of the Immigration and
Nationality Act, as amended by subsection (a), shall apply
only to aliens seeking admission or adjustment of status
under a visa number issued on or after October 1, 1996.
SEC. 622. GROUND FOR DEPORTABILITY.
(a) IN GENERAL.—Paragraph (5) of section 241(a)
(8 U.S.C. 1251(a)) is amended to read as follows:
‘‘(5) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, within
7 years after the date of entry or admission, be-
comes a public charge is deportable.
‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)
shall not apply if the alien establishes that the
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alien has become a public charge from causes
that arose after entry or admission. A condition
that the alien knew (or had reason to know)
existed at the time of entry or admission shall
be deemed to be a cause that arose before entry
or admission.
‘‘(ii) The Attorney General, in the discre-
tion of the Attorney General, may waive the ap-
plication of subparagraph (A) in the case of an
alien who is admitted as a refugee under sec-
tion 207 or granted asylum under section 208.
‘‘(C) INDIVIDUALS
TREATED
AS
PUBLIC
CHARGE.—For purposes of this title, an alien is
deemed to be a ‘public charge’ if the alien re-
ceives benefits (other than benefits described in
subparagraph (E)) under one or more of the
public assistance programs described in sub-
paragraph (D) for an aggregate period of at
least 12 months within 7 years after the date
of entry. The previous sentence shall not be
construed as excluding any other bases for con-
sidering an alien to be a public charge, includ-
ing bases in effect on the day before the date
of the enactment of the Immigration in the Na-
tional Interest Act of 1995. The Attorney Gen-
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eral, in consultation with the Secretary of
Health and Human Services, shall establish
rules regarding the counting of health benefits
described in subparagraph (D)(iv) for purposes
of this subparagraph.
‘‘(D) PUBLIC
ASSISTANCE
PROGRAMS.—
For purposes of subparagraph (B), the public
assistance programs described in this subpara-
graph are the following (and include any suc-
cessor to such a program as identified by the
Attorney General in consultation with other ap-
propriate officials):
‘‘(i) SSI.—The supplemental security
income program under title XVI of the So-
cial Security Act, including State supple-
mentary benefits programs referred to in
such title.
‘‘(ii) AFDC.—The program of aid to
families with dependent children under
part A or E of title IV of the Social Secu-
rity Act.
‘‘(iii) 
SOCIAL
SERVICES
BLOCK
GRANT.—The program of block grants to
States for social services under title XX of
the Social Security Act.
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‘‘(iv) MEDICAID.—The program of
medical assistance under title XIX of the
Social Security Act.
‘‘(v) FOOD
STAMPS.—The program
under the Food Stamp Act of 1977.
‘‘(vi) STATE GENERAL CASH ASSIST-
ANCE.—A program of general cash assist-
ance of any State or political subdivision of
a State.
‘‘(vii) HOUSING ASSISTANCE.—Finan-
cial assistance as defined in section 214(b)
of the Housing and Community Develop-
ment Act of 1980.
‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—
For purposes of subparagraph (B), an alien
shall not be considered to be a public charge on
the basis of receipt of any of the following bene-
fits:
‘‘(i) 
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney Gen-
eral in consultation with the Secretary of
Health and Human Services).
‘‘(ii) 
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for im-
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munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(iii) SHORT-TERM EMERGENCY DIS-
ASTER
RELIEF.—The provision of non-
cash, in-kind, short-term emergency disas-
ter relief.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a) shall take effect as of the first day of the
first month beginning at least 30 days after the date of
the enactment of this Act.
(2) In applying section 241(a)(5)(C) of the Immigra-
tion and Nationality Act, as amended by subsection (a),
no receipt of benefits under a public assistance program
before the effective date described in paragraph (1) shall
be taken into account.
Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES 
TO 
FAMILY-SPONSORED 
IMMI-
GRANTS.
(a) FEDERAL
PROGRAMS.—Notwithstanding any
other provision of law, in determining the eligibility and
the amount of benefits of an alien for any Federal means-
tested public benefits program (as defined in subsection
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(d)) the income and resources of the alien shall be deemed
to include—
(1) the income and resources of any individual
who executed an affidavit of support pursuant to
section 213A of the Immigration and Nationality
Act (as inserted by section 632(a)) in behalf of such
alien, and
(2) the income and resources of the spouse (if
any) of the individual.
(b) PERIOD OF ATTRIBUTION.—
(1) PARENTS OF UNITED STATES CITIZENS.—
Subsection (a) shall apply with respect to an alien
who is admitted to the United States as the parent
of a United States citizen under section 512 until
the alien is naturalized as a citizen of the United
States.
(2) SPOUSES OF UNITED STATES CITIZENS AND
LAWFUL
PERMANENT
RESIDENTS.—Subsection (a)
shall apply with respect to an alien who is admitted
to the United States as the spouse of a United
States citizen or lawful permanent resident under
section 511 or section 512 until—
(A) 7 years after the date the alien is law-
fully admitted to the United States for perma-
nent residence, or
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(B) the alien is naturalized as a citizen of
the United States,
whichever occurs first.
(3) MINOR CHILDREN OF UNITED STATES CITI-
ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub-
section (a) shall apply with respect to an alien who
is admitted to the United States as the minor child
of a United States citizen or lawful permanent resi-
dent under section 511 or section 512 until the child
attains the age of 21 years or, if earlier, the date
the child is naturalized as a citizen of the United
States.
(4) ATTRIBUTION OF SPONSOR’S INCOME AND
RESOURCES ENDED IF SPONSORED ALIEN BECOMES
ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II
OF THE SOCIAL SECURITY ACT.—
(A) Notwithstanding any other provision of
this section, subsection (a) shall not apply and
the period of attribution of a sponsor’s income
and resources under this subsection shall termi-
nate if the alien is employed for a period suffi-
cient to qualify for old age benefits under title
II of the Social Security Act and the alien is
able to prove to the satisfaction of the Attorney
General that the alien qualifies.
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(B) The Attorney General shall ensure
that appropriate information pursuant to sub-
paragraph (A) is provided to the System for
Alien Verification of Eligibility (SAVE).
(c) OPTIONAL APPLICATION TO STATE PROGRAMS.—
(1) AUTHORITY.—Notwithstanding any other
provision of law, in determining the eligibility and
the amount of benefits of an alien for any State
means-tested public benefits program, the State or
political subdivision that offers the program is au-
thorized to provide that the income and resources of
the alien shall be deemed to include—
(A) the income and resources of any indi-
vidual who executed an affidavit of support pur-
suant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
(2) PERIOD OF ATTRIBUTION.—The period of
attribution of a sponsor’s income and resources in
determining the eligibility and amount of benefits
for an alien under any State means-tested public
benefits program pursuant to paragraph (1) may not
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exceed the Federal period of attribution with respect
to the alien.
(d) MEANS-TESTED PROGRAM DEFINED.—In this
section:
(1) The term ‘‘means-tested public benefits pro-
gram’’ means a program of public benefits (includ-
ing cash, medical, housing, and food assistance and
social services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.
(2) The term ‘‘Federal means-tested public ben-
efits program’’ means a means-tested public benefits
program of (or contributed to by) the Federal Gov-
ernment.
(3) The term ‘‘State means-tested public bene-
fits program’’ means a means-tested public benefits
program that is not a Federal means-tested pro-
gram.
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SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II is amended by inserting
after section 213 the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
inadmissible as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the alien
as a contract—
‘‘(A) that is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
that provides any means-tested public benefits pro-
gram, until the expiration of the 10-year period de-
scribed in subsection (b)(4); and
‘‘(B) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (b)(2).
‘‘(2)(A) An affidavit of support shall be enforceable
with respect to benefits provided under any means-tested
public benefits program for an alien who is admitted to
the United States as the parent of a United States citizen
under section 512 until the alien is naturalized as a citizen
of the United States.
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‘‘(B) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the spouse of a United States citizen or lawful
permanent resident under section 511 or section 512
until—
‘‘(i) 7 years after the date the alien is lawfully
admitted to the United States for permanent resi-
dence, or
‘‘(ii) such time as the alien is naturalized as a
citizen of the United States,
whichever occurs first.
‘‘(C) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the minor child of a United States citizen
or lawful permanent resident under section 511 or section
512 until the child attains the age of 21 years.
‘‘(D)(i) Notwithstanding any other provision of this
subparagraph, a sponsor shall be relieved of any liability
under an affidavit of support if the sponsored alien is em-
ployed for a period sufficient to qualify for old age benefits
under title II of the Social Security Act and the sponsor
or alien is able to prove to the satisfaction of the Attorney
General that the alien qualifies.
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‘‘(ii) The Attorney General shall ensure that appro-
priate information pursuant to clause (i) is provided to
the System for Alien Verification of Eligibility (SAVE).
‘‘(b) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
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any benefit under any means-tested public benefits pro-
gram.
‘‘(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement
from the sponsor in the amount of assistance provided,
or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate agency may appoint
or hire an individual or other person to act on behalf of
such agency acting under the authority of law for purposes
of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local
agency from directly requesting reimbursement from a
sponsor for the amount of assistance provided, or from
bringing an action against a sponsor pursuant to an affi-
davit of support.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
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‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor of an alien shall notify the Federal Govern-
ment and the State in which the sponsored alien is cur-
rently residing within 30 days of any change of address
of the sponsor during the period specified in subsection
(a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000,
or
‘‘(B) if such failure occurs with knowledge that
the sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means,
with respect to an alien, an individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any State;
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‘‘(D) demonstrates, through presentation
of a certified copy of a tax return or otherwise,
the means to maintain an annual income equal
to at least 200 percent of the poverty level for
the individual and the individual’s family (in-
cluding the alien and any other aliens with re-
spect to whom the individual is a sponsor); and
‘‘(E) is petitioning for the admission of the
alien under section 204.
‘‘(2) FEDERAL
POVERTY
LINE.—The term
‘Federal poverty line’ means the income official pov-
erty line (as defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Omnibus Budget Reconcili-
ation Act of 1981) that is applicable to a family of
the size involved.
‘‘(3) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
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the basis of income, resources, or financial need of
the individual, household, or unit.’’.
(b) REQUIREMENT
OF
AFFIDAVIT
OF
SUPPORT
FROM EMPLOYMENT SPONSORS.—For requirement for af-
fidavit of support from individuals who file classification
petitions for a relative as an employment-based immi-
grant, see the amendment made by section 621(a).
(c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA-
TION.—Section 316(a) (8 U.S.C. 1427(a)) is amended—
(1) by striking ‘‘and’’ before ‘‘(3)’’, and
(2) by inserting before the period at the end the
following: ‘‘, and (4) in the case of an applicant that
has received assistance under a means-tested public
benefits program (as defined in subsection (f)(3) of
section 213A) administered by a Federal, State, or
local agency and with respect to which amounts may
be owing under an affidavit of support executed
under such section, provides satisfactory evidence
that there are no outstanding amounts that may be
owed to any such Federal, State, or local agency
pursuant to such affidavit by the sponsor who exe-
cuted such affidavit’’.
(d) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A.
Requirements for sponsor’s affidavit of support.’’.
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(e) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (f) of this section.
(f) PROMULGATION OF FORM.—Not later than 90
days after the date of the enactment of this Act, the Attor-
ney General, in consultation with the Secretary of State
and the Secretary of Health and Human Services, shall
promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the Im-
migration and Nationality Act.
TITLE VII—FACILITATION OF
LEGAL ENTRY
SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA-
STRUCTURE IMPROVEMENTS.
(a) INCREASED PERSONNEL.—
(1) IN GENERAL.—In order to eliminate undue
delay in the thorough inspection of persons and vehi-
cles lawfully attempting to enter the United States,
the Attorney General and Secretary of the Treasury
shall increase, by approximately equal numbers in
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each of the fiscal years 1996 and 1997, the number
of full-time land border inspectors assigned to active
duty by the Immigration and Naturalization Service
and the United States Customs Service to a level
adequate to assure full staffing during peak crossing
hours of all border crossing lanes now in use, under
construction, or whose construction has been author-
ized by Congress.
(2) DEPLOYMENT OF PERSONNEL.—The Attor-
ney General and the Secretary of the Treasury shall,
to the maximum extent practicable, ensure that the
personnel hired pursuant to this subsection shall be
deployed among the various Immigration and Natu-
ralization Service sectors in proportion to the num-
ber of land border crossings measured in each such
sector during the preceding fiscal year.
(b) IMPROVED INFRASTRUCTURE.—
(1) IN GENERAL.—The Attorney General may,
from time to time, in consultation with the Secretary
of the Treasury, identify those physical improve-
ments to the infrastructure of the international land
borders of the United States necessary to expedite
the inspection of persons and vehicles attempting to
lawfully enter the United States in accordance with
existing policies and procedures of the Immigration
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and Naturalization Service, the United States Cus-
toms Service, and the Drug Enforcement Agency.
(2) PRIORITIES.—Such improvements to the in-
frastructure of the land border of the United States
shall be substantially completed and fully funded in
those portions of the United States where the Attor-
ney General, in consultation with the Committees on
the Judiciary of the House of Representatives and
the Senate, objectively determines the need to be
greatest or most immediate before the Attorney Gen-
eral may obligate funds for construction of any im-
provement otherwise located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) MAKING LAND BORDER INSPECTION FEE PER-
MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend-
ed—
(1) in paragraph (1), by striking ‘‘a project’’
and inserting ‘‘projects’’;
(2) in paragraph (1), by striking ‘‘Such
project’’ and inserting ‘‘Such projects’’; and
(3) by striking paragraph (5).
(b) CONFORMING AMENDMENT.—The Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriation Act, 1994 (Public Law 103–
121, 107 Stat. 1161) is amended by striking the fourth
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proviso under the heading ‘‘Immigration and Naturaliza-
tion Service, Salaries and Expenses’’.
SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PRE-
INSPECTION STATIONS.—(1) Subject to paragraph (4),
not later than 2 years after the date of the enactment of
this section, the Attorney General, in consultation with the
Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure
for the greatest numbers of passengers who arrive from
abroad by air at ports of entry within the United States.
Such preinspection stations shall be in addition to any
preinspection stations established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1995, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
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United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
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‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
documentation, but where no preinspection station ex-
ists.’’.
(c) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
235 the following new item:
‘‘Sec. 235A.
Preinspection at foreign airports.’’.
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SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel regarding such detection’’ after
‘‘United States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
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(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1996.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)), as amended by section 222 of the Immigra-
tion and Nationality Technical Corrections Act of 1994
(Public Law 103–416), is amended—
(1) in subparagraph (N), by striking ‘‘of title
18, United States Code’’ and inserting ‘‘of this Act’’,
and
(2) in subparagraph (O), by striking ‘‘which
constitutes’’ and all that follows up to the semicolon
at the end and inserting ‘‘, for the purpose of com-
mercial advantage’’.
(b) EFFECTIVE DATE
OF CONVICTION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section
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222(b) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416), is amended
by adding at the end the following sentence: ‘‘Notwith-
standing any other provision of law, the term applies for
all purposes to convictions entered before, on, or after the
date of enactment of the Immigration and Nationality
Technical Corrections Act of 1994.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective as if included in the enact-
ment of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416).
SEC. 802. AMENDED DEFINITIONS OF ‘‘CHILD’’ AND ‘‘PAR-
ENT’’ TO FACILITATE ADOPTION OF CHIL-
DREN BORN OUT-OF-WEDLOCK.
(a) IN
GENERAL.—Section 101(b) (8 U.S.C.
1101(b)(1) is amended—
(1) in paragraph (1)(A), by striking ‘‘a legiti-
mate child’’ and inserting ‘‘a child born in wedlock’’,
and
(2) by paragraphs (1)(D) and (2), by striking
‘‘an illegitimate child’’ and inserting ‘‘a child born
out of wedlock’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
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SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
(a) IN
GENERAL.—Section 202(a) (8 U.S.C.
1152(a)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(5) CONSTRUCTION.—Nothing in paragraph
(1) shall be construed to limit the authority of the
Secretary of State to determine the procedures for
the processing of immigrant visa applications or the
locations where such applications will be processed.’’.
(b) ELIMINATION
OF CONSULATE SHOPPING
FOR
VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is
amended by adding at the end the following new sub-
section:
‘‘(g) In the case of an alien who has entered and re-
mained in the United States beyond the authorized period
of stay, the alien is not eligible to be admitted to the Unit-
ed States as a nonimmigrant on the basis of a visa issued
other than in a consular office located in the country of
the alien’s nationality (or, if there is no office in such
country, at such other consular office as the Secretary of
State shall specify).’’.
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(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to visas issued before, on, or after
the date of the enactment of this Act.
SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by inserting at the end the following para-
graph:
‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
(1) in the case of a particular alien or any class or classes
of aliens inadmissible under subsection (a)(2) or (a)(3).’’.
SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.
Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is
amended—
(1) by striking ‘‘and residents’’ and inserting ‘‘,
residents’’, and
(2) by striking ‘‘nationals,’’ and inserting ‘‘na-
tionals, and aliens who are granted permanent resi-
dence by the government of the foreign contiguous
territory and who are residing in that territory’’.
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SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.
(a) REMOVAL OF ANY REQUIREMENT FOR OBJEC-
TIVE WAGE SYSTEM
FOR ALL EMPLOYERS.—Section
212(n) (8 U.S.C. 1182(n)) is amended by adding at the
end the following new paragraph:
‘‘(3) For purposes of determining the actual wages
paid under paragraph (1)(A)(i)(I), an employer shall not
be required to have and document an objective system to
determine the wages of workers.’’.
(b) INAPPLICABILITY OF CERTAIN REGULATIONS TO
NON-H–1B-DEPENDENT EMPLOYERS.—
(1) DEFINITION
OF
H–1B-DEPENDENT
EM-
PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))
is amended by inserting after subparagraph (D) the
following new subparagraph:
‘‘(E) In this subsection, the term ‘H–1B-de-
pendent employer’ means an employer that—
‘‘(i)(I) has fewer than 41 full-time equiva-
lent employees who are employed in the United
States, 
and 
(II) 
employs 
or 
more
nonimmigrants 
under 
section
101(a)(15)(H)(i)(b); or
‘‘(ii)(I) has at least 41 full-time equivalent
employees who are employed in the United
States, and (II) employs nonimmigrants de-
scribed in section 101(a)(15)(H)(i)(b) in a
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number that is equal to at least 10 percent of
the number of such full-time equivalent employ-
ees.
In applying this subparagraph, any group treated as
a single employer under subsection (b), (c), (m), or
(o) of section 414 of the Internal Revenue Code of
1986 shall be treated as a single employer under
this subparagraph. Aliens with respect to whom the
employer has filed such an application shall be treat-
ed as employees, and counted as nonimmigrants
under section 101(a)(15)(H)(i)(b), under this sub-
paragraph.’’.
(2) LIMITING
APPLICATION
OF
CERTAIN
RE-
QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY-
ERS.—Section 212(n) (8 U.S.C. 1182(n)), as
amended in subsection (a), is further amended by
adding at the end the following new paragraph:
‘‘(4) In carrying out this subsection in the case of
an employer that is not an H–1B-dependent employer—
‘‘(A) the employer is not required to post no-
tices at worksites that were not listed on the applica-
tion under paragraph (1) if the worksites are within
the area of intended employment listed on such ap-
plication; and
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‘‘(B) if the employer has filed and had certified
an application under paragraph (1) with respect to
one or more nonimmigrants described in section
101(a)(15)(H)(i)(b) for one or more areas of em-
ployment—
‘‘(i) the employer is not required to file
and have certified an additional application
under paragraph (1) with respect to such a
nonimmigrant for an area of employment not
listed in the previous application because the
employer has placed one or more such
nonimmigrants in such a nonlisted area so long
as each such nonimmigrant is not placed in
such nonlisted areas for a period exceeding 45
workdays in any 12-month period and not to
exceed 90 workdays in any 36-month period,
and
‘‘(ii) the employer is not required to pay
per diem and transportation costs at any speci-
fied rates for work performed in such a
nonlisted area.’’.
(3) LIMITATION
ON
AUTHORITY
TO
INITIATE
COMPLAINTS
AND
CONDUCT
INVESTIGATIONS
FOR
NON-H–1B-DEPENDENT
EMPLOYERS.—Section
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212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend-
ed—
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that the Secretary may only file such a
complaint in the case of an H–1B-dependent
employer (as defined in subparagraph (E))’’,
and
(B) by inserting after the second sentence
the following new sentence: ‘‘No investigation or
hearing shall be conducted with respect to an
employer that is not an H–1B-dependent em-
ployer except in response to a complaint filed
under the previous sentence.’’.
(4) DELAY PERMITTED FOR CERTIFICATION IN
THE CASE OF H–1B-DEPENDENT EMPLOYERS.—Sec-
tion 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by
inserting before the period at the end the following:
‘‘(or 30 days in the case of an employer which is an
H–1B-dependent employer)’’.
(c) NO DISPLACEMENT
OF AMERICAN WORKERS
PERMITTED.—(1) 
Section 
212(n)(1) 
(8 
U.S.C.
1182(n)(1)) is amended by inserting after subparagraph
(D) the following new subparagraph:
‘‘(E)(i) If the employer—
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‘‘(I) within the 6 months preceding the
date the alien begins employment pursuant to
such admission or the provision of such status,
laid off any protected individual (within the
meaning of section 274B(a)(3)) with substan-
tially equivalent qualifications and experience in
the specific employment for which the non-
immigrant is being sought, the employer will
pay an actual wage to the nonimmigrant that is
at least 110 percent of the arithmetic mean of
the last wage earned by such laid off employees
(or, if greater, 110 percent of arithmetic mean
of the highest wage earned by such laid off em-
ployees within the most recent year if the em-
ployer reduced such wage during such year
other than as part of a general company-wide
reduction of wages for substantially all employ-
ees); and
‘‘(II) within the 90 days following the date
the alien so begins employment and for so long
as the application remains active or a visa re-
mains in effect with respect to a nonimmigrant
pursuant to such an application, lays off any
protected individual (within the meaning of sec-
tion 274B(a)(3)) with substantially equivalent
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qualifications and experience in the specific em-
ployment for which the nonimmigrant is em-
ployed, the employer will pay an actual wage to
the nonimmigrant that is at least 110 percent
of the arithmetic mean of the last wage earned
by such laid off employees (or, if greater, 110
percent of arithmetic mean of the highest wage
earned by such laid off employees within the
most recent year if the employer reduced such
wage during such year other than as part of a
general company-wide reduction of wages for
substantially all employees).
‘‘(ii) In the case of an employer that is a job
contractor (within the meaning of regulations pro-
mulgated to carry out this subsection), the contrac-
tor will not place the employee with any other em-
ployer unless such other employer has executed an
attestation that the employer is complying and will
continue to comply with the requirements of clause
(i) in the same manner as they apply to the job con-
tractor.
‘‘(iii) For purposes of this subparagraph, the
term ‘laid off’, with respect to an employee—
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‘‘(I) means the employee’s loss of employ-
ment, other than a discharge for cause, vol-
untary departure, or retirement, and
‘‘(II) does not include any situation in
which the employee involved is offered a similar
job opportunity with the same employer carry-
ing similar compensation and benefits as the
position from which the employee was laid off,
regardless of whether or not the employee ac-
cepts the offer.’’.
(2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
amended by adding at the end the following new subpara-
graph:
‘‘(F) Under regulations of the Secretary, the previous
provisions of this paragraph shall apply to complaints re-
specting a failure of an other employer to comply with an
attestation described in paragraph (1)(E)(ii) in the same
manner that they apply to complaints of a petitioner with
respect to a failure to comply with a condition described
in paragraph (1)(E)(i).’’.
(3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is
amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.
(d) COMPUTATION OF PREVAILING WAGE LEVEL.—
Section 212(n) (8 U.S.C. 1182(n)) is amended by adding
at the end the following new paragraph:
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‘‘(3) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of paragraph (1)(A)(i)(II) and subsection
(a)(5)(A) in the case of an employee of an institution of
higher education (as defined in section 1201(a) of the
Higher Education Act of 1965), or a related or affiliated
nonprofit entity, the prevailing wage level shall only take
into account employees at such institutions and entities
in the area of employment.’’.
(e) EFFECTIVE DATES.—
(1) Except as otherwise provided in this sub-
section, the amendments made by this section shall
take effect on the date of the enactment of this Act
and shall apply to applications filed with the Sec-
retary of Labor on or after 30 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (b)(3)
shall apply to complaints filed, and to investigations
or hearings initiated, on or after January 15, 1995.
SEC. 807. VALIDITY OF PERIOD OF VISAS.
(a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS
TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is
amended by striking ‘‘four months’’ and inserting ‘‘six
months’’.
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(b) AUTHORIZING APPLICATION
OF RECIPROCITY
RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES
AND PERMANENT RESIDENTS.—Such section is further
amended by inserting before the period at the end of the
third sentence the following: ‘‘; except that in the case of
aliens who are nationals of a foreign country and who ei-
ther are granted refugee status and firmly resettled in an-
other foreign country or are granted permanent residence
and residing in another foreign country, the Secretary of
State may prescribe the period of validity of such a visa
based upon the treatment granted by that other foreign
country to alien refugees and permanent residents, respec-
tively, in the United States’’.
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN-
DIVIDUALS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),
as added by section 506(b) of the Department of State
and Related Agencies Appropriations Act, 1995 (Public
Law 103–317, 108 Stat. 1765), is amended—
(1) in paragraph (1), by inserting ‘‘pursuant to
section 301 of the Immigration Act of 1990 is not
required to depart from the United States and who’’
after ‘‘who’’ the first place it appears, and