§ 125. Managerial capacity
(a) GENERAL.—In this title, ‘‘managerial capacity’’ means a capacity in
which an employee of an organization primarily—
(1) manages the organization or a department, subdivision, compo-
nent, or function of the organization;
(2) supervises and controls the work of other supervisory, profes-
sional, or managerial employees, or manages an essential function in
the organization or a department or subdivision of the organization;
(3)(A) has the authority to hire and fire or recommend hiring, firing,
and other personnel actions, if an employee is supervised directly; or
(B) works at a senior level in the organizational hierarchy or with
regard to the function managed, if no employee is supervised directly;
and
(4) has discretion over the day-to-day operations of the activity or
function for which the individual has authority.
(b) FIRST-LINE SUPERVISOR.—A first-line supervisor does not act in a
managerial capacity only because of the supervisor’s supervisory duties un-
less the employees supervised are professional.
(c) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a factor
in deciding whether an individual is acting in a managerial capacity, the At-
torney General shall consider the reasonable needs of the organization, com-
ponent, or function in light of the overall purpose and stage of development
of the organization, component, or function. An individual is not acting in
a managerial capacity only because of the number of employees the individ-
ual supervises, directs, or has supervised or directed.
§ 126. National
In this title, ‘‘national’’ means an individual owing permanent allegiance
to a country.
§ 127. National of the United States
In this title, ‘‘national of the United States’’ means—
(1) a citizen of the United States; or
(2) an individual, not a citizen of the United States, owing perma-
nent allegiance to the United States.
§ 128. Naturalization
In this title, ‘‘naturalization’’ means the conferring of nationality of a
country on an individual after birth by any means.
§ 129. Nonimmigrant
In this title, ‘‘nonimmigrant’’ means an alien having the status of a non-
immigrant classified under subchapter I of chapter 23 of this title.
§ 130. Parent, father, and mother
(a) SUBTITLES I–III.—In subtitles I–III of this title (except subchapter
I of chapter 5), ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ mean a parent, father,
and mother of a child as defined in section 108(a) of this title.
(b) SUBTITLE V.—In subtitle V of this title, ‘‘parent’’, ‘‘father’’, and
‘‘mother’’ include a deceased parent, father, and mother of a posthumous
child.
(c) EXCEPTIONS.—In this title (except subchapter I of chapter 5), ‘‘par-
ent’’, ‘‘father’’, and ‘‘mother’’ do not include—
(1) the natural parent of a child as defined in section 108(a)(5) of
this title;
(2) the natural parent or prior adoptive parent of a child as defined
in section 108(a)(6) of this title; or
(3) the natural parent or prior adoptive parent of a special immi-
grant as defined in section 134(a)(12) of this title.
§ 131. Passport
In this title, ‘‘passport’’ means a travel document—
(1) granted by competent authority;
(2) showing the bearer’s origin, identity, and nationality if any; and
(3) valid for the entry of the bearer into a foreign country.
§ 132. Refugee
In this title (except chapter 133), ‘‘refugee’’—
(1) means an individual who—
(A)(i) is outside a country of the individual’s nationality or, if
the individual has no nationality, is outside a country in which the
individual last habitually resided; and
(ii) is unable or unwilling to return to, and make use of the pro-
tection of, that country because of persecution or a well-founded
fear of persecution on account of race, religion, nationality, mem-
bership in a particular social group, or political opinion; or
(B) in circumstances the President after appropriate consulta-
tion (as defined in section 5101(a) of this title) specifies—
(i) is in a country of the individual’s nationality or, if the
individual has no nationality, is in a country in which the in-
dividual is habitually residing; and
(ii) is persecuted or has a well-founded fear of persecution
on account of race, religion, nationality, membership in a par-
ticular social group, or political opinion; but
(2) does not include an individual who ordered, incited, assisted, or
otherwise participated in the persecution of an individual on account
of race, religion, nationality, membership in a particular social group,
or political opinion.
§ 133. Residence
In this title, ‘‘residence’’ means the principal, actual dwelling place of an
individual without regard to the individual’s intent.
§ 134. Special immigrant
(a) GENERAL.—In this title, ‘‘special immigrant’’ means each of the fol-
lowing immigrants:
(1) an immigrant lawfully admitted for permanent residence return-
ing from a temporary visit outside the United States (including a pe-
riod of employment by the American University of Beirut).
(2) an immigrant who was a citizen of the United States and may
be naturalized under section 20315 or 20318(a) of this title.
(3)(A) an immigrant who—
(i) for at least 2 years immediately before applying for admis-
sion has been a member of a religious denomination having a bona
fide nonprofit religious organization in the United States;
(ii) is coming to the United States—
(I) only to serve as a minister of that religious denomina-
tion;
(II) before October 1, 1997, to work for the organization,
at the request of the organization, in a professional capacity
in a religious vocation or occupation; or
(III) before October 1, 1997, to work for the organization
or for a bona fide organization affiliated with the religious de-
nomination and exempt from taxation as an organization de-
scribed in section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)), at the request of the organiza-
tion, in a religious vocation or occupation; and
(iii) has served as a minister or performed the work described
in subclause (ii) of this clause continuously for at least the 2-year
period described in subclause (i) of this clause; and
(B) the immigrant’s spouse and children if accompanying or follow-
ing to join the immigrant.
(4)(A) an immigrant who is an employee or an honorably retired
former employee of the United States Government outside the United
States, or of the American Institute in Taiwan, who has performed
faithful service for at least 15 years, if the principal officer of a For-
eign Service establishment of the United States, or the director of the
American Institute in Taiwan, respectively, recommends that the immi-
grant be granted special immigrant status because of exceptional cir-
cumstances and the Secretary of State approves the recommendation
after finding that it is in the interest of the United States to grant
the status; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(5)(A) an immigrant who—
(i) resided in the Panama Canal Zone on April 1, 1979;
(ii) was an employee of the Panama Canal Company or the
Canal Zone Government before October 1, 1979; and
(iii) performed faithful service as such an employee for at least
one year; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(6)(A) an immigrant who—
(i) is a national of Panama;
(ii) performed faithful service as an employee of the United
States Government in the Panama Canal Zone for at least 15
years before October 1, 1979; and
(iii) honorably retired from that employment at any time or con-
tinues to be employed by the United States Government in an area
of the former Canal Zone; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(7)(A) an immigrant—
(i) who was an employee of the Panama Canal Company or the
Canal Zone Government on April 1, 1979;
(ii) who performed faithful service as such an employee for at
least 5 years; and
(iii) whose personal safety, or whose spouse’s or child’s personal
safety, is placed in reasonable danger directly because of the Pan-
ama Canal Treaty of 1977 and the special nature of the immi-
grant’s employment; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(8)(A) an immigrant who—
(i) has graduated from a medical school or has qualified to
practice medicine in a foreign country;
(ii) was completely and permanently licensed to practice medi-
cine in a State on January 9, 1978, and was practicing medicine
in a State on that date;