Immigration and Nationality Technical Corrections Act of 1994
PL 103-416 (H.R.783), enacted 10/25/1994

PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4305 
Public Law 103-416 
103d Congress 
An Act 
To amend title III of the Immigration and Nationality Act to make changes in 
Oct. 25, 1994 
the laws relating to nationality and naturalization. 
[H.R. 783] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Immigration and 
Nationality 
SECTION 1. SHORT TITLE. 
Technical 
This Act may be cited as the "Immigration and NationaUty 
of 1994 
Technical Corrections Act of 1994". 
8 USC ilOl note. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—NATIONALITY AND NATURALIZATION 
Sec. 101. Equal treatment of women in conferring citizenship to children bom 
abroad. 
Sec. 102. Naturalization of children on application of citizen parent. 
Sec. 103. Former citizens of United States regaining United States citizenship. 
Sec. 104. Intent to reside permanently in the United States after naturalization. 
Sec. 105. Terminology relating to expatriation. 
Sec. 106. Administrative and judicial determinations relating to loss of citizenship. 
Sec. 107. Cancellation of United States passports and consular reports of birth. 
Sec. 108. Expanding waiver of the Grovemment knowledge, United States history, 
and English language requirements for naturalization. 
Sec. 109. Report on citizenship of certain legalized aliens. 
TITLE II—TECHNICAL CORRECTIONS OF IMMIGRATION LAWS 
Sec. 201. American Institute in Taiwan. 
Sec. 202. G-4 special immigrants. 
Sec. 203. Clarification of certain grounds for exclusion and deportation. 
Sec. 204. United States citizens entering and departing on United States passports. 
Sec. 205. Applications for visas. 
Sec. 206. Family unity. 
Sec. 207. Technical amendment regarding one-house veto. 
Sec. 208. Authorization of appropriations for refugee assistance for fiscal years 
1995, 1996, and 1997. 
Sec. 209. Fines for unlawful bringing of aliens into the United States. 
Sec. 210. Extension of visa waiver pilot program. 
Sec. 211. Creation of probationary status for participant countries in the visa 
waiver pilot program. 
Sec. 212. Technical changes to numerical Umitations concerning certain special im-
migrants. 
Sec. 213. Extension of telephone employment verification system. 
Sec. 214. Extension of expanded definition of special immigrant for religious 
workers. 
Sec. 215. Extension of off'-campus work authorization for students. 
Sec. 216. Eliminating ob^gation of carriers to detain stowaways. 
Sec. 217. Completing usfe of visas provided under diversity transition program. 
Sec. 218. Effect on preference date of application for labor certification. 
Sec. 219. Other miscellaneous and technical corrections to immigration-related pro-
visions. 
Sec. 220. Waiver of foreign country residence requirement with respect to inter-
national medical graduates. 
Sec. 221. Visas for officials of Taiwan. 
Sec. 222. Expansion of definition of aggravated felony. 
Sec. 223. Summary deportation. 
Sec. 224. Judicial deportation. 
Sec. 225. Construction of expedited deportation requirements. 
108 STAT. 4306 
PUBLIC LAW 103-416—OCT. 25, 1994 
TITLE I—NATIONALITY AND 
NATURALIZATION 
SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZEN-
SHIP TO CHILDREN BORN ABROAD. 
(a) IN GENERAL.—Section 301 of the Immigration and National-
ity Act (8 U.S.C. 1401) is amended— 
(1) by striking the period at the end of paragraph (g) 
and inserting "; and", and 
(2) by adding at the end the following new paragraph: 
"(h) a person bom before noon (Eastern Standard Time) 
May 24, 1934, outside the limits and jurisdiction of the United 
States of an alien father and a mother who is a citizen of 
the United States who, prior to the birth of such person, had 
resided in the United States.". 
8USC1401note. 
(b) WAIVER OF RETENTION REQUIREMENTS.—Any provision of 
law (including section 301(b) of the Immigration and Nationality 
Act (as in effect before October 10, 1978), and the provisos of 
section 201(g) of the Nationality Act of 1940) that provided for 
a person's loss of citizenship or nationality if the person failed 
to come to, or reside or be physically present in, the United States 
shall not apply in the case of a person claiming United States 
citizenship DEised on such persons descent from an individual 
described in section 301(h) of the Immigration and Nationahty 
Act (as added by subsection (a)). 
8 use 1401 note. 
(c) RETROACTIVE APPLICATION.—(1) Except as provided in para-
graph (2), the immigration and nationahty laws of the United 
States shall be apphed (to persons bom before, on, or after the 
date of the enactment of this Act) as though the amendment made 
by subsection (a), and subsection (b), had been in effect as of 
the date of their birth, except that the retroactive appUcation of 
the amendment and that subsection shall not affect the vaUdity 
of citizenship of anyone who has obtained citizenship under section 
1993 of the Revised Statutes (as in effect before the enactment 
of 
the Act of May 24,1934 (48 Stat 797)). 
(2) The retroactive application of the amendment made by 
subsection (a), and subsection (b), shall not confer citizenship on, 
or affect the vahdity of any denaturalization, deportation, or exclu-
sion action against, any person who is or was excludable ifrom 
the United States under section 212(a)(3)(E) of the Inmiigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provi-
sion) or who was excluded from, or who would not have been 
eUgible for admission to, the United States under the Displaced 
Persons Act of 1948 or under section 14 of the Refugee Rehef 
Act of 1953. 
8 use 1401 note. 
(d) APPLICATION T
O TRANSMISSION OF CITIZENSHIP.—This Sec-
tion, tiie amendments made by this section, and any retroactive 
application of such amendments shall not effect any residency or 
other retention requirements for citizenship as in effect before Octo-
ber 10,1978, with respect to the transmission of citizenship. 
SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF CITI-
ZEN PARENT. 
(a) IN GENERAL.—Section 322 of the Inmugration and National-
ity Act (8 U.S.C. 1433) is amended to read as follows: 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4307 
"CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION FOR 
CERTIFICATE OF CITIZENSHIP REQUIREMENTS 
"SEC. 322. (a) A parent who is a citizen of the United States 
may apply to the Attorney General for a certificate of citizenship 
on behalf of a child bom outside the United States. The Attorney 
General shall issue such a certificate of citizenship upon proof 
to the satisfaction of the Attorney General that the following condi-
tions have been fulfilled: 
"(1) At least one ptirent is a citizen of the United States, 
whether by birth or naturaHzation. 
"(2) 'Hie child is physically present in the United States 
pursuant to a lawful admission. 
"(3) The child is under the age of 18 years and in the 
legal custody of the citizen parent. 
"(4) If the citizen parent is an adoptive parent of the 
child, the child was adopted by the citizen parent before the 
child reached the age of 16 years and the child meets the 
requirements for being a child tmder subparagraph (E) or (F) 
of section 101(b)(1). 
"(5) If the citizen parent has not been physically present 
in the United States or its outiying possessions for a period 
or periods totaling not less than five years, at least two of 
which were after attaining the age of fourteen years— 
"(A) the child is residing permanently in the United 
States with the citizen parent, pursuant to a lawful admis-
sion for pemmnent residence, or 
"(B) a citizen parent of the citizen parent has been 
physically present in the United States or its outiying 
E
ossessions for a period or periods totaling not less than 
ve years, at least two of \mich were after attaining the 
age of fourteen years. 
"(b) Upon approval of the appUcation (which may be filed 
abroad) and, except as provided in the last sentence of section 
337(a), upon taking and subscribing before an officer of the Service 
within the United States to the oath of allegiance required by 
this Act of an appUcant for naturaHzation, the child shall become 
a citizen of the tfnited States and shall be furnished by the Attorney 
General with a certificate of citizenship. 
"(c) Subsection (a) of this section shall apply to the adopted 
child of a United States citizen adoptive parent if the conditions 
specified in such subsection have been fulfilfed.". 
(b) CONFORMING AMENDMENT.—Subsection (c) of section 341 
of such Act (8 U.S.C. 1452) is repealed. 
(c) CLERICAL AMENDMENT.—The item in the table of contents 
of such Act relating to section 322 is amended to read as follows: 
"Sec. 322. Child bom outside the United States; application for certificate of citi-
zenship requirements.". 
(d) EFFECTIVE DATE.—The amendments made by this section 
8 use 1433 note. 
shsdl take effect on the first day of the first month beginning 
more than 120 days after the date of the enactment of this Act 
SEC. 103. FORMER CITIZENS OF UNITED STATES REGAINING UNITED 
i 
STATES CITIZENSHIP. 
(a) IN GENERAL.—Section 324 of the Immigration and National-
ity Act (8 U.S.C. 1435) is amended by adding at the end the 
following new subsection: 
108 STAT. 4308 
PUBLIC LAW 103-416—OCT. 25, 1994 
"(d)(1) A person who was a citizen of the United States at 
birth and lost such citizenship for failure to meet the physical 
presence retention requirements under section 301(b) (as in effect 
before October 10, 1978), shall, from and after taking the oath 
of allegiance required by section 337 be a citizen of the United 
States and have the status of a citizen of the United States by 
birth, without filing an application for naturalization, and notwith-
standing any of the other provisions of this title except the provi-
sions of section 313. Nothing in this subsection or any other 
provision of law shall be construed as conferring United States 
citizenship retroactively upon such person during any period in 
which such person was not a citizen. 
"(2) The provisions of paragraphs (2) and (3) of subsection 
(c) shall apply to a person regaining citizenship under paragraph 
(1) in the same manner as tiiey apply under subsection (c)(1).". 
8 use 1435 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the first day of the first month beginning 
more than 120 days after the date of the enactment of this Act 
SEC. 104. INTENT TO RESIDE PE31MANENTLY IN THE UNITED STATES 
AFTER NATURALIZATION. 
(a) IN GENERAL.—Section 338 of the Immigration and National-
ity Act (8 U.S.C. 1449) is amended by striking "intends to reside 
permanently in the United States, except in cases falling within 
the provisions of section 324(a) of this title,". 
(b) CONFORMING REPEAL.—Section 340(d) of such Act (8 U.S.C. 
1451(d)) is repealed. 
(c) CONFORMING REDESIGNATION.—Section 340 of such Act (8 
U.S.C. 1451) is amended— 
(1) by redesignating subsections (e), (f), (g), (h), £uid (i) 
as subsections (d), (e), (f), (g), and (h), respectively; and 
(2) in subsection (d) (as redesignated), by striking "sub-
sections (c) or (d)" and inserting "subsection (c)". 
(d) CONFORMING AMENDMENT.—Section 405 of the Immigration 
8 use 1440 note. Act of 1990 is amended by striking subsection (b). 
8 use 1449 note. 
(e) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to persons admitted to citizenship on or after the date 
of enactment of this Act 
SEC. 106. TERMINOLOGY RELATING TO EXPATRIATION. 
(a) IN GENERAL.—Section 351 of the Inunigration and National-
ity Act (8 U.S.C. 1483) is amended— 
(1) in the heading, by striking "EXPATRIATION" and inserting 
"LOSS OF NATIONALITY"; 
(2) in subsection (a)— 
(A) by striking "expatriate himself, or be expatriated" 
and inserting "lose United States nationaHty", and 
(B) by striking "expatriation" and inserting "loss of 
nationahty"; and 
(3) in subsection (b), by striking "expatriated himself and 
inserting "lost United States nationality". 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4309 
(b) CLERICAL AMENDMENT.—The item in the table of contents 
of such Act relating to section 351 is amended to read as follows: 
"Sec. 351. Restrictions on loss of nationality.'. 
SEC. 106. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELAT-
ING TO LOSS OF cmzENsmp. 
Section 358 of the Immigration and Nationality Act (8 U.S.C. 
1501) is amended by adding at the end the following new sentence: 
"Approval by the Secretary of State of a certificate under this 
section shall constitute a final administrative determination of loss 
of United States nationaUty under this Act, subject to such proce-
dures for administrative appeal as the Secretary may prescribe 
by regulation, and also shall constitute a denial of a right or 
privilege of United States nationality for purposes of section 360.". 
SEC. 107. CANCELLATION OF UNITED STATES PASSPORTS AND CON-
SULAR REPORTS OF BIRTH. 
(a) IN GENERAL.—Title III of the Immigration and NationaUty 
Act is amended by adding at the end the following new section: 
"CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR 
REPORTS OF BIRTH 
"SEC. 361. (a) The Secretary of State is authorized to cancel 8 use 1504. 
any United States passport or Consular Report of Birth, or certified 
copy thereof, if it appears that such document was illegally, fi'audu-
lently, or erroneously obtained fix)m, or was created through illegal-
ity or fi'aud practiced upon, the Secretary. The person for or to 
wnom such docimient has been issued or made shall be given, 
at such person's last known address, written notice of the cancella-
tion of such document, together with the procedures for seeking 
a prompt post-cancellation hearing. The cancellation under this 
section of any document purporting to show the citizenship status 
of the person to whom it was issued shall affect only the docimient 
and not the citizenship status of the person in whose name the 
document was issued. 
"(b) For purposes of this section, the term 'Consular Report 
of Birth' refers to the report, designated as a ^Report of Birth 
Abroad of a Citizen of the United States', issued by a consular 
officer to document a citizen bom abroad.". 
(b) CLERICAL AMENDMENT.—^The table of contents is amended 
by inserting after the item relating to section 360 the following 
new item: 
"Sec. 361. Cancellation of United States passports and Considar Reports of Birth.". 
SEC. 108. EXPANDING WAIVER OF TEIE GOVERNMENT KNOWLEDGE, 
UNTIED 
STATES HISTORY, AND ENGLISH LANGUAGE 
REQUIREMENTS FOR NATURALIZATION. 
(a) IN GENERAL.—Section 312 of the Immigration and National-
ity Act (8 U.S.C. 1423) is amended— 
(1) by inserting "(a)" after "312.", 
(2) by striking "this requirement" and all that follows 
through "Thaf, 
(3) by striking "this section" and inserting "this psiragraph", 
and 
(4) by adding at the end the following new subsection: 
108 STAT. 4310 
PUBLIC LAW 103-416—OCT. 25, 1994 
"(b)(1) The requirements of subsection (a) shall not apply to 
any person who is unable because of physical or developmental 
disabiUty or mental impairment to comply therewith. 
"(2) The requirement of subsection (a)(1) shall not apply to 
any person who, on the date of the fiMng of the person's application 
for naturaUzation as provided in section 334, either— 
"(A) is over fifty years of age and has been Hving in the 
United States for periods totaling at least twenty years subse-
quent to a lawful admission for permanent residence, or 
"(B) is over fifty-five years of age and has been living 
in the United States for periods totaling at least fifteen years 
subsequent to a lawfiil admission for permanent residence. 
"(3) The Attorney General, pursuant to regulations, shall pro-
vide for special consideration, as determined by the Attorney Gen-
eral, concerning the requirement of subsection (a)(2) with respect 
to any person who, on tne date of the filing of the person's applica-
tion for naturaUzation as provided in section 334, is over sixty-
five years of age and has been Uving in the United States for 
periods totaling at least twenty years subsequent to a lawfiil admis-
sion for permanent residence.". 
(b) CONFORMING AMENDMENTS.—Section 245A(b)(l)(D) of such 
8 use 1255a. 
Act (8 U.S.C. 1254a(b)(l)(D)) is amended by striking "312" each 
place it appears and inserting "312(a)''. 
8 use 1423 note. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shaU take effect on the date of the enactment of this Act 
and shall apply to appHcations for naturaUzation filed on or after 
such date and to such applications pending on such date. 
8 use 1423 note. 
(d) REGULATIONS.—Not later than 120 days afi«r the date of 
enactment of this Act, the Attorney General shaU promulgate regu-
lations to csirry out section 312(b)(3) of the Immigration and 
NationaUty Act (as amended by subsection (a)). 
8 use 1255a 
SEC. 109. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS. 
Not later than June 30,1996, the Commissioner of the Immigra-
tion and Naturalization Service shall prepare and submit to tiie 
Congress a report concerning the citizenship status of aUens 
legalized under section 245A and section 210 of the Immigration 
and NationaUty Act Such report shall include the foUowing informa-
tion by district office for each national origin group: 
(1) The number of appUcations for citizenship filed. 
(2) The number of appUcations approved. 
(3) The number of appUcations denied. 
(4) The number of appUcations pending. 
TITLE II—TECHNICAL CORRECTIONS 
OF IMMIGRATION LAWS 
SEC. 201. AMERICAN INSTITUTE IN TAIWAN. 
Section 101(a)(27)(D) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(D)) is amended— 
(1) by inserting "or of the American Institute in Taiwan," 
after "of me United States Government abroad,"; and 
(2) by inserting "(or, in the case of the American Institute 
in Taiwan, the Director thereof)" after "Foreign Service 
establishment*'. 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4311 
SEC. 202. G-A SPECIAL IMMIGRANTS. 
Section 101(a)(27)(I)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(I)(iii)) is amended by striking "(II)" and 
all that foUows through "; or^ and inserting the following: "(II) 
files a petition for status imder this subparagraph no later than 
six months after the date of such retirement or six months after 
the date of enactment of the Immigration and Nationahty Technical 
Corrections Act of 1994, whichever is later; oi^'. 
SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EXCLUSION 
AND DEPORTATION. 
(a) EXCLUSION GROUNDS.—Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended— 
(1) in subsection (a)(2)(A)(i)(I), by inserting "or an attempt 
or conspiracy to commit such a crime after "offense)", 
(2) in subsection (a)(2)(A)(i)(II), by inserting "or attempf 
after "conspiracy", and 
(3) in the last sentence of subsection (h), by inserting 
", or an attempt or conspiracy to commit murder or a crlnainal 
act involving torture" after "torture". 
(b) DEPORTATION GROUNDS.—Section 241(a) of such A<?t (8 
U.S.C. 1251(a)) is amended— 
(1) in paragraph (2)(C)— 
(A) by striking "in violation of any law," and inserting 
", or of attempting or conspiring to purchase, sell, offer 
for sale, exchange, use, own, possess, or carry,", and 
(B) by inserting "in violation of any law" after "Code)"; 
and 
(2) in paragraph (3)(B), by inserting "an attempt or" before 
"a conspiracy" each place it appears in clauses (ii) and (iii). 
(c) EFFECTIVE DATE.—The amendments made by this section 
8 use 1182 note. 
shall apply to convictions occurring before, on, or after the date 
of the enactment of this Act. 
SEC. 204. XJNITED STATES CITIZENS ENTE31ING AND DEPARTING ON 
UNITED STATES PASSPORTS. 
(a) IN GENERAL.—Section 215(b) of the Immi^tion and 
Nationahty Act (8 U.S.C. 1185(b)) is amended by inserting "United 
States" after "vahd". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
8 use 1185 note. 
shall apply to departures and entries (and attempts thereof) occur-
ring on or Etfter the date of enactment of this Act 
SEC. 205. APPLICATIONS FOR VISAS. 
(a) IN GENERAL.—The second sentence of section 222(a) of the 
Immigration and Nationahty Act (8 U.S.C. 1202(a)) is amended— 
(1) by striking "the immigrant" and inserting "the ahen", 
and 
(2) by striking "present address" and aU that follows 
through "exempt from exclusion under the immigration laws;". 
(b) EFFECTIVE DATE.—The amendments made Dy subsection 
8 use 1202 note, 
(a) shall apply to applications made on or after the date of the 
enactment of this Act 
SEC. 206. FAMILY UNITY. 
(a) IN GENERAL.—Section 301(a) of the Immigration Act of 
1990 is amended by inserting after "May 5, 1988" the following: 
8 use I255a 
"(in the case of a relationship to a legahzed aUen described in 
"°*®-
108 STAT. 4312 
PUBLIC LAW 103-416—OCT. 25, 1994 
subsection (b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in 
the case of a relationship to a legaUzed alien described in subsection 
(b)(2)(A))". 
8 use 1255a 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
"
*
*
*
*
• 
shall be deemed to have become effective as of October 1, 1991. 
SEC. 207. TECHNICAL AMENDMENT REGARDING ONE-HOUSE VETO. 
Section 13(c) of the Act of September 11, 1957 (8 U.S.C. 
1255b(c)) is amended— 
(1) by striking the third sentence; and 
(2) in the fourth sentence, by striking "If neither the Senate 
nor the House of Representatives passes such a resolution 
within the time above specified the" and inserting "The". 
SEC. 208. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE 
ASSISTANCE FOR FISCAL YEARS 1995,1996, AND 1997. 
Section 414(a) of the Immigration and Nationality Act (8 U.S.C. 
1524(a)) is amended by striking "fiscal year 1993 and fiscal year 
1994" and inserting "fiscal year 1995, fiscal year 1996, and fiscal 
year 1997". 
SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO THE 
UNITED STATES. 
(a) IN GENERAL.—Section 273 of the Immigration and National-
ity Act (8 U.S.C. 1323) is amended— 
(1) in subsections (b) and (d) by striking "the sum of $3000" 
and inserting "a fine of $3,000" each place it appears; 
(2) in the first sentence of subsection (b) by striking "a 
sum equal" and inserting "an amount equal"; 
(3) in the second sentence of subsection (d) by striking 
"a sum sufficient to cover such fine" and inserting "an amount 
sufficient to cover such fine"; 
(4) by striking "sum" and "sums" each place either appears 
and inserting "fine"; 
(5) in subsection (c) by striking "Such" and inserting 
"Except as provided in subsection (e), such"; and 
(6) by adding at the end the following new subsection: 
Regulations. 
"(e) A fine under this section may be reduced, refunded, or 
waived under such regulations as the Attorney General shall pre-
scribe in cases in which— 
"(1) the carrier demonstrates that it had screened all pas-
sengers on the vessel or aircraft in accordance with procedures 
prescribed by the Attorney General, or 
"(2) circumstances exist that the Attorney General deter-
mines would justify such reduction, refund, or waiver.". 
8 use 1323 note. 
(b) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply with respect to aliens brought to the United 
States more than 60 days after the date of enactment of this 
Act. 
SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM. 
Section 217(f) of the Immigration and Nationality Act (8 U.S.C. 
1187(f)) is amended by striking "ending" and all that follows through 
the period and inserting "ending on September 30, 1996". 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4313 
SEC. 211. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT 
COUNTRIES IN THE VISA WAIVER PROGRAM. 
Section 217 of the Immigration and Nationality Act (8 U.S.C. 
1187) is amended— 
(1) in subsection (a)(2)(B) by inserting before the period 
"or is designated as a pilot program country with probationary 
status under subsection (g)"; 
(2) by adding at the end the following new subsection: 
"(g) PILOT PROGRAM COUNTRY WITH PROBATIONARY STATUS.— 
"(1) IN GENERAL.—The Attorney General and the Secretary 
J of State acting jointiy may designate any country as a pilot 
progrsim country with probationary status if it meets the 
requirements of paragraph (2). 
"(2) QUAUFICATIONS.—^A country may not be designated 
as a pilot program country with probationary status imless 
the following requirements are met: 
"(A) NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS 
2-YEAR PERIOD.—^The average number of refusals of non-
immigrant visitor visas for nationals of the country during 
the two previous fiiU fiscal years was less than 3.5 percent 
of the total number of nonimmigrant visitor visas for 
nationals of that country which were granted or refiised 
during those years. 
"(B) NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS 
YEAR.—The number of refusals of nonimmigrant visitor 
visas for nationals of the country diuing the previous full 
fiscal year was less than 3 percent of the total number 
of nonimmigrant visitor visas for nationals of that country 
which were granted or refused during that year. 
"(C) Low EXCLUSIONS AND VIOLATIONS RATE FOR PRE-
VIOUS YEAR.—The sum of— 
"(i) the total number of nationals of that countiy 
who were excluded fi*om admission or withdrew their 
appUcation for admission during the preceding fiscal 
year as a nonimmigrant visitor, and 
"(ii) the total number of nationals of that country 
who were admitted as nonimmigrant visitors during 
the preceding fiscal year and who violated the terms 
of such admission, 
was less than 1.5 percent of the total number of nationals 
of that country who appHed for admission as nonimmigrant 
visitors during the preceding fiscsil year. 
"(D) 
MACHINE READABLE PASSPORT PROGRAM.—The 
• government of the coimtry certifies that it has or is in 
: the process of developing a program to issue machine-
readable passports to its citizens. 
"(3) 
CONTINUING AND SUBSEQUENT QUALIFICATIONS FOR 
PILOT PROGRAM COUNTRIES WITH PROBATIONARY STATUS.—^The 
designation of a country as a pilot program country with 
probationary status shall terminate if either of the following 
occurs: 
"(A) The sum of— 
"(i) the total number of nationals of that country 
who were excluded fi-om admission or withdrew their 
appHcation for admission during the preceding fiscal 
year as a nonimmigrant visitor, and 
108 STAT. 4314 
PUBLIC LAW 103-416—OCT. 25, 1994 
"(ii) the total number of nationals of that country 
who were admitted as visitors during the preceding 
fiscal year and who violated the terms of such admis-
sion, 
is more than 2.0 percent of the total number of nationals 
of that country who applied for admission as nonimmigrant 
visitors during the preceding fiscal year. 
"(B) The country is not designated as a pilot program 
country under subsection (c) within 3 fiscal years of its 
designation as a pilot program country with probationary 
status under this subsection.". 
"(4) 
DESIGNATION OF PILOT PROGRAM COUNTRIES WITH 
PROBATIONARY STATUS AS PILOT PROGRAM COUNTRIES.—IN THE 
case of a country which was a pilot program country with 
probationary status in the preceding fiscal year, a country 
may be designated by the Attorney Gieneral and the Secretary 
of State, acting jointly, as a pilot program country under sub-
section (c) if— 
"(A) the total of the number of nationals of that country 
who were excluded from admission or withdrew their 
application for admission during the preceding fiscal year 
as a nonimmigrant visitor, and 
"(B) the total number of nationals of that country who 
were admitted as nonimmigrant visitors during the pre-
ceding fiscal year and who violated the terms of such 
admission, 
was less than 2 percent of the total number of nationals of 
that country who applied for admission as nonimmigrant visi-
tors during such preceding fiscal year."; and 
(3) in subsection (c)(2) by striking "A country" and inserting 
"Except as provided in subsection (g)(4), a country". 
SEC. 212. TECHNICAL CHANGES TO NUMERICAL LIMITATIONS CON-
CERNING CERTAIN SPECIAL IMMIGRANTS. 
(a) PANAMA CANAL SPECIAL IMMIGRANTS.—Section 3201 of 
the 
8 use 1101 note. Panama Canal Act of 1979 (Public Law 96-70) is amended by 
striking subsection (c). 
(b) ARMED FORCES SPECIAL IMMIGRANTS.—Section 203(b)(6) of 
the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)) is amend-
ed by striking subparagraph (C). 
SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VERIFICATION 
SYSTEM. 
Section 274A(d)(4)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(d)(4)(A)) is amended in the second sentence by 
striking "three" and inserting "five". 
SEC. 214. EXTENSION 
OF 
EXPANDED 
DEFINITION 
OF 
SPECIAL 
IMMIGRANT FOR REUGIOUS WORKERS. 
Section 101(a)(27)(C)(ii) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended— 
(1) in subclause (II) by striking "1994," and inserting 
"1997,"; and 
(2) in subclause (III) by striking "1994," and inserting 
"1997,". 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4315 
SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZATION FOR 
STUDENTS. 
(a) IN GENERAL.—Section 221 of the Immigration Act of 1990 
(Public Law 101-649; 104 Stat. 4978) as amended by section 
8USCll84note. 
303(b)(1) of the Miscellaneous and Technical Immigration and Natu-
ralization Amendments of 1991 (Public Law 102-232; 105 Stat. 
1747) is amended— 
(1) in the heading for subsection (a) by striking "3-YEAR" 
and inserting "5-YEAR"; 
(2) in subsection (a) by striking "3-year" and inserting 
"5-year"; and 
(3) in subsection (b) by striking "1994," and inserting 
"1996,". 
SEC. 216. ELIMINATING OBUGATION OF CARRIERS TO DETAIN STOW-
AWAYS. 
The first sentence of section 273(d) of the Immigration and 
Nationality Act (8 U.S.C. 1323(d)) is amended to read as follows: 
"The owner, charterer, agent, consignee, commanding officer, or 
master of any vessel or aircraft arriving at the United States 
from any place outside the United States who fails to deport any 
alien stowaway on the vessel or aircraft on which such stowaway 
arrived or on another vessel or aircraft at the expense of the 
vessel or aircraft on which such stowaway arrived when required 
to do so by an immigration officer, shall pay to the Commissioner 
the sum of $3,000 for each alien stowaway, in respect of whom 
any such failure occurs.". 
SEC. 217. COMPLETING USE OF VISAS PROVIDED UNDER DIVERSITY 
TRANSITION PROGRAM. 
(a) EXTENSION OF DIVERSITY TRANSITION PROGRAM.—Section 
132 of the Immigration Act of 1990 (Public Law 101-649) is 
8USC1153note. 
amended— 
(1) in subsection (a), by inserting before the period at 
the end of the first sentence the following: "and in fiscal year 
1995 a number of immigrant visas equal to the number of 
such visas provided (but not made available) under this section 
in previous fiscal years"; and 
(2) in the next to last sentence of subsection (c), by striking 
"or 1993" and inserting ", 1993, or 1994". 
(b) ADMINISTRATION OF 1995 DIVERSITY TRANSITION PRO- 
B use II53 note. 
GRAM.— 
(1) ELIGIBILITY.—For the purpose of carrying out the exten-
sion of the diversity transition program under the amendments 
made by subsection (a), applications for natives of diversity 
transition countries submitted for fiscal year 1995 for diversity 
immigrants under section 203(c) of the Immigration and 
Nationality Act shall be considered applications for visas made 
available for fiscal year 1995 for the diversity transition pro-
gram under section 132 of the Immigration Act of 1990. No 
application period for the fiscal year 1995 diversity transition 
program shall be established and no new applications may 
be accepted for visas made available under such program for 
fiscal year 1995. Applications for visas in excess of the minimum 
available to natives of the country specified in section 132(c) 
of the Immigration Act of 1990 shall be selected for qualified 
applicants within the several regions defined in section 
108 STAT. 4316 
PUBLIC LAW 103-416—OCT. 25, 1994 
203(c)(1)(F) of the Immigration and Nationality Act in propor-
tion to the region's share of viseis issued in the diversity transi-
tion program during fiscal years 1992 and 1993. 
(2) NOTIFICATION.—Not later than 180 days after the date 
of enactment of this Act, notification of the extension of the 
diversity transition program for fiscal year 1995 and the provi-
sion of visa numbers shall be made to each eUgible applicant 
under paragraph (1). 
(3) REQUIREMENTS.—^Notwithstanding any other provision 
of law, for the purpose of carrying out the extension of the 
diversity transition program under the amendments made by 
subsection (a), the requirement of section 132(bX2) of the 
Immigration Act of 1990 shall not apply to applicEints under 
such extension and the requirement of section 203(c)(2) of the 
Immigration and Nationality Act shall apply to such applicants. 
SEC. 218. EFFECT ON PREFERENCE DATE OF APPLICATION FOR 
LABOR CERTIFICATION. 
Section 161(c)(1) of the Immigration Act of 1990 (Public Law 
8 use 1101 note. 101-649) is amended— 
(1) by striking "or an application for labor certification 
before such date under section 212(a)(14)"; and 
(2) in subparagraph (A)— 
(A) by striking "or application"; and 
(B) by striking ", or 60 days after the date of certifi-
cation in the case of labor certifications filed in support 
of the petition under section 212(aX14) of such Act before 
October 1, 1991, but not certified until after October 1, 
1993". 
SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO 
IMMIGRATION-RELATED PROVISIONS. 
(a) Section 101(a)(27)(JXi) of the Immigration and Nationality 
Act (8 U.S.C. 1101(aX27XJXi)) is amended by striking "and has" 
and inserting "or whom such a court has legallv committed to, 
or placed under the custody of, an agency or department of a 
State and who has". 
(bXD The second sentence of section 201(b)(2)(AXi) of the 
Inmiigration and Nationahty Act (8 U.S.C. 1151(b)(2)(AXi)) is 
amended by inserting "(and each child of the ahen)" after "the 
alien". 
(2) The second sentence of section 204(aXl)(A) of such Act 
(8 U.S.C. 1154(aXl)(A)) is amended— 
(A) by inserting "spouse" after "alien", and 
(B) by inserting of the alien (and the ahen's children)" 
after "for classification". 
(c) Section 203(b)(5) of the Immigration and Nationahty Act 
(8 U.S.C. 1153(bX5)) is amended by striking 
"TARGETTED", 
"TARGETTED", and "targetted" each place each appears and inserting 
"TARGETED", "TARGETED", and "targeted", respectively. 
(d) Section 210(d)(3) of the Immigration and Natiomdity Act 
(8 U.S.C. 1160(dX3)) is amended by inserting "the" before "Service" 
the first place it appears. 
(e) Section 212(d)(ll) of the Immigration and Nationahty Act 
(8 U.S.C. 1182(dXll)) is amended by stnking "voluntary" and insert-
ing *Voluntarily". 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4317 
(f) Section 258 of the Immigration and Nationality Act (8 U.S.C. 
1288) is amended in subsection (d)(3)(B) by striking "subparagraph 
(A)" and inserting "subparagraph (A)(iii)''. 
(g) Section 241(c) of the Immigration and NationaHty Act (8 
U.S.C. 1251(c)) is amended by striking "or (3)(A) of subsection 
241(a)'' and inserting "and (3)(A) of subsection (a)". 
(h) Section 242(h) of the Immigration and NationaHty Act (8 
U.S.C. 1252(h)) is amended by striking "Parole,," and inserting 
"Parole,". 
(i) Section 242B(c)(l) of the Immigration and NationaHty Act 
(8 U.S.C. 1252b(c)(l)) is amended by striking the comma after 
"tiiat". 
(j) Section 244A(c)(2)(A)(m)(III) of the Immigration 
and 
NationaHty Act (8 U.S.C. 1254a(c)(2)(A)(m)(III)) is amended— 
(1) by striking "Paragraphs" and inserting "paragraphs", 
and 
(2) by striking "or (3)(E)" and inserting "and (3)(E)". 
(k) Section 245(h)(2)(B) of the Immigration and NationaHty 
Act (8 U.S.C. 1255(h)(2)(B)) is amended by striking "or (3)(E)" 
and inserting "and (3)(E)". 
(1)(1) Subparagraph (C) of section 245A(c)(7) of the Immigration 
and NationaHty Act (8 U.S.C. 1255a(c)(7)), as added by PubHc 
Law 102-140, is Jimended— 
(A) by indenting it 2 additional ems to the right; and 
(B) by striking "subsection (B)" and inserting "subpara-
graph (B)". 
(2) Section 610(b) of PubHc Law 102-140 is amended by striking 
8 use iioi note. 
"404(b)(2Xii)" and "404(b)(2XHi)" and inserting "404(b)(2)(A)(u)" and 
"404(b)(2)(A)(m)", respectively. 
(m) Effective as of the date of the enactment of this Act, 
Effective date, 
section 246(a) of the Immigration and NationaHty Act (8 U.S.C. 
1256(a)) is amended by striking the first 3 sentences. 
(n) Section 262(c) of the Immigration and NationaHty Act (8 
U.S.C). 1302(c)) is amended by striking "subsection (a) and (b)" 
and inserting "subsections (a) and (b)". 
(o) Section 272(a) of the Immigration and NationaHty Act (8 
U.S.C. 1322(a)) is amended by striking the comma after "so 
afflicted". 
(p) The first sentence of section 273(b) of the Immigration 
and NationaHty Act (8 U.S.C. 1323(b)) is amended by striking 
"coUector of customs" and inserting "Commissioner". 
(q) Section 274B(gX2XC) of the Immigration and NationaHty 
Act (8 U.S.C. 1324b(gX2XC)) is amended by striking "an administra-
tive law judge" and inserting "the Special Counsel". 
(r) Section 274C(b) of the Inmiigration and NationaHty Act 
(8 U.S.C. 1324c(b)) is amended by striking "titie V" and all that 
foUows through "3481)" and inserting "chapter 224 of titie 18, 
United States Code". 
(s) Section 280(b)(lXC) of the Immigration and NationaHty 
Act (8 U.S.C. 1330(bXlXC)) is amended by striking "maintainance" 
and inserting "maintenance". 
(t) Effective as if included in the enactment of PubHc Law 
102-395, subsection (r) of section 286 of the Immigration and 
NationaHty Act (8 U.S.C. 1356), as added by section 112 of such 
PubHc Law, is £imended— 
108 STAT. 4318 
PUBLIC LAW 103-416—OCT. 25, 1994 
Effective date. 
8 use 1254a 
note. 
8 use 1182. 
8 use 1254a. 
8 use 1449,1449 
note. 
8 u s e 1324a. 
8 u s e 1182. 
8 use 1356 note. 
8 use 1160. 
8 u s e 1188. 
8 use 1101 note. 
(1) in the subsection heading, by striking "Breached Bond/ 
Detention Account' and inserting "BREACHED BOND/DETENTION 
FUND"; 
(2) in paragraph (1), by striking "(hereafter referred to 
as the Fimd)" ana inserting "(in this subsection referred to 
as the Tund')"; 
(3) in paragraph (2), by striking "the Immigration and 
NationaUty Act of 1952, as amended," and inserting "this Act"; 
(4) in paragraphs (4) and (6), by striking "the Breached 
Bond/Detention" each place it appears; 
(5) in paragraph (4), by stnking "of this Act" and inserting 
"of PubUc Law 102-395"; and 
(6) in paragraph (5), by striking "account" and inserting 
"Fund". 
(u) Section 310(b)(5)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1421(b)(5XA)) is amended by striking "District Courtf' 
and inserting "district court". 
(v) Effective December 12, 1991, section 313(a)(2) of the 
Immigration and NationaHty Act (8 U.S.C. 1424(a)(2)) is amended 
by stnking "and" before "(F)" and inserting "or". 
(w) Section 333(b)(1) of the Immigration and NationaHty Act 
(8 U.S.C. 1444(b)(1)) is amended by striking "249(a)" and uiserting 
"249". 
(x) Section 412(e)(7)(D) of the Immigration and Nationality 
Act (8 U.S.C. 1522(e)(7)(D)) is amended by striking "paragraph 
(Dor (2) or. 
(y) Section 302(c) of the Immigration Act of 1990 is amended 
by striking "effect" and uiserting "affect". 
(z) Effective as if included in the Miscellaneous and Technicsil 
Inmiigration and Naturalization Amendments of 1991— 
(1) section 303(a)(7)(B)(i) of such Act is amended by striking 
"paragraph (1)(A)" and inserting "paragraph (l)(AXi)"; 
(2) section 304(b)(2) of such Act is Eimended by striking 
"paragraph (1)(B)" and inserting "subsection (c)(1)(B)"; 
(3) paragraph (1) of section 305(j) of such Act is repealed 
(and section 407(d)(16)(C) of the Immigration Act of 1990 shall 
read as if such paragraph had not been enacted); 
(4) paragraph (2) of section 306(b) of such Act is amended 
to read as follows: 
"(2) Section 538(a) of the Immigration Act of 1990 is Eunended 
by stalking the comma after 'Service'."; 
(5) section 307(a)(6) of such Act is amended by striking 
"immigrants" the 
first 
place it 
appears 
and 
inserting 
"immigrant aliens"; 
(6) section 309(a)(3) of such Act is amended by striking 
"paragraph (1) and (2)" and inserting "paragraphs (1)(A) and 
(1)(B)^ 
(7) section 309(b)(6)(F) of such Act is amended by striking 
"210(a)(lXB)(l)(B)" and inserting "210(a)(BXl)(B)"; 
(8) section 309(b)(8) of such Act is amended by striking 
"274A(g)" and inserting "274A(h)"; and 
(9) section 310 of such Act is amended— 
(A) by adding "and" at the end of paragraph (1); 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as paragraph (2) 
and by striking "309(c)" and inserting "309(b)'^. 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4319 
(aa) Effective as if included in section 4 of Public Law 102-
110, section 161(c)(3) of the Immigration Act of 1990 is amended— 
(1) by striking "alien described in section 203(a)(3) or 
203(a)(6) of such Act" and inserting "alien admitted for perma-
nent residence as a preference immigrant under section 
203(a)(3) or 203(a)(6) of such Act (as in effect before such 
date)"; and 
(2) by striking "this section" and inserting "this title". 
(bb) Section 599E(c) of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended by striking "and subparagraphs" and inserting 
"or subparagraph". 
(cc) Section 204(a)(1)(C) of the Immigration Reform and Control 
Act of 1986 is amended by striking "year 1993 the first place 
it appears" and inserting "years 1993". 
(dd) Except as otherwise specifically provided in this section, 
the amendments made by this section shall be effective as if 
included in the enactment of the Immigration Act of 1990. 
(ee)(l) Section 210A of the Immigration and Nationality Act 
(8 U.S.C. 1161) is repealed. 
(2) The table of contents of the Immigration and Nationality 
Act is amended by striking the item relating to section 210A. 
iff) Section 122 of the Immigration Act of 1990 is amended 
by striking subsection (a). 
(gg) The Copyright Royalty Tribunal Reform Act of 1993 (Public 
Law 103-198; 107 Stat. 2304) is amended by striking section 8. 
SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES. 
(a) WAIVER.—Section 212(e) of the Immigration and Nationality 
Act (8 U.S.C. 1182(e)) is amended— 
(1) in the first proviso by inserting "(or, in the case of 
an alien described in clause (iii), pursuant to the request of 
a State Department of Public Health, or its equivalent)" after 
"interested United States Government agency"; and 
(2) by inserting after "public interest" the following: "except 
that in the case of a waiver requested by a State Department 
of Public Health, or its equivalent the waiver shall be subject 
to the requirements of section 214(k)". 
(b) RESTRICTIONS ON WAIVER.—Section 214 of such Act (8 U.S.C. 
1184) is amended by adding at the end the following: 
"(k)(l) In the case of a request by an interested State agency 
for a waiver of the two-year foreign residence requirement under 
section 212(e) with respect to an alien described in clause (iii) 
of that section, the Attorney General shall not grant such waiver 
unless— 
"(A) in the case of an alien who is otherwise contractually 
obligated to return to a foreign country, the government of 
such country furnishes the Director of the United States 
Information Agency with a statement in writing that it has 
no objection to such waiver; 
"(B) the alien demonstrates a bona fide offer of full-time 
employment at a health facility and agrees to begin employment 
at such facility within 90 days of receiving such waiver and 
agrees to continue to work in accordance with paragraph (2) 
at the health care facility in which the alien is employed 
for a total of not less than 3 years (unless the Attorney General 
Effective date. 
8 u s e 1101 note. 
8 u s e 1255 note. 
8 u s e 1255a 
note. 
8 u s e 1101 note. 
8 u s e 1182 note. 
8 u s e 1288,1288 
note. 
108 STAT. 4320 
PUBLIC LAW 103-416—OCT. 25, 1994 
determines that extenuating circumstances such as the closure 
of the facihty or hardship to the alien would justify a lesser 
period of time); 
"(C) the alien agrees to practice medicine in accordance 
with paragraph (2) for a total of not less than 3 years only 
in the geographic area or areas which are designated by the 
Secretary of Health and Human Services as having a shortage 
of health care professionals; and 
"(D) the grant of such waiver would not cause the number 
of waivers allotted for that State for that fiscal year to exceed 
twenty. 
"(2)(A) Notwithstanding section 248(2), the Attorney General 
may change the status of an alien that qualifies under this sub-
section and section 212(e) to that of an alien described in section 
101(a)(15)(H)(i)(b). 
"(B) No person who has obtained a change of status under 
subparagraph (A) and who has failed to fulfill the terms of a 
contract with a health facility shall be eligible to apply for an 
immigrant visa, for permanent residence, or for any other change 
of nonimmigrant status until it is established that such person 
has resided and been physically present in the country of his 
nationality or his last residence for an aggregate of at least two 
years following departure from the United States. 
"(3) Notwithstanding any other provision of this subsection, 
the two-year foreign residence requirement under section 212(e) 
shall apply with respect to an alien described in clause (iii) of 
that section, who has not otherwise been accorded status under 
section 101(a)(27)(H), if at any time the alien practices medicine 
in an area other than an area described in paragraph (1)(C).". 
8 use 1182 note. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to aliens admitted to the United States under section 
101(a)(15)(J) of the Immigration and Nationality Act, or acquiring 
such status after admission to the United States, before, on, or 
after the date of enactment of this Act and before June 1, 1996. 
8 u s e 1101 note. 
SEC. 221. VISAS FOR OFFICIALS OF TAIWAN. 
Whenever the President of Taiwan or any other high-level 
official of Taiwan shall apply to visit the United States for the 
purposes of discussions with United States Federal or State govern-
ment officials concerning— 
(1) trade or business with Taiwan that will reduce the 
United States-Taiwan trade deficit; 
(2) prevention of nuclear proliferation; 
(3) threats to the national security of the United States; 
(4) the protection of the global environment; 
(5) the protection of endangered species; or 
(6) regional humanitarian disasters. 
The official shall be admitted to the United States, unless the 
official is otherwise excludable under the immigration laws of the 
United States. 
SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FELONY. 
(a) 
EXPANSION OF DEFINITION.—Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended 
to read as follows: 
"(43) The term 'aggravated felony' means— 
"(A) murder; 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4321 
**(B) illicit trafficking in a controlled substance (as 
defined in section 102 of the Controlled Substances Act), 
including a drug trafficking crime (as defined in section 
924(c) of title 18, United States Code); 
"(C) illicit trafficking in firearms or destructive devices 
(as defined in section 921 of title 18, United States Code) 
or in explosive materials (as defined in section 841(c) of 
that title); 
"(D) an offense described in section 1956 of title 18, 
United States Code (relating to laimdering of monetary 
instruments) or section 1957 of that title (relating to engag-
ing in monetary transactions in property derived firom spe-
cific unlawfiil activity) if the amount of the fiinds exceeded 
$100,000; 
"(E) an offense described in— 
"(i) section 842 (h) or (i) of title 18, United States 
Code, or section 844 (d), (e), (f), (g), (h), or (i) of that 
title (relating to explosive materials offenses); 
"(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n), 
(o), (p), or (r) or 924 (b) or (h) of title 18, United 
States Code (relating to firesirms offenses); or 
"(iii) section 5861 of the Internal Revenue Code 
of 1986 (relating to firearms offienses); 
"(F) a crime of violence (as defined in section 16 of 
titie 18, United States Code, but not including a purely 
political offense) for which the term of imprisonment 
imposed (regardless of any suspension of imprisonment) 
is at least 5 years; 
"(G) a theft offense (including receipt of stolen property) 
or burglaiy offense for which the term of imprisonment 
imposed (regsirdless of any suspension of such imprison-
ment) is at least 5 years; 
"(H) an offense described in section 875, 876, 877, 
or 1202 of titie 18, United States Code (relating to the 
demand for or receipt of ransom); 
"(I) an offense described in section 2251, 225 lA, or 
2252 of titie 18, United States Code (relating to child 
pornography); 
"(J) an offense described in section 1962 of titie 18, 
United States Code (relating to racketeer influenced cor-
rupt organizations) for which a sentence of 5 years' impris-
onment or more may be imposed; 
"(K) an offense that— 
"(i) relates to the owning, controlling, managing, 
or supervising of a prostitution business; or 
'Xii) is described in section 1581, 1582, 1583, 1584, 
1585, or 1588, of titie 18, United States Code (relating 
to peonage, slavery, and involimtary servitude); 
"(L) an offense described in— 
"(i) section 793 (relating to gathering or transmit-
ting national defense information), 798 (relating to 
disclosure of classified information), 2153 (relating to 
sabotage) or 2381 or 2382 (relating to treason) of titie 
18, United States Code; or 
"(ii) section 601 of the National Security Act of 
1947 (50 U.S.C. 421) (relating to protecting the identity 
of undercover intelligence agents); 
108 STAT. 4322 
PUBLIC LAW 103-416—OCT. 25, 1994 
"(M) an ofifense that— 
"(i) involves fraud or deceit in which the loss to 
the victim or victims exceeds $200,000; or 
"(ii) is described in section 7201 of the Internal 
Revenue Code of 1986 (relating to tax evasion) in which 
the revenue loss to the Government exceeds $200,000; 
"(N) an offense described in section 274(a)(1) of title 
18, United States Code (relating to alien smuggUng) for 
the purpose of commercial advantage; 
"(O) an offense described in section 1546(a) of title 
18, United States Code (relating to document fraud) which 
constitutes trafficking in the documents described in such 
section for which tne term of imprisonment imposed 
(regardless of any suspicion of such imprisonment) is at 
least 5 years; 
**(P) an offense relating to a failure to sippear by a 
defendant for service of sentence if the underljdng offense 
is punishable by imprisonment for a term of 15 years 
or more; and 
"(Q) an attempt or conspiracy to commit an offense 
described in this paragraph. 
The term applies to an offense described in this para^aph 
whether in violation of Federal or State law and apphes to 
such an offense in violation of the law of a foreign coimtry 
for which the term of imprisonment was completed within 
the previous 15 years.". 
8 use 1101 note. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to convictions entered on or after the date of enactment 
of this Act. 
SEC. 223. SUMMARY DEPORTATION. 
(a) EXPEDITED PROCEDURES.—Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended— 
(1) in subsection (b)(4)(D), by striking "the determination 
of deportability is supported by clear, convmcing, and imequivo-
cal evidence and"; ana 
(2) in subsection (b)(4)(E), by striking "entered" and insert-
ing "adjudicated". 
(b) 
TECHNICAL 
CORRECTION.—Section 
106(d)(1)(D) of the 
Immigration and NationaHty Act (8 U.S.C. 1105a) is amended by 
striking "242A(b)(5r and inserting "242A(b)(4)". 
SEC. 224. JUDICIAL DEPORTATION. 
(a) JUDICIAL DEPORTATION.—Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by addfing at 
the end the following new subsection: 
"(d) JUDICIAL DEPORTATION.— 
"(1) AUTHORITY.—^Notwithstanding any other provision of 
this Act, a United States district court shall have Jurisdiction 
to enter a judicial order of deportation at the time of sentencing 
against an alien whose criminal conviction causes such alien 
to be deportable under section 241(a)(2)(A), if such an order 
has been requested by the United States Attorney with the 
concurrence of the Conmiissioner and if the court chooses to 
exercise such jurisdiction. 
"(2) PROCEDURE.— 
Notification. 
**(A) The United States Attorney shall file with the 
United States district court, and serve upon the defendant 
PUBLIC LAW 103-416—OCT. 25, 1994 
108 STAT. 4323 
and the Service, prior to commencement of the trial or 
entry of a guilty plea a notice of intent to request judicial 
deportation. 
"(B) Notwithstanding section 242B, the United States 
Attorney, with the concurrence of the Conmiissioner, shall 
file at least 30 days prior to the date set for sentencing 
a charge containing factual allegations regarding the 
ahenage of the defendant and identifying tne crime or 
crimes which make 1iie defendant deportable under section 
241(a)(2)(A). 
"(C) If the court determines that the defendant has 
presented substantial evidence to establish prima facie 
eUgibOity for relief fix)m deportation under tnis Act, the 
Commissioner shall provide the court with a reconmienda-
tion and report regarding the ahen's eligibility for relief. 
The court shall either grant or deny me relief sought. 
"(D)(i) The alien shall have a reasonable opportunity 
to examine the evidence against him or her, to present 
evidence on his or her own behalf, and to cross-examine 
witnessespresented by the Government 
"(ii) The coMit, for the purposes of determining whether 
to enter an order described m paragraph (1), shall only 
consider evidence that would be admissible in proceedings 
conducted pursuant to section 242(b). 
"(ui) Nothing in this subsection shaU Umit the informa-
tion a court of tne United States may receive or consider 
for the purposes of imposing an appropriate sentence. 
"(iv) The court may order the ahen deported if the 
Attorney General demonstrates that the alien is deportable 
under this Act 
"(3) NOTICE, APPEAL, AND EXECUTION OF JUDICIAL ORDER 
OF DEPORTATION.— 
"(A)(i) A judicial order of deportation or denial of such 
order may be appealed bv either party to the court of 
appeals for the circuit in which the district court is located. 
"(ii) Except as provided in clause (iii), such appeal 
shall be considered consistent with tiie requirements 
described in section 106. 
"(iii) Upon execution by the defendant of a vahd waiver 
of the right to appeal the conviction on which the order 
of deportation is based, the expiration of the period 
described in section 106(a)(1), or the final dismissal of 
an appeal fix)m such conviction, the order of deportation 
shall become final and shall be executed at the end of 
the prison term in accordance with the terms of the order. 
If the conviction is reversed on direct appeal, the order 
entered pursuant to this section shall be void. 
"(B) As soon as is practicable after entry of a judicial 
order of deportation, tne Conmiissioner shall provide the 
defendant with writi^en notice of the order of deportation, 
which shall designate the defendant's country of choice 
for deportation and any alternate country pursuant to sec-
tion 243(a). 
"(4) DENIAL OF JUDICL\L ORDER.—^Denial without a decision 
on the merits of a request for a judicial order of deportation 
shall not preclude the Attorney General fix)m initiating deporta-
tion proceedings pursuant to section 242 upon the same ground 
79-194 O—95—27 : QL 3 Part 5 
108 STAT. 4324 
PUBLIC LAW 103-416—OCT. 25, 1994 
of deportability or upon any other ground of deportabiHty pro-
vided under section 241(a).''. 
(b) TECHNICAL AMENDMENT.—The ninth sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) 
is amended by striking "The" and inserting *^xcept as provided 
in section 242A(d), the". 
8 USC1252 note. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to all aUens whose adjudication of guilt or guilty plea 
is entered in the record after the date of enactment of this Act. 
8 u s e 1101 note. SEC. 225. CONSTRUCTION OF EXPEDITEI) DEPORTATION REQUIRE-
MENTS. 
No amendment made by this Act and nothing in section 242(i) 
of the Immigration and Nationality Act (8 U.S.C. 1252(i)) shall 
be construed to create any substantive or procedural right or benefit 
that is legally enforceable by any party against tJie United States 
or its agencies or officers or any other person. 
Approved October 25, 1994. 
LEGISLATIVE HISTORY—H.R. 783 (S. 1197): 
HOUSE REPORTS: No. 103-387 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): July 1, S. 1197 considered and passed Senate. 
Nov. 20, H.R. 783 considered and passed House; considered and 
passed Senate, amended. 
Vol. 140 (1994): Sept. 20, House concurred in Senate amendment with an 
amendment. 
Oct. 6, Senate concurred in House amendment with 
amendments. 
Oct. 7, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Oct. 25, Presidential statement.